Palace: Quo warranto petition vs Sereno ‘unprecedented’

Presidential Spokesperson Atty. Harry Roque holds a press briefing for the Malacañang Press Corps (MPC) at the New Executive Building in Malacañang on March 5, 2018.

(Eagle News) — Presidential Spokesperson Harry Roque said that the move of Solicitor General Jose Calida to remove Chief Justice Maria Lourdes Sereno as Supreme Court’s top magistrate was ‘unprecedented’.

“While the normal rule is that impeachable officers can only be removed through impeachment, the petitioners who, I believe, are fully cognizant of this doctrine, probably feel that under the circumstance, the general rule should not be applicable,” Roque said in a press briefing on Monday, March 5, commenting on the ‘quo warranto’ petition filed by Calida before the Supreme Court against Sereno.

The petition filed by the top state lawyer before SC on Monday questions Sereno’s qualifications for the position of chief justice and argues that she is ‘unlawfully’ holding her post in the high tribunal.

Roque said Malacañang will leave the matter to the decision of the Supreme Court.

“That’s now within the jurisdiction of the Supreme Court. It would be a contumacious act if we speculate on how the SC will decide either way. So let’s stop there,” the Palace spokesperson said.

“So let’s wait for the decision of the Supreme Court,” he added.

Roque also said Malacañang will stand by to its constitutional duty to enforce the SC decision “whatever it may be.”

The spokesperson also maintained that Palace will leave to Congress to determine whether there are enough grounds to impeach Sereno.

The embattled chief justice is now on an indefinite leave after 13 of the justices arrived at a consensus that she does so, with Senior Associate Justice Antonio Carpio named as Acting Chief Justice.