Calida cites Erap-GMA case to justify Sereno’s removal by her peers
Solicitor General Jose Calida told the 15-man High Tribunal that it may assume jurisdiction over the quo warranto petition despite Chief Justice Ma. Lourdes Sereno’s claim that she could only be removed through impeachment.
Calida cited the case of Estrada vs. Macapagal-Arroyo where the Court exercised its jurisdiction over the quo warranto petition filed by former President Joseph Estrada against his successor.
“The ruling made a full determination of the issue of whether it can oust the President who is an impeachable official, or find that she was unlawfully holding office…,” Calida said.
Calida said Sereno was not fit to hold the top judicial post for her failure to comply with the requirements as provided under the law.
He said the offenses that may warrant the filing of a quo warranto petition are different from the offenses that would warrant the filing of an impeachment complaint.
“A quo warranto ousts a public officer on the ground of ineligibility or failing to meet the qualifications for such public office, at the time of his appointment, while impeachment removes a validly appointed or elected impeachable officer upon conviction of any of the impeachable offenses committed while in office,” Calida said. (PNA)