San Beda Lawyer Shares Brilliant Comments on the Quo Warranto Case Against CJ Sereno


Veteran San Beda lawyer and a prominent social media personality, Atty. Bruce Villafuerte Rivera shared a brilliant comments on the controversial Quo Warranto Case filed against Chief Justice Maria Lourdes Sereno.


According to Atty. Bruce Rivera as a lawyer never really aspired to be a magistrate because of too much moral requirement for him but the arguments presented by CJ Sereno that the SALN is not a document to prove integrity.



The San Beda lawyer's position is simple, in instances where the qualification is something positie like good faith, good reputation and integrity, the proof is the absence of the opposite.

There is no such thing a presumption of integrity. While there is a presumption of sanity, virginity and virility where the one alleging insanity, de-virginity or impotence has to prove its existence, integrity has to be proven.

Atty. Rivera also summarizes the two main issues in the Quo Warranto petition, First, that Sereno has lied about so many things including her SALN.

Second, can the quo warranto be used against an impeachable officer? The answer is NO. But remember, if an impeachable office failed to qualify, such officer will not be covered by the mantle of removal only by impeachment because such appointment is void ab initio.



Here's the Complete Statement of Atty. Bruce Rivera:

ON THE QUO WARRANTO
By Atty Bruce V. Rivera

As a lawyer, I have never really aspired to be a magistrate. It is too much moral requirement for me. Independence, probity and integrity are very heavy words to live by. My pictures alone will disqualify me.

Future ex-CJ Sereno argues that the SALN is not a document to prove integrity. Justice de Castro says it is. Some go to the middle ground and say it is a tool to determine integrity.

My position is simple. In instances where the qualification is something positive like good faith, good reputation and integrity, the proof is the absence of the opposite. There is no such thing a presumption of integrity. While there is a presumption of sanity, virginity and virility where the one alleging insanity, de-virginity or impotence has to prove its existence, integrity has to be proven.

There are two issues here:

First, that Sereno has lied about so many things including her SALN. Even good faith cannot be a defense because Corona was impeached despite his claim that there was good faith on his part. The SALN is a statement of what you own. Is it normal for lawyers like me to hide my assets from prying eyes? Yes. But I am not applying for Chief Justice.

When she applied to be Chief Magistrate, she was held at a higher standard. Does it excuse her because the JBC lowered the criteria? No. The JBC does not have the constitutional permission to define integrity as semi-integrity or quasi-integrity. Integrity is the absence of any attribute that pertains to lack of integrity. A lie is a lie, excused or unexcused.

Would it be a reason to excuse her because other applicants also failed to fully comply with the SALN requirement? Again, it is NOT. The others who did not comply did not become Chief Justice. But she did.

Second, can the quo warranto be used against an impeachable officer? The answer is NO. But remember, if an impeachable office failed to qualify, such officer will not be covered by the mantle of removal only by impeachment because such appointment is void ab initio. Again, we can only impeach Sereno if she qualified to be Chief Justice.

The Sereno row has opened up a can of worms. Either she become a stateswoman and resign or fight it out and be the reason for a tattered judiciary.

Source: Atty. Bruce Rivera FB Page


San Beda Lawyer Shares Brilliant Comments on the Quo Warranto Case Against CJ Sereno San Beda Lawyer Shares Brilliant Comments on the Quo Warranto Case Against CJ Sereno Reviewed by Phil Newsome on 4/11/2018 Rating: 5

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