Calida questions Sereno's appointment as chief justice before SC

MANILA, Philippines (UPDATED 2:09 p.m.) — Solicitor General Jose Calida on Monday filed a petition before the Supreme Court to challenge the legality of Chief Justice Maria Lourdes Sereno's hold over her position.

Calida, in a press conference, insisted that a quo warranto proceeding is a "proper remedy to question the validity of Sereno’s appointment."

The solicitor general has filed a 34-page petition asking the SC to declare as void Sereno's appointment as chief justice of the Supreme Court.

"She flunked the test of integrity when she failed to file more or less 10 SALNs (when she applied for chief justice position in 2012)," Calida added.

A quo warranto proceeding is an action used to determine whether a person has legal right to hold public office.

Calida insisted that Sereno is just a "de-facto chief justice" since her appointment to the position is invalid due to her failure to meet the Statement of Assets, Liabilities and Net Worth requirement of the Judicial and Bar Council.

The petition emanated from a letter filed by suspended lawyer Eligio Mallari, urging Calida to initiate a quo warranto proceeding against Sereno.

Impeachment vs quo warranto

Sereno's camp has earlier dismissed Mallari's petition, insisting that an impeachment is the only way to oust the chief magistrate.

However, the solicitor general argued that an impeachment proceeding is different from a quo warranto proceeding.

He stressed: "The writ of quo warranto is being sought to question the validity of her appointment; in turn, the impeachment complaint accuses her of committing culpable violation  of Constitution and betrayal of public trust while in office."

The House of Representatives justice panel is set to vote on whether the complaint filed by lawyer Larry Gadon has probable cause to oust Sereno on March 8.

Asked if he would ask for a halt order on the proceeding at the House of Representatives, Calida insisted that the quo warranto proceeding is different from the impeachment.

"They can proceed with their impeachment. Insofar as we are concerned, proper remedy is quo warranto," Calida told reporters.

'Act of kindness'

Calida also said that his filing of a quo warranto proceeding against Sereno is "an act of kindness."

"The Office of the Solicitor General will not allow you to undergo the indignity that the late Chief Justice Renato Corona suffered at the hands of politicians who unjustly convicted him, " Calida said, adding: "You do not deserve that."

He said that through this proceeding, Sereno would be "judged by her peers, rather than politicians."

Sereno would also be given a chance to answer the allegations against her, Calida added.

The chief justice has gone on an indefinite leave starting March 1.

The 13 justices said that they reached a consensus on an en banc session last February 27 that Sereno should take an indefinite leave.

The chief justice, however, insisted that she is taking a leave from office to prepare for the looming impeachment trial at the Senate.