THE Office of Solicitor General on Monday, March 5, asked the Supreme Court to oust Chief Justice Maria Lourdes Sereno over her supposed failure to comply with the requirements imposed by the Judicial and Bar Council (JBC) when she applied for the position of Chief Justice in 2012.
The petition filed by Solicitor General Jose Calida is a quo warranto petition, which tests any official's legal right to hold public office.
The OSG said the quo warranto petition is the appropriate remedy to question the validity of Sereno's appointment.
Critics of the administration as well as the spokespersons of Sereno's, earlier expressed opposition to the filing of the said petition, saying the Congress under the Constitution has the sole power to oust the Chief Justice, an impeachable officer.
The OSG pointed out that under Section 7 (3) Article VIII of the Constitution, a member of the judiciary must be a person of proven competence, integrity, probity, and independence.
"Unfortunately for respondent Sereno, she flunked the test of integrity when she failed to file more or less 10 SALNs (Statement of Assets Liabilities and Networth)," Calida in a statement.
He cited Section 17, Article XI (Accountability of Public Officers) which requires the submission of SALNs as often as maybe required under Republic Act 3109.
"The blatant disregard by respondent Sereno to comply with the requirements of the law and constitution proves her lack of integrity, hence, she is unlawfully holding the position of Chief Justice of the Supreme Court," Calida said.
During the hearings conducted by the House committee on justice on the impeachment complaint filed against Sereno, it was discovered that the latter failed to submit to the JBC her SALNs for the years she had worked in the University of the Philippines.
It was also discovered that she had received a failing grade of "4" in the psychiatric test administered to her by psychiatrists in the JBC.
The JBC required applicants to score at least 3 or below for them to qualify for the position.
According to Calida, Sereno is unlawfully holding her position.
"Respondent was appointed as Chief Justice although she did not show that she is a person of proven integrity, an indispensable qualification for membership in the judiciary under Section 7 (3) Article VIII of the Constitution," the OSG's petition read.
"Such intelligibility means that she is unlawfully holding the position of Chief Justice of the Supreme Court, although she is ostensibly recommended by the Judicial and Bar Council under Section 8 (5) Article VIII of the 1987 Constitution," it added.
The OSG prayed for the SC to declare as void Sereno's appointment and oust her from her position. (SunStar Philippines)