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VACC lawyer asks Solgen to challenge Sereno's hold over chief justice position

February 21, 2018 | 2:37pm

VACC lawyer asks Solgen to challenge Sereno's hold over chief justice position

Suspended lawyer Eligio Mallari noted that Associate Justices Diosdado Peralta and Teresita Leonardo-De Castro raised the legality of Chief Justice Maria Lourdes-Sereno's appointment during the House of Representative's deliberation on the impeachment rap against the latter.

Efigenio Toledo IV / Philstar.com, File

MANILA, Philippines — Suspended lawyer Eligio Mallari on Wednesday asked the Office of the Solicitor General to conduct a proceeding to determine the legality of Chief Justice Maria Lourdes Sereno's appointment.

"It is respectfully suggested that the Solicitor General initiate quo warranto proceeding in the name of the Republic of the Philippines against de facto SC Chief Justice Maria Lourdes Sereno in accordance with law," Mallari said.

He filed a two-page letter addressed to Solicitor General Jose Calida, urging the latter to conduct a quo warranto proceeding against the chief justice. A quo warranto proceeding is an action used to determine whether a person has a legal right to hold public office.

"The Solicitor General or a public prosecutor, when directed by the President of the Philippines, or when upon complaint or otherwise he has good reason to believe that any case specified in the preceding section can be established by proof, must commence such action," Rule 66 of the Rules of Court further reads.

Mallari noted that Associate Justices Diosdado Peralta and Teresita Leonardo-De Castro raised the legality of Sereno's appointment in the House of Representative's deliberation on the impeachment rap against the chief justice.

This was after it was revealed that Sereno submitted only three of her Statements of Assets, Liabilities and Net Worth when she applied for the chief justice position post in 2012.

De Castro, who also applied for the position in 2012, said that she submitted 10 SALNs. She said that Sereno should have been excluded from the list of candidates.

READ: Magistrates say Sereno's inclusion on chief justice shortlist an 'injustice'

Rep. Vicente Veloso (Leyte), who is a former justice of the Court of Appeals, said that Sereno's appointment "could be considered as 'void from the beginning.'"

Veloso added that Duterte could recall Sereno's appointment, but presidential spokesperson Harry Roque earlier said that the Malacañang will leave Sereno's fate to the hands of Congress.

Mallari also noted that Sereno received a "very low score or failing mark" in the psychological test conducted by the Judicial Bar Council. The council, during the House deliberation, however, clarified that there is no passing or failing score on the said test.

Maria Milagros Fernan-Cayosa, who represented the JBC in the February 12 hearing, said that they only conduct the test to check if the person has psychosis. The test has a 1 to 5 scoring system with 5 signifying that the person must be suffering psychosis or a serious mental disorder.

Fernan-Cayosa, however, explained that there is no rule that says candidates with a score of 5 are disqualified from the post.

READ: JBC member: Psych test no basis to disqualify candidate

Mallari, a member of the Volunteers against Crime and Corruption, filed complaints against several public officials deemed as "enemies" of the government including Sereno, Ombudsman Conchita Carpio-Morales, and Overall Deputy Ombudsman Melchor Carandang.

He was ordered suspended by the SC for using "dilatory tactics" in the Government Service and Insurance System's execution of a writ of possession over his forfeited parcels of land.

READ: Pro-Duterte lawyer ordered suspended by SC