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Republic of the Philippines vs. Sereno [CONCURRING AND DISSENTING OPINION, VELASCO, JR., J.]

REPUBLIC of the PHILIPPINES, represented by SOLICITOR GENERAL JOSE C. CALIDA, Petitioner, vs. MARIA LOURDES P.A. SERENO Respondent. Present: SERENO, C.J.,* CARPIO, VELASCO, JR., LEONARDO-DE CASTRO, PERALTA, BERSAMIN, DEL CASTILLO, PERLAS-BERNABE, LEONEN, JARDELEZA, CAGUIOA, MARTIRES, TIJAM, REYES, JR., and GESMUNDO, JJ.

G.R. No. 237428 | 2018-05-11

CONCURRING AND DISSENTING OPINION

VELASCO, JR., J.:

I share the view that the remedy of quo warranto is available to unseat, in the extreme, even an impeachable officer. This submission, however, should be assayed against the backdrop where the respondent's eligibility and qualifications have been passed upon by the Judicial and Bar Council (JBC) before she was nominated. As her nomination, which is matter of public record, has not been timely challenged, much less nullified, the JBC's fmdings on her eligibility and qualification should be respected.

Quo Warranto is available even against impeachable officers

Section 2,...