By Rey G. Panaligan
Solicitor General Jose C. Calida asked the Supreme Court yesterday to nullify the appointment of Maria Lourdes P. A. Sereno as Chief Justice for her failure to submit the documents required for the highest post in the Judiciary.
The SC is expected to tackle Calida’s petition in its regular full court session today with Senior Justice Antonio T. Carpio who is acting Chief Justice since Sereno has gone on indefinite leave since March 1.
Sources said that if taken up and given due course, the SC is expected to require Sereno to comment on the petition.
In his petition, Calida told the SC that Sereno’s appointment was invalid from the start because she did not meet the specific qualification of proven integrity with her failure to submit the 10-year Statements of Assets, Liabilities, and Net Worth.
Calida said: “Under Section 7(3), Article 8 of the 1987 Constitution, the Chief Justice of the Supreme Court of the Republic of the Philippines, like any member of the Judiciary, must be of proven integrity. Cognizant of this eligibility requirement, the Judicial and Bar Council in 2009 directed all applicants for the position of Chief Justice to submit 10 Statements of Assets and Liabilities filed prior to their application.”
“Respondent Maria Lourdes P.A. Sereno did not do so, although she began her government service as a professor at the University of the Philippines College of Law from 1986 to 2006. The Report to the JBC nevertheless mistakenly stated ‘complete requirements’ opposite Sereno’s name,” he said.
“This misled the JBC into including her in the shortlist. She was subsequently appointed to the highest position in the Judiciary notwithstanding her failure to prove her integrity,” Calida said.
“Respondent was appointed as Chief Justice of the Supreme Court 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 8 of the 1987 Constitution.”
“Such ineligibility means that she is unlawfully holding the position of Chief Justice of the Supreme Court, even as she was ostensibly recommended by the Judicial and Bar Council under Section 8(5), Article 8 of the 1987 Constitution,” Calida said.
