Only impeachment trial can oust Sereno, says IBP

Students from the University of Baguio gather to take a photo with Chief Justice Maria Lourdes Sereno who took an indefinite leave starting March 1, 2018.
Philstar.com/Artemio Dumlao

MANILA, Philippines — The Philippine Constitution holds that only an impeachment trial can remove a chief justice from position, the Integrated Bar of the Philippines said on Friday.

"Any artifice or device intended to solely target the Chief Justice and short-circuit the process would be repugnant to the Constitution, and must be slain on sight if our democratic processes are to be observed," the 40,000-strong group of lawyers said.

Earlier this week, reports citing unnamed sources said that confrontation ensued among justices in Tuesday's en banc session. It was reported that a justice asked Sereno to resign.

Clarifications were issued by both Sereno and the SC en banc, saying that the chief justice is taking an "indefinite leave" starting March 1.

READ: SC justices: We asked Sereno to take a leave 
 

Suspended lawyer Eligio Mallari also urged the Office of the Solicitor General to initiate a quo warranto proceeding against Sereno.

The proceeding challenges Sereno's hold on her position.

In light of the developments, the IBP said that security of tenure be given to members of the judiciary "to shield judges from the political elements that may have played a role in their appointment to the bench."

"The [SC] itself has repeatedly emphasized our Constitution's built-in bias towards a fearless and an incorruptible judiciary that is prepared to follow the law and to administer it regardless of consequences," the IBP added.

The IBP, however, welcomes Senior Associate Justice Antonio Carpio as the acting chief justice while Sereno is on leave.

Carpio holds the second highest position in the SC, in terms of tenure of service.

"There are no better hands to take the baton of leadership in the meantime that we wait for evidence to be presented in the impending trial of Sereno," the IBP said.

On Friday morning, an unfazed Sereno delivered a speech at the University of Baguio. She said: "Give me my day in the Senate impeachment court or admit that there is no probable cause."

READ: Unfazed Sereno faces public, challengers accusers

Sereno also stressed that she will not step down from her position.

The House of Representatives justice panel will vote whether the complaint filed by Larry Gadon has probable cause to oust Sereno next week.

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