Makabayan petitions High Court to be granted opposition-in-intervention in quo warranto case

Mar. 22, 2018

Photo courtesy of Makabayan Bloc

MANILA, Philippines – The House Makabayan bloc on Thursday filed a petition to junk and intervene in the quo warranto proceedings against Chief Justice Maria Lourdes Sereno at the Supreme Court (SC).

The opposition bloc, composed of Representatives Carlos Isagani Zarate, Antonio Tinio, France Castro, Emmi De Jesus, Arlene Brosas, Ariel Casilao and Sarah Elago, had asked the High Court to grant them leave and allow their opposition-in-intervention, and for the quo warranto to be dismissed.

“Malinaw na aabusuhin ni Pangulong Duterte para tanggalin ang lahat ng mga kritiko ng kanyang administrasyon at ang mga institusyon na nagsisilbing checks and balances kung magtatagumpay siya sa quo warranto petition,(It is clear that President Duterte would abuse his power to remove all critics to his administration and institutions that serve as checks and balances if he succeeds in the quo warranto petition.)” Tinio told reporters before filing the petition.

Tinio also stressed the group’s stance that the quo warranto has no legal basis and Sereno could only be unseated through an impeachment.

“We petition to be granted opposition-in-intervention to the quo warranto petition filed by the OSG (Office of the Solicitor General) against Sereno so that we could be included in the proceedings and support the Chief Justice from the Quo Warranto case filed against her,” Tinio said.

“The case filed against her is wrong and unconstitutional. As Chief Justice, which is an impeachable public official, she can only be removed from her office by means of impeachment which the Congress has jurisdiction,” he added.

Zarate likewise said the filing of the quo warranto case against Sereno sets a “very dangerous and ruinous precedent that can even be used against any impeachable officer, including other justices of the Supreme Court who go against the wishes of and in the crosshairs of the administration or interest groups.”

“As representatives of the people, we will not allow this legal shortcut to take that power away from the people and at the same time undermine the judiciary as an institution by letting CJ Sereno’s peers to oust her,” he added.

The 28-page petition also states that the OSG’s allegations against Sereno that she did not declare in full her wealth, had already being tackled in the impeachment proceedings at the House.

Former Senator Rene A.V. Saguisag, Bagong Alyansang Makabayan (BAYAN) Secretary General Mr. Renato M. Reyes Jr., Bishop Broderick S. Pabillo D.D., National Union of Peoples’ Lawyers Secretary General Atty. Ephraim B. Cortez, and the convenors and members of Movement Against Tyranny (MAT), are also among the signatories of the anti-quo warranto petition.

The top magistrate is on an indefinite leave amid twin moves by the SC and the lower House to unseat her.

Last March 5, the OSG filed a quo warranto petition to nullify her appointment, for allegedly failing to declare in full her statements of assets, liabilities, and net worth (SALN).

Lawyer-complainant Lorenzo Gadon, in his impeachment complaint, is also accusing Sereno of committing corruption, culpable violation of the Constitution, betrayal of public trust, and other high crimes.

The House justice panel approved the articles of impeachment against Sereno last March 19.

The House plenary is set to tackle the articles of impeachment within 60 session days from its submission by the justice committee. Congress will go on recess on March 23 and will resume on May 14.

If the articles of impeachment gets one-third votes of the entire House members, the lower Chamber would then transmit the impeachment complaint to Senate, which would convene as an impeachment court. (davaotoday.com)

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