Tuesday 14 August, 2018
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Pwede pa ring matanggal! Ex-SC Justice Nachura: Quo warranto petition vs. Sereno valid

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For retired Supreme Court associate justice Antonio Eduardo Nachura, Chief Justice Ma. Lourdes Sereno can be legally removed via quo warranto.

Nachura stressed the high court was empowered under the Constitution to determine the validity of an appointment in a quo warranto proceeding.

Nachura added the issue in quo warranto was not centered on removal from office but of a determination if there was a valid appointment.

“Quo warranto, which is a mode of determining a public officer’s valid appointment, is not a cause for removal simply because in such a proceeding, there is no validly appointed public officer to be removed in the first place,” he said.

Nachura also rebutted the claim of fellow retired SC justice Vicente Mendoza that quo warranto proceedings under Rules 66 of the Rules of Court can be filed only within one year upon assumption to office.

He clarified that the SC, in its long line of cases, ruled that Quo Warranto can be filed within “one year upon the time of discovery.”

“Ang normal na interpretation to file Quo Warranto proceedings ay one year from the time it was discovered and not from the act of committing. How can you file a case kung naitago nga hung public officer,” Nachura stressed.

It was pointed out that the high court, has time and again, ruled that prescription cannot be invoked against the Republic of the Philippines. #

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