Ousted Chief Justice Maria Lourdes Sereno on Wednesday asked the Supreme Court to reverse its decision disqualifying her as the top magistrate on May 11, saying it had no jurisdiction to remove her from office.
She said only Congress could remove her from office through impeachment as mandated by the Constitution.
In a 205-page motion, Sereno asked the 15-member bench to reconsider its decision ousting her as chief justice when it found merit on the quo warranto petition filed by Solicitor General Jose Calida seeking to nullify her appointment in 2012.
Sereno also sought the reversal of the decision of Associate Justices Teresita Leonardo-de Castro, Diosdado Peralta, Lucas Bersamin, Francis Jardeleza, Noel Tijam and Samuel Martirez not to inhibit in the case.
Sereno on Wednesday also described as “illegal” the tax investigation being conducted against her by the Bureau of Internal Revenue, saying it was part of the “persecution” being waged against her by the Duterte administration.
“This is a clear message to everybody: You don’t mess with this administration because we will file charges against you, we will have a tax audit and you will have all these kind of difficulties,” Sereno told One News on Tuesday night.
Her statement came after the BIR started inquiring into her tax records, sent her letters demanding that she surrender her books of account and then conducted a preliminary conference.
Sereno said the high court violated her constitutional right to due process and overstepped its power.
“More than its numerous legal and factual errors, the decision proves that in meting out justice, an impartial tribunal is crucial and indispensable. The decision illustrates vividly the dire and far-reaching consequences of a denial of due process,” Sereno said.
She said the high court had no authority to remove her from office because she could only be ousted through impeachment.
“The indisputable intent of the Constitution is that impeachable officers, save for the President and Vice President, can be removed from office only by impeachment,” Sereno said.
She said the issue on her statements of assets, liabilities and net worth could not be the basis for judging that she lacked integrity and dishonesty.
“This Honorable Court erred in ruling that the Respondent ‘chronically failed to file her SALNs… The filing per se of a SALN neither proves nor negates a person’s integrity,” Sereno said.