Known Marcos loyalist and lawyer Oliver Lozano asked the Supreme Court on Friday to nullify motu proprio the appointment of Chief Justice Maria Lourdes Sereno.
“We respectfully pray that the Honorable Court en banc, motu proprio (on its own), declare void the appointment of Chief Justice Maria Lourdes Sereno accordingly in the paramount interest of Public Welfare,” Lozano said in his petition.
Lozano said the impeachment hearing at the House of Representatives and the question on Sereno’s qualification “have caused deep division and dissension in the Bench and Bar.”
“To end forthwith the divisive, disastrous and internationally ignominious controversy; and, thus, preserve the integrity of the judiciary and public faith in the justice system, we respectfully submit that the activists and revered Supreme Court can, under its inherent and plenary powers, promptly rule motu proprio, upon the validity of Chief Justice Sereno’s appointment. The verdict will also preserve the independence of the Judiciary from Congress,” Lozano added.
Lozano is the second lawyer who wants a shortcut in removing Sereno from her post.
Last Feb. 21, suspended lawyer Eligio Mallari, calling Sereno a ‘de facto’ Chief Justice asked Solicitor General Jose Calida to initiate a quo warranto proceeding against her.
Under Rule 66 of the Rules of Court, a quo warranto proceeding is an action by the government against a person who unlawfully holds a public office or holds a position which he or she is not qualified. It is also an action initiated against an association acting as a corporation absent of any lawful authority.
Mallari said Sereno has no legal right to such position after she failed to submit the requirements in application for the chief justice post before the Judicial and Bar Council (JBC). /muf