Solicitor General Jose Calida slams Sereno

MANILA, Philippines — Solicitor General Jose Calida criticized Chief Justice Maria Lourdes Sereno for claiming that she is fighting for judicial independence when she prefers to be tried by senators in an impeachment court and not be judged by her peers via quo warranto.

“If Chief Justice Maria Lourdes Sereno is really for judicial independence, then why does she prefer to be tried by senators rather than allow her fellow justices to decide on the quo warranto petition?” Calida reasoned.

In a series of tweets, he criticized Sereno for projecting herself as a crusader of judicial independence but, at the same time, is against letting her colleagues in the High Court decide on the petition filed last Monday to invalidate her appointment as Chief Justice.

The petition alleged that Sereno is not qualified to become chief justice in the first place.

“If indeed Sereno is the champion of judicial independence, why doesn’t she trust her peers and colleagues at the Supreme Court to judge the quo warranto case filed against her? Instead, Sereno insists that the politicians in the Senate should try and judge her. Why is she afraid of the judiciary? Does she believe that the senators are more adept than the Supreme Court justices in resolving constitutional and legal issues?” the government’s chief lawyer asked.  

Calida posted the tweet after the 52-year-old Chief Justice said in her speech during the annual convention of the Philippine Women Judges Association (PWJA) that she would fight off the attempts of Congress and the SC to oust her. 

“This fight is for judicial independence, for the right of every member of the Court to confront her accuser face to face,” Sereno said then.

But Calida believes that Sereno is not fighting for judicial independence.

“On the contrary, she is degrading and weakening the judiciary. How can the judiciary be independent when its ‘Chief Justice’ relies on the legislature to decide her case? Isn’t that brazen hypocrisy?” he asked.

In a 34-page petition, Calida asked the SC to void Sereno’s appointment to spare her the “indignity” of being grilled by politicians as what her predecessor – the late SC chief justice Renato Corona – had to endure.

Corona was impeached in 2012 for reportedly failing to publicly declare certain assets in his statement of assets, liabilities and net worth (SALN), which is also among the issues thrown against Sereno.

Vice President Leni Robredo criticized Calida over the quo warranto petition, saying only an impeachment proceeding can remove top officials such as the Chief Justice.

“We know that this is against the Constitution. There are many decisions of Supreme Court from before saying this is not allowed. But they are still trying different ways to remove her,” Robredo said in Filipino.

“For me, let’s just trust the Senate since it will be the impeachment court. Let the evidence – whether against the Chief Justice or in support, her defense – let it be heard by the institution that has the right to try it,” she added.

The SC has directed Sereno and the Judicial and Bar Council to respond to Calida’s petition.

Robredo lamented the continuing attacks against the top magistrate, claiming that the integrity of the Court has been affected by the situation.

“More than anything else, it is the judicial (branch) that has been shaken. It is important in a democracy, which says that we need to have strong institutions. It should not have been affected by politics or intrigue. There should be full trust in it,” she said.

Presidential legal counsel Salvador Panelo said Calida was merely performing his mandate to file an action against any person who is unlawfully occupying a public office.

“The failure of the Solicitor General to file the said petition will subject him to administrative sanction and criminal liability as such failure is dereliction of duty,” said Panelo.

Meanwhile, Albay Rep. Edcel Lagman yesterday urged the high court to dismiss the petition Calida filed, saying its dismissal would show that the tribunal is impartial.

The opposition congressman said a dismissal “would be an opportunity for concerned justices to show that they are fair, judicious and protective of the Constitution.”           

“This was the tack of Associate Justice Marvic Leonen who singly voted for the outright dismissal of the quo warranto action,” he added.

Lagman noted that Leonen was one of seven justices who led a “mutiny” against Sereno two weeks ago by asking her to resign. Instead, the Chief Justice agreed to go on an indefinite leave to prepare for her expected Senate impeachment trial.

He argued that under the Rules of Court, a quo warranto complaint could be filed within one year from the time an official is appointed or assumes office. Calida’s petition, he said, is already five years late.

An opposition congressman, who requested anonymity, said some officials in the SC office of the court administrator and the Philippine Judges Association are urging judiciary personnel to protest against Sereno.

These people are also reportedly asking judges to sign a manifesto calling for Sereno’s resignation. – With Janvic Mateo, Jess Diaz

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