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Attempts to cut process vs. Sereno must be ‘slain on sight’ —IBP


Only conviction after an impeachment trial can unseat a Chief Justice, and any "artifice or device" to "short-circuit" the process should be "slain on sight," according to the mandatory organization for Philippine lawyers on Friday.

"We express firm belief that conviction after an impeachment trial is the only Constitutionally-recognized mode by which to remove a sitting Chief Justice. The Constitution reigns supreme over all other rules," the Integrated Bar of the Philippines (IBP) said in a statement.

"Any artifice or device intended to solely target the Chief Justice and short-circuit the process would be repugnant to the Constitution, and must be slain on sight if our democratic processes are to be observed," it added.

The IBP's statement comes after Chief Justice Maria Lourdes Sereno took an indefinite leave in order to, as she claimed, prepare for her legal defense at a possible Senate trial.

Announced after the conclusion of House proceedings on the impeachment complaint against her, Sereno's leave of absence has turned out to be the "consensus" of 13 of 15 Supreme Court justices.

The top magistrate has defied resignation calls but may face what her spokespersons have called "extra-constitutional" efforts to remove her from office.

Suspended lawyer Eligio Mallari has asked Solicitor General Jose Calida to initiate quo warranto proceedings to try Sereno's claim to the post.

According to the rules of court, the government can initiate quo warranto proceedings against a person who usurps, intrudes into, or unlawfully holds or exercises a public office; a public person who commits an act that serves as a ground for the forfeiture of the position; or an association which acts as a corporation in the Philippines without being legally incorporated or without lawful authority to act.

Mallari cited Sereno's alleged failure to submit all her Statements of Assets, Liabilites and Net Worth (SALN), a requirement by the Judicial and Bar Council (JBC), when the JBC selected the next Chief Justice in 2012.

Mallari cited Leyte Representative Vicente Veloso, who said that Sereno's appointment could be "void from the beginning."

The IBP insisted on due process for Sereno through the process of impeachment.

Security of tenure, "the bedrock of judicial independence," is meant to "shield judges from the political elements that may have played a role in their appointment to the bench," it said.

"The Supreme Court itself has repeatedly emphasized our Constitution’s built-in bias towards a fearless and an incorruptible judiciary that is prepared to follow the law and to administer it regardless of consequences," it said.

"We breathe life into this prized democratic value by according the Chief Justice due process of law in accordance with the rules governing the difficult process of impeachment," it added.

This will allow the public to decide for themselves if the allegations against Sereno are "artificial" or if they are enough to merit her ouster, the IBP said.

Meanwhile, the IBP welcomed Senior Associate Justice Antonio Carpio's assumption of the post of Acting Chief Justice while Sereno is on indefinite leave, effective Thursday. —Nicole-Anne Lagrimas/NB, GMA News

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