MANILA, Philippines — Solicitor General Jose Calida has been ordered to file his reply to Chief Justice Maria Lourdes Sereno's comment on his petition seeking the nullification of the latter's appointment to the Supreme Court.
Sitting as full court on Tuesday, the high court directed Calida to submit his reply on Sereno's comment within five days from receipt of notice.
Sereno, in her 77-page comment filed on Monday, asserted that the 1987 Constitution provides that the chief justice can only be removed through impeachment. She said that the SC has no jurisdiction over her removal from position.
READ: Sereno asks SC to junk quo warrnato plea for lack of merit
Calida has sought the ouster of Sereno through a petition for quo warranto proceeding.
He said that Sereno "flunked the test of integrity when she failed to file more or less 10 Statement of Assets, Liabilities and Net Worth (when she applied for chief justice in 2012)."
But Sereno, in her comment, stressed before the court that the Judicial and Bar Council relaxed the SALN requirement for all applicants.
READ: Sereno: SALN requirement relaxed for other chief justice applicants
She said that JBC waived the submission of all SALNs as a requirement for all applicants that year, who are Associate Justices Roberto Abad, Arturo Brion, Teresita De Castro, Senior Associate Justice Antonio Carpio, Deans Raul Pangalangan and Amado Valdez, and Rep. Ronaldo Zamora (San Juan City).
This is Calida's main ground for his petition for quo warranto petition.
During the House of Representatives hearing on the impeachment case against Sereno, JBC executive officer Annaliza Capacite also said that "an attempt to comply on the council's SALN requirement would suffice.
READ: Magistrates say Sereno's inclusion on chief justice shortlist an 'injustice'
She explained that the application then—which was for the post vacated by the late Chief Justice Renato Corona who was impeached—was only open for ten days.
Sereno, who is also facing an impeachment complaint at the House, has been on leave from her office since March 1.