READ: SolGen quo warranto petition vs Chief Justice Sereno


Posted at Mar 06 2018 09:26 AM

Solicitor General Jose Calida on Monday filed a quo warranto petition before the Supreme Court to remove Chief Justice Maria Lourdes Sereno.

In the 34-page petition, Calida said the quo warranto petition is the appropriate remedy to question the validity of Sereno's appointment, saying the Chief Justice is "unlawfully holding" her post due to her alleged failure to fully disclose her wealth.

The Solicitor General said that while Sereno is an impeachable officer, she, like the President or Vice-President of the Philippines, may be subjected to quo warranto proceedings.

Guidelines for "quo warranto" proceedings, based on 2010 rules of the Presidential Electoral Tribunal, "may be applied by analogy" to Sereno, the OSG said.

"The Court recognizes the availability of quo warranto against an impeachable officer. In other words, respondent cannot claim that as Chief Justice, she can only be removed by impeachment under Section 2, Article XI of the Constitution," according to the petition.

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