IBP invokes Cuenco vs. Fernan case in seeking reversal of Sereno’s ouster
The Integrated Bar of the Philippines, when it filed its motion for reconsideration in the Supreme Court ruling ousting Ma. Lourdes Sereno, has used as basis in its motion numerous jurisprudence most notably the Cuenco vs. Fernan case.
The IBP noted that in Cuenco vs. Fernan, the SC ruled that associate justices and the chief justice can only be removed from their respective posts by way of impeachment and removal by any other pretense would “circumvent”” and run afoul of the mandate of the Constitution.
It was also the same contention of Sereno’s camp that she could only be unseated from her post through impeachment and the former has repeatedly said she is prepared to face the Senate sitting as the impeachment court to try and decide on the allegations raised by lawyer Larry Gadon in her impeachment complaint.
Just last week, the IBP asked SC to reverse and set aside its controversial May 11 ruling granting the quo warranto petition of Solicitor General Jose Calida ousting Sereno from her post as Chief Justice.