Sereno can file quo warranto vs. next Chief Justice —ex-SolGen

Ousted Chief Justice Maria Lourdes Sereno may use the same legal remedy used against her to unseat the one that President Rodrigo Duterte would eventually choose as her replacement.

Former Solicitor General Florin Hilbay, one of Sereno's lawyers, on Saturday said she has the option to file a quo warranto case against the new chief justice who will succeed her.

He said that would be "one of the many possibilities" that the ousted Supreme Court chief justice can look into if "she truly believes she is unlawfully removed."

On May 13, the High court ousted Sereno in a landmark ruling by granting a pleading that accused her of failing to meet the integrity requirement for members of the judiciary.

Voting 8-6 in a special en banc session, the SC granted Solicitor General Jose Calida's petition for quo warranto, which seeks the invalidation of Sereno's appointment to the country's highest judiciary post in 2012.

Hilbay is Calida's predecessor at the Office of the Solicitor General.

Those who voted against this recourse were Acting Chief Justice Antonio Carpio and Associate Justices Marvic Leonen, Benjamin Caguioa, Estela Perlas Bernabe, Presbitero Velasco Jr., and Mariano Del Castillo.

Hilbay said the ousted chief can file a similar case that ousted her against her successor if "the political environment changes."

"We have to realize na Sereno would have stayed chief justice until 2030 and you have presidential elections in 2022," the former solicitor general said.

"And kung yung bagong presidente sabhin niya na gusto kong itama ang mali at ang basa niya sa kaso ay mali ang Korte Suprema at kung kumampi sa kaniya ang mga mahistrado ... pagdating ng panahon na 'yun we have another interesting situation in the same way itong sitwasyon na ito ay napaka interesting," he added.

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.

Following Sereno's ouster, several lawmakers have already expressed interest to file impeachment cases against her eight SC colleagues who voted for her ouster.

Former Chief Justice Hilario Davide himself shared the same sentiment as these lawmakers. — MDM, GMA News