Supreme Court asked to void CJ Sereno appointment

MANILA, Philippines — Lawyer Oliver Lozano yesterday filed a petition asking the Supreme Court (SC) to declare the appointment of Chief Justice Maria Lourdes Sereno invalid because she allegedly failed to comply with the legal requirements needed for her appointment.

The Integrated Bar of the Philippines, however, issued a statement stressing that under the Constitution, a chief justice can be removed only by impeachment.

Lozano pointed out that Sereno’s appointment was being questioned because she reportedly failed to comply with the mandatory legal requirements for her appointment such as the filing of her statement of assets, liabilities and net worth (SALN) to the Judicial and Bar Council (JBC) when she applied for the position in 2012.

“Wherefore, we respectfully pray that the honorable Court en banc, motu propio, declare void the appointment of Chief Justice Ma. Lourdes P.A. Sereno accordingly in the paramount interest of public welfare,” said Lozano. 

Sereno is also facing an impeachment complaint for alleged betrayal of public trust that encompasses any malfeasance in public office. 

The allegations being hurled against her have also caused division in the SC and the JBC. 

“The protracted and scandalous controversy over the validity of Chief Justice Sereno’s appointment, and impeachment against her have caused deep division and dissension in the bench and bar,” Lozano added.

He said the high court, with its inherent and plenary powers, should preserve the integrity of the judiciary and the public’s faith in the justice system and on its own promptly rule on the validity of her appointment.

Lozano also reminded the magistrates that, “vacillation is dereliction” of their duties.

The House of Representatives committee on justice is threatening to cite a spokesman for Sereno in contempt and punish him.

In a letter, the committee asked Anacleto Lacanilao lll to explain his statement that Sereno would be going on a 15-day wellness leave to prepare for her expected Senate impeachment trial.

He made the statement shortly after the session of the Supreme Court, during which some justices reportedly asked the chief justice to either take an indefinite leave or resign, or they would declare her position vacant.

The justice committee noted that Lacanilao issued his statement “despite news reports citing sources who were present in the en banc session claiming that chief justice Sereno was forced to go on an indefinite leave, thereby causing confusion to the members of the committee and to the public.”

Coincidentally, the justice committee chaired by Mindoro Oriental Rep. Reynaldo Umali was holding its last hearing while the Supreme Court was conducting its regular weekly closed-door session.

Informed of Lacanilao’s statement, Umali refuted it, saying his sources in the high court had just told him that Sereno was compelled to take an indefinite leave.

He claimed that the spokesman’s announcement was part of the “lies and deception” from Sereno’s camp.

“Should you fail or refuse to comply with this order, the committee shall take appropriate actions, which may include the possibility of citing you in contempt,” the Umali committee said in its letter to Lacanilao.

Next week, the committee is expected to find probable cause to impeach Sereno.

Speaker Pantaleon Alvarez has said the House would send the case against the chief justice to the Senate for trial before Congress goes on Lenten recess later this month.