We, the Caucus of Development NGO Networks (CODE-NGO), the largest coalition of civil society organizations in the country, condemns the Supreme Court’s granting of the quo warranto petition filed by Solicitor General Jose Calida to oust Chief Justice Maria Lourdes Sereno.

A quo warranto proceeding – Latin for “by what authority” – is a legal remedy designed to resolve a dispute over whether a specific person has the legal right to hold the public office that s/he occupies. It is used to test a person’s legal right to hold an office, not to evaluate the person’s performance in the office.

The quo warranto petition filed by Calida is erroneous from the beginning, as heads of constitutional offices, such as the Supreme Court, may only be removed in office by impeachment. Further, the rules of court procedures provide that a petition for quo warranto must be filed within one year from the date of appointment of the justice. Chief Justice Sereno was appointed in 2012. Furthermore, for quo warranto to prosper, the justice should have failed to qualify for appointment. Calida’s basis for filing the petition is CJ Sereno’s failure to file 10 SALNs. However, submission of documentary requirements such as SALN is not among the Constitutional requirements for the justice’s qualification. The Judicial Bar Council in 2012 also indicated that Sereno, as well as the other candidates at that time who have similarly failed to submit complete SALNs, have nonetheless substantially complied with the requirement. As such, the quo warranto proceeding therefore clearly violates the Constitution.

In its act of granting the quo warranto petition, the Supreme Court has compromised its integrity and judicial independence as the court of last resort. More than that, the act has undermined the rule of law and the public’s trust in the primacy of the Constitution. This act reveals that the Supreme Court is capable of defending an erroneous petition and of usurping the power of Congress to remove an impeachable officer. This decision post threat to other dissenters that would allow for healthy dialogue and to other institutions that provide check-and-balance functions that are vital in a democracy.

We therefore call on the members of the Supreme Court who voted to grant the quo warranto petition to reconsider their votes.

We call on the Senate to speak out on upholding the Constitution and the checks and balances in government and to stand up to its sole prerogative as an impeachment court and its jurisdiction over impeachable officers.

We call on our members and the public to intensify vigilance and continue promoting truth, justice and democracy in the country. The power of the people must prevail.

Defend Democracy! Defend the Constitution!