By Rey G. Panaligan
Chief Justice-on leave Maria Lourdes P. A. Sereno asked the Supreme Court yesterday to dismiss the quo warranto petition filed by Solicitor General Jose C. Calida who wanted her disqualified and unseated as head of the Judiciary.
In her comment, Sereno said the SC has no jurisdiction over the petition of Calida and that the Solicitor General’s case has no merit.
Through her lawyers led by Alexander Poblador, Sereno said that under the Constitution, she can be removed from office only through impeachment.
The lawyers cited the constitutional provision which states that impeachable officials, including SC justices, may be removed from office upon impeachment by the House of Representatives and conviction by the Senate, sitting as an impeachment court.
They pointed out that the SC, itself, has been consistent in applying the provision of the Constitution under Section 2, Article 11.
“The Chief Justice deserves her day in court before the Senate sitting as an Impeachment Tribunal,” the comment stated.
“To rule otherwise, and to preempt the impeachment process by summarily ousting the Chief Justice via quo warranto, would be tantamount to overthrowing the Constitution itself,” it stressed.
