(Eagle News)–A former Supreme Court justice believes impeachable officials can be subjected to quo warranto proceedings.
Former Associate Justice Antonio Eduardo Nachura said the remedy “can be used to question the right of a public officer to continue holding a public office if there is an irregularity in the title to the public office.”
Nachura’s position runs contrary to the position of Chief Justice Maria Lourdes Sereno, who faces a quo warranto case, she can only be removed via impeachment.
But Nachura, without commenting on the merits of Sereno’s case, said that in the first place, it was wrong to say the quo warranto petition was aimed at removing any government official.
He said if a government official was found to hold an invalid position, “he is not to be removed — it is as if there was no valid appointment in the very first place.”
On Tuesday, April 10, the Supreme Court held oral arguments on the quo warranto petition filed by Solicitor General Jose Calida against Sereno.
Sereno underwent tense questioning from her colleagues, five of whom she earlier asked to inhibit.
The SC, however, denied her motion for this.