Quo warranto case vs. Sereno not in conflict with impeach proceedings, Umali says

The quo warranto petition challenging the validity of Chief Justice Maria Lourdes Sereno's appointment to the helm of the Supreme Court is not in conflict with the impeachment proceedings against her at the House of Representatives, the chair of the House Committee on Justice said on Monday.

In an interview with reporters, Mindoro Oriental Representative Reynaldo Umali said the quo warranto case that Solicitor General Jose Calida filed before the Supreme Court was different from the impeachment process in terms of application.

"Ang impeachment kasi presupposes a valid appointment, while the quo warranto questions the qualification of an officer, and that is well within the jurisdiction of the Supreme Court through a quo warranto proceedings," Umali said.

"That is a separate mode," he added.

Calida on Monday filed a petition for quo warranto before the Supreme Court, challenging Sereno's appointment due to her alleged failure to submit all of her Statements of Assets, Liabilities and Net Worth during her application for the post.

He said this violates the eligibility requirement of integrity for the position of Chief Justice.

Umali, himself a lawyer, said the quo warranto petition is constitutional even if it is used to question the validity of the appointment of an impeachable officer.

"Kasi iba yung jurisdiction ng quo warranto. Quo warranto presumes that the appointed official is not qualified to be appointed, or was not qualified to be appointed. So kung yung issue on qualification, that is not covered by impeachment," he said.

Umali said that while the Constitution does not specifically state the requirements that Sereno may have failed to comply with, it is still part of the rules of the Judicial and Bar Council (JBC) as regards applications for the top magistrate position.

"It's within the rules of the JBC and the rules of the JBC forms part of the law of the land," he said.

This means that Sereno may still have failed to meet the qualifications for chief justice, Umali said.

"It is well within the rule-making power as provided under the Constitution for JBC to impose such rule. And when you fail to qualify in that, then you are disqualified," he added.

The JBC, he added, may add qualifications and requirements in the application for chief justice not found in the Constitution "for as long as it's not unconstitutional."

Sereno is currently on "indefinite leave" from her duties in the Supreme Court, citing as reason her preparation for the looming impeachment trial in the Senate.

The House justice panel is expected to vote on the probable cause on the complaint against Sereno on Thursday.

Umali, however, admitted on Sunday that they are already drafting the articles of impeachment against Sereno. —NB, GMA News