Sereno on quo warranto: SolGen is ‘forum shopping’

MANILA, Philippines – Chief Justice Maria Lourdes Sereno filed a new supplemental memorandum before the Supreme Court (SC) citing one more reason to dismiss the quo warranto petition against her.

Sereno in a supplemental memorandum filed on Friday, May 4, accused the Office of the Solicitor General (OSG) of “forum shopping,” as rumors swirl that her colleagues could decide on her removal as early as this week.

Her camp issued a press release about this on Sunday, May 6.

Sereno said the issues raised in the quo warranto petition filed by the OSG are “not only related, but identical” to the articles of impeachment earlier approved by the House committee on justice.

Both questioned her alleged failure to file her statement of assets, liabilities, and net worth (SALNs) when she was professor at the University of the Philippines. 

Sereno said the OSG is seeking to usurp the exclusive power of the House of Representatives to initiate and prosecute impeachment cases.

“The OSG has committed willful and deliberate forum shopping, which should result in the outright dismissal of the quo warranto petition,” Sereno said.

“The forum-shopping in this case was willful and deliberate even though it was well-aware of the identical issues, subject matter, and relief sought in the impeachment proceeding,” Sereno said.

Forum shopping is a prohibited malpractice. Sereno said all the elements of forum shopping are present in the OSG quo warranto petition.

Both the OSG petition and the articles of impeachment also seek similar relief – her removal from office.

Possible involvement of SC colleagues

Sereno noted how Speaker Pantaleon Alvarez supported the simultaneous hearings for the impeachment complaint in the House of Representatives and the quo warranto case in the SC.

Sereno said it is clear that “those behind the impeachment before Congress and the Petition before this Honorable Court are one and the same.”

In her petition, she also cited possible involvement of her colleagues in the High Court in the attempt to remove her. 

Sereno moved in April for the inhibition of Associate Justices Teresita Leonardo de Castro, Diosdado Peralta, Lucas Bersamin, Francis Jardeleza, and Noel Tijam “for their extreme bias and prejudice towards her.”

The 6 magistrates testified against Sereno in the impeachment proceeding in the House of Representatives. They also participated in th  “Red Monday” protest that demanded her resignation.

She also asked Associate Justice Samuel Martires on Friday to inhibit from the case “for showing his bias when he faith-shamed her during the April 10 oral arguments.”

She appealed to her colleagues to dismiss the petition. “The Chief Justice thus humbly renews her call on her brethren in the Supreme Court to remain faithful to their oaths to uphold and defend the Constitution, applicable law and jurisprudence, keeping in mind the utmost necessity of safeguarding the separation of powers and the system of checks and balances firmly ingrained therein,” read the supplemental memorandum.

Sereno also warned that granting the quo warranto petition filed against her could lead to the erosion of judicial independence.

Sereno maintained that the highest officials of the land, including the Chief Justice, can only be removed from office through impeachment by the House and conviction by the Senate. – Rappler.com