SC: Quo warranto plea may be used vs prez, VP

MANILA – A quo warranto petition may also be filed against the president and the vice president on the grounds of ineligibility or disloyalty to the country, the Supreme Court said.

The high court cited in its comment – which was part of its decision granting the plea that sought the removal of Maria Lourdes Sereno as Supreme Court chief justice – the Presidential Electoral Tribunal (PET) rules as basis.

“The PET Rules provide that a petition for quo warranto contesting the election of the president or vice president on the ground of ineligibility or disloyalty to the Republic of the Philippines may be filed by any registered voter who has voted in the election concerned within ten days after the proclamation of the winner,” read part of the decision.

“Despite disloyalty to the Republic being a crime against public order defined and penalized under the Penal Code, and thus may likewise be treated as ‘other high crimes’ constituting an impeachable offense, quo warranto as a remedy to remove the erring president or vice president is nevertheless made expressly available,” it read.

A quo warranto proceeding is initiated by the government to remove an unqualified official from their position, as stated under Rule 66 of the Rules of Court.

This applies to any person who “usurps, intrudes into, or unlawfully holds or exercises a public office,” the Rules of Court stated.

On May 11 Supreme Court justices voted 8-6 to oust Sereno as chief justice – a ruling favorable to the quo warranto plea filed by Solicitor General Jose Calida.

Calida questioned the appointment of Sereno – a critic of President Rodrigo Duterte – as chief magistrate for her supposed incomplete submission of statements of assets, liabilities and net worth.

According to the Supreme Court justices, Sereno’s appointment was void from the start./PN

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