La Salle Professor Lectures Ex-SolGen Florin Hilbay on Rules of Court Regarding Sereno's Case

Veteran La Salle Professor and prominent social media personality Prof. Antonio Contreras lectured former Solicitor General Florin Hilbay, the appointee of former Pres. Aquino and one of CJ Sereno's lawyer about the Rules of Court with regards to Sereno's Quo Warranto case.



Former SolGen Hilbay on saturday said that former Chief Justice Maria Lourdes Sereno has the option to file a quo warranto case against the new Chief Justice of the Supreme Court who will succeed her in office.



Prof. Contreras lambasted and lectured Hilbay for his ignorance of Rule 66 of the Rules of Court, particularly Section 11. Based on the Rules of Court, in Section 11, "nothing contained in this rule shall be construed to authorize an action against a public office unless the same be commenced within one (1) year after the cause of such ouster, or the right of the petitioner to hold such office or position, arose, nor to authorize an action for the next preceding section unless the same be commenced within one (1) year after the entry of the judgment establishing the peititioner's right to the office in question."

Prof. Contreras explained that by the time a new President is sworn in 2022, any possible quo warranto case which Sereno may file against her replacement will have already prescribed.

Here's the Complete Statement of Prof. Antonio Contreras:

Hilbay, a lawyer and a former Solicitor General, is so ignorant of Rule 66 of the Rules of Court, particularly Section 11.

He must be told to read it.



"Section 11. Limitations. — Nothing contained in this Rule shall be construed to authorize an action against a public officer or employee for his ouster from office unless the same be commenced within one (1) year after the cause of such ouster, or the right of the petitioner to hold such office or position, arose, nor to authorize an action for damages in accordance with the provisions of the next preceding section unless the same be commenced within one (1) year after the entry of the judgment establishing the petitioner's right to the office in question."

Thus, by the time a new President is sworn in 2022, any possible quo warranto case which Sereno may file against her replacement will have aldeady prescribed.

Note. Quo warranto prescribes in two ways.

1 year after the cause of the removal of the successor of Sereno arose.

Or 1 year after her right to the post has been denied from her arose.

Both of which will be reckoned from the time the President will appoint her successor.

More importantly, the fact that Hilbay is entertaining this option means he is contradicting himself. Contrary to earlier pronouncements, he now appears to admit that an impeachable official can also be removed by quo warranto, which is what he insinuates when he claims that Sereno can file a quo warranto petition against her successor.

Hilbay should really learn how to shut up more often lest he keeps hurting himself.


La Salle Professor Lectures Ex-SolGen Florin Hilbay on Rules of Court Regarding Sereno's Case La Salle Professor Lectures Ex-SolGen Florin Hilbay on Rules of Court Regarding Sereno's Case Reviewed by Phil Newsome on May 20, 2018 Rating: 5
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