The Philippine government's legal counsel has asked the Supreme Court to expel the chief justice for not declaring her assets in a new attempt to remove the nation's judicial leader. Chief Justice Maria Lourdes Sereno went on leave from the court last week because she expects to be impeached in the House of Representatives. She says she can only be removed by conviction in an impeachment trial.
, FILE - In this Aug. 28, 2014 file photo, Philippine Supreme Court Chief Justice Maria Lourdes Sereno gestures while speaking to reporters in Manila, Philippines. The Philippine government's legal counsel has asked Supreme Court justices to expel their chief justice for allegedly failing to publicly declare her assets as required by law in a new attempt to remove the highest judicial leader the president has wanted to be expelled. Solicitor General Jose Calida accused Chief Justice Maria Lourdes Sereno Monday, March 5, 2018, of failing to file her annual statement of assets and liabilities 10 times in the past in what he added was a blow to her integrity that all justices should have as required by the Constitution.(AP Photo/Aaron Favila, File)
05 of March 2018 09:26:48
MANILA, Philippines (AP) — The Philippine government's legal counsel asked the Supreme Court on Monday to expel the chief justice for allegedly not declaring her assets, in a new attempt to remove the nation's judicial leader.
Chief Justice Maria Lourdes Sereno, who President Rodrigo Duterte has long wanted to be removed, went on leave from the 15-member court last week. That move came after 13 of her colleagues, including some who have publicly criticized her, forged a consensus that she should take an indefinite leave amid an impeachment attempt against her in the House of Representatives.
The House, which is dominated by Duterte's allies, is expected to impeach her this month based on several allegations filed by a lawyer, including her failure to file her annual statements of assets and liabilities as required by law. If she's impeached, the Senate will turn itself into an impeachment court for her trial.
Sereno and her lawyers have said she could be removed only if convicted in the impeachment trial.
"They are horribly wrong," Solicitor General Jose Calida said at a news conference.
Calida filed a petition before the Supreme Court justices questioning Sereno's eligibility for her position after she allegedly failed to file the required annual statement of assets and liabilities 10 times.
"The constitution insists that a member of the judiciary must be a person of proven competence, integrity, probity and independence," Calida told reporters. "Unfortunately, for respondent Sereno, she flunked the test of integrity when she failed to file more or less 10 SALNs."
In the petition, Calida said the Judicial Bar Council, which recommends candidates for chief justice to the president, recommended Sereno for the office despite her failure to submit her asset declarations between 1986 and 2006, when she served as a professor in the College of Law at the state-run University of the Philippines.
A report to the Judicial Bar Council mistakenly reported Sereno has complete requirements, and that misled the council into including her in the final list of candidates for chief justice, the petition said.
Sereno has declared all her income and paid the corresponding taxes, her spokesman said.
An opposition congressman, Edcel Lagman, said Calida deliberately filed the government petition against Sereno before the Supreme Court, where several of her colleagues have shown hostility against her, when he could also go to lower courts. He added that the time required to file such a petition against Sereno may have lapsed.
Lagman said at least seven justices who have been trying to have Sereno removed should inhibit themselves from voting in the new government petition against her.
Sereno's spokesman, Jojo Lacanilao, said she has not committed any wrongdoing and "did not do anything that can amount to an impeachable offense" and looks forward to the trial, where her defense attorneys could confront her accusers.
Last year, Duterte said he wanted Sereno and a top anti-graft prosecutor impeached and accused them of allowing themselves to be used to discredit his administration.
International rights groups and local critics have accused Duterte of drifting toward authoritarianism after declaring martial law in the south. He has overseen a drug war marked by thousands of killings of mostly poor suspects and has publicly threatened his opponents.