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MANILA, Philippines – The Supreme Court stood firm in its decision to deny the Attorney General’s (OSG) request for access to Associate Justice Marvic Leonen’s Assets, Liabilities and Net Worth (SALN) disclosures.
“The Court denied the Motion for Reconsideration dated October 22, 2020 presented by the Attorney General’s Office, praying that: the resolution dated September 15, 2020 be reconsidered and annulled and a new resolution issued granting the letter from GSO- requests … seeking copies of SALNs and / or supporting documents and information, ”said the superior court.
The OSG wants access to the SALN of Leone to initiate a petition quo warranto, similar to the former president of the Supreme Court Maria Lourdes Sereno. Sereno was the first constitutional official to be removed from office without an impeachment proceeding.
A quo warranto is a challenge to the qualification of an official for a particular position.
Section 11 of Rule 77 of the Rules of the Court establishes that the action (presentation of the petition quo warranto) will begin within one year of the person taking possession.
However, a Supreme Court judge under the law can only be removed by impeachment.
In his dissenting opinion two years ago, Leonen said, “even if the Chief Justice has failed to meet our expectations, quo warranto, as a process to remove an accused officer and acting member of the Supreme Court, it is an abomination. legal”.
Leonen said granting Attorney General José Cálida’s request for quo warranto, thus removing Sereno from his post, could open the floodgates to similar movements against others in the judiciary.
“We make this Court subordinate to an aggressive Attorney General. We make dissenting opinion makers unnecessarily vulnerable to powerful interests, ”Leonen said in his 2018 dissenting opinion on the ruling that removed Sereno from office.
Leonen served in various positions at UP, including as Vice President of Legal Affairs and Dean of the Law School.
He left UP in 2010 to become the government’s top peace negotiator with the Moro Islamic Liberation Front.
He was appointed to the Supreme Court in 2012.
Leonen, along with judges Alfredo Benjamin Caguiao and Estela Perlas Bernabe, are the only ones named by Aquino left in the 15-member SC. He is a constant dissident in several cases.
The rest were appointed by President Duterte. [ac]
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