I stand with Chief Justice Maria Lourdes P. A. Sereno in her statement released a few weeks ago regarding the quo warranto petition filed by Solicitor General Jose Calida seeking to declare her appointment null and void following the non-submission of the Statement of Assets, Liabilities, and Networth (SALN) to the Judicial and Bar Council (JBC) as a requirement for the position as the Judiciary's head.
The government's lawyer, Atty. Jose Calida questioned before the Supreme Court (SC) the appointment of Sereno in 2012 as she did not submitted her SALN's for 10 years during her previous stint as UP Law Professor by filing a quo warranto petition. The said petition was deemed as an extra-constitutional act according to law experts, the Integrated Bar of the Philippines (IBP) being one of them. They voiced out that the only way to remove a Chief Justice is through an impeachment trial in the Senate acting as the impeachment court.
Office of the Solicitor General Seal. Photo downloaded from Manila Bulletin.
Solicitor General Jose Calida. Photo from osg.gov.ph
The Chief Justice then, through her spokesperson, answered the quo warranto petition before the SC. The camp of CJ Sereno stated that the JBC required all applicants for the CJ post to submit all previous SALNs for those in government. 13 other CJ applicants were not able to submit all the SALNs required by the JBC, including Associate Justices Teresita Leonardo-De Castro, Arturo Brion (retired), Roberto Abad (retired), and even Acting Chief Justice and Senior Associate Justice Antonio T. Carpio.
After CJ Sereno tagged Justices Carpio and Leonardo-de Castro as among the applicants who did not submitted their SALN's in 2012 to the JBC, the two justices then showed a certification from the JBC Executive Committee that they had a copy of 10 or more than SALN's - thus nullifies the argument made by Sereno's camp.
Copies of certification from JBC Executive Committee showing that Justices Carpio and Leonardo-de Castro submitted their SALN to JBC. Photos downloaded from Twitter.
But Sereno and her team explained that JBC required all previous SALNs up to 31 December 2011 for those in government service. The requirement was not SALNs for 10 years or 15 years but all previous SALNs. Many applicants could not comply. Not even Justice de Castro who submitted 15 SALNs even if she was in government service for longer than 15 years. She has been in government service since 1973. The SALN requirement was not imposed only in RA 6713. SALNs were required by RA 3019 which was approved on 17 August 1960.
After the 1987 Constitution took effect, RA 6713 expanded the requirement to include spouses and unmarried children. That took effect on March 25, 1989.
So Justice de Castro also benefitted when JBC relaxed its requirements and accepted substantial compliance of the 15 SALNs even if she was supposed to file 39 SALNs. The JBC can relax its requirements because SALN submission is not a constitutional requirement but a JBC requirement.
The camp of the Chief Justice even added that Senator Francis Escudero, who was a JBC member from 2008 to 2013, said the relaxed rule on SALN submission was not intended for Sereno.
According to Escudero, the rule on SALN was relaxed even before Sereno applied for the position of associate justice in 2010.
He recounted that the JBC had been discussing the situation of former Associate Justice Roberto Abad, who could not complete his SALN filings for his service with the Office of the Solicitor General, when it relaxed the SALN rule.
So these clearly states the fact that the Chief Justice cannot be removed from her post as the Chief Magistrate and Sereno, together with the other Chief Justice aspirants in 2012, enjoyed the ruling of JBC regarding SALN submission. And it only manifests that Sereno's appointment as Chief Justice is still in effect and can never be null and void.
If they wish for her to be ousted as CJ, then they should undergo to the scrutiny of the Senate as the impeachment court. Another thing: why would entertain any act to remove the Judiciary's head that has never been bound by a constitutional provision? SolGen Calida just wasted his time and effort for being too desperate in unseating Sereno.
I firmly believe that Sereno will surpass these obstacles in her path towards leading a judiciary with full independence, and attaining its goals to better serve its clientele. Let's take a stand and fight with Chief Justice Sereno!
The Supreme Court Justices in 2012. Photo obtained from sc.judiciary.gov.ph.
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