Just a day after Solicitor General Jose Calida petitioned the Supreme Court to hoist quo warranto action on Chief Justice Maria Lourdes Sereno, Associate Justice Marvic Leonen said it would be better to junk the petition outright.
The petition is an attempt to force Sereno to step down in a separate action from the ongoing impeachment hearing being conducted at the House of Representatives.
Quo warranto is a legal proceeding challenging an individual’s right to hold an office or governmental privilege.
Calida’s move in effect challenges Sereno’s qualification to hold the position of Chief Justice.
The high court en banc ruled Tuesday to give Sereno the opportunity to comment on the petition.
According to Atty. Theodore Te, the Supreme Court Spokesman, “The court, without giving due course to the petition, required the respondent to submit her comment on the petition quo warranto within a period of 10 days from receipt of notice.”
Only Justice Leonen dissented, arguing instead that the petition be dismissed outright.
Meanwhile the Supreme Court also junked a petition by Atty. Oliver Lozano to nullify Sereno’s appointment to her position, on grounds that Lozano failed to satisfactorily substantiate his petition.
