Calida: SC should measure Sereno by same yardstick

MANILA, Philippines — Solicitor General Jose Calida has called on the Supreme Court to treat the ouster case of Chief Justice Maria Lourdes Sereno as it would a case against any public official.

“It should now choose between placing Respondent on equal footing with other public servants and applying the law with a firm hand, or placing her on a pedestal and giving her special treatment,” the government’s chief legal counsel implored the high tribunal.

On Friday, Calida filed an 81-page memorandum to expound on his arguments in his petition for quo warranto against the chief magistrate. He prays that the high tribunal nullifies Sereno’s appointment as chief justice in 2012, due to her alleged non-compliance with the Judicial and Bar Council’s requirements on Statements of Assets, Liabilities and Net Worth.

The solicitor general cited the dissenting opinion penned by Sereno herself in PS Bank v Senate Impeachment Court to bolster his argument. He quoted: “[T]hose who accept a public office do so cum onere, or with a burden, and are considered as accepting its burdens and obligations, together with benefits.”

Calida said that all public officials are required by the Constitution and by Republic Acts 3019 and 6713 to annually file their SALNs.

"She can be measured with the same yardstick," the government's chief legal counsel said.

The solicitor general said that Sereno “cannot be excused from complying with the law” as she stressed herself in one of the court documents she penned.

“If lowly court employees could be penalized for failing to file their SALNs, there is no reason why she should be considered eligible for appointment to the highest post in the judiciary,” Calida pointed out.

READ: Highlights: Oral arguments on Sereno ouster

SALN as a measure of integrity

The chief government counsel also asserted that Sereno cannot claim that she has proven her integrity.

“If an applicant, like Respondent, were unable to file her SALNs in compliance with constitutional and statutory requirements, such failure to comply would mean that the applicant is not of proven integrity,” he said.

During the oral arguments, Associate Justice Marvic Leonen zeroed in on SALN as a measure of one’s integrity.

He said that the JBC initially required the submission of all SALNs after the ouster of the late Chief Justice Reynato Corona, who was impeached due to unexplained wealth.

The justice said: “If our measure of integrity is only a piece of paper, then God help us.”

Associate Justice Noel Tijam, for his part, argued that “integrity” is not founded on jurisprudence. “It is founded on honesty, probity, truthfulness made by person.”

But Calida stressed: “One thing is beyond quibbling: a public officer’s failure to religiously comply with the constitutional and statutory requirement of filing the SALN negates any claim of proven integrity.”

After Sereno files her own memorandum also due today, the case is deemed submitted for resolution.

Acting Chief Justice Antonio Carpio said on Thursday that the SC may rule on Sereno’s quo warranto petition next month.

READ: 'Why the rush?' Sereno camp asks amid reports of special SC session