Quo warranto can be used vs. impeachable officials, says ex-SC justice

A former justice of the Supreme Court believes that the process of quo warranto can be used to question the right of a public officer, even an impeachable official, to continue holding public office in case of possible irregularity.

"A remedy such as quo warranto should be made available against everybody...even against impeachable officials," former associate justice Antonio Nachura told reporters on Wednesday.

However, he made his statement without commenting on whether or not the Supreme Court can assume jurisdiction over the petition for quo warranto brought by Solicitor General Jose Calida against Chief Justice Maria Lourdes Sereno.

"It can be used to question the right of a public officer to continue holding a public office if there is an irregularity in the title to the public office," Nachura said.

He said it was "incorrect" to refer to the outcome of a quo warranto process as a "removal" from office. If a public officer is found to hold an invalid title, he said "he is not to be removed — it is as if there was no valid appointment in  the very first place."

Calida has asked the Supreme Court to void Sereno's appointment due to what he alleged was a lack of integrity.

He accuses Sereno of not fully disclosing her wealth, but invoking jurisprudence, Sereno claimed she has consistently filed her Statements of Assets, Liabilities, and Net Worth.

She has asked her colleagues in the high tribunal to junk Calida's petition, insisting that she can only be removed from office through the process of impeachment.

The high court held on Tuesday oral arguments regarding Calida's petition. —KBK, GMA News