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OSG seeks to oust Sereno from her position as CJ on the ground that Sereno failed to show that she is a person of
proven integrity which is an indispensable qualification for membership in the Judiciary under Section 7(3), Article VIII
of the Constitution. According to the OSG, because OSG failed to fulfill the JBC requirement of filing the complete
SALNs, her integrity remains unproven. The failure to submit her SALN, which is a legal obligation, should have
disqualified Sereno from being a candidate; therefore, she has no right to hold the office. Good faith cannot be
considered as a defense since the Anti-Graft and Corrupt Practices Act (RA No. 3019) and Code of Conduct and
Ethical Standards for Public Officials and Employees (RA No. 6713) are special laws and are thus governed by the
concept of malum prohibitum, wherein malice or criminal intent is completely immaterial.

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15 Whether Sereno is a de jure or a de facto officer.

HELD:

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Section 8(1), Article VIII of the Constitution provides that “A Judicial and Bar Council is hereby created under the
supervision of the Supreme Court.” The power of supervision means “overseeing or the authority of an officer to see
to it that the subordinate officers perform their duties.” JBC’s absolute autonomy from the Court as to place its non-
action or improper· actions beyond the latter’s reach is therefore not what the Constitution contemplates. What is
more, the JBC’s duty to recommend or nominate, although calling for the exercise of discretion, is neither absolute
nor unlimited, and is not automatically equivalent to an exercise of policy decision as to place, in wholesale, the JBC
process beyond the scope of the Court’s supervisory and corrective powers. While a certain leeway must be given

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Anent the eleventh issue: Sereno failed to properly and promptly file her SALNs, again in violation of the
Constitutional and statutory requirements    .

Failure to file a truthful, complete and accurate SALN would likewise amount to dishonesty if the same is attended by
malicious intent to conceal the truth or to make false statements. The suspicious circumstances include: 1996 SALN
being accomplished only in 1998; 1998

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of title that confers on him the status of a de facto officer. For lack of a Constitutional qualification, Sereno is ineligible
to hold the position of Chief Justice and is merely holding a colorable right or title thereto. As such, Sereno has never
attained the status of an impeachable official and her removal from the office, other than by impeachment, is justified.
The remedy, therefore, of a quo warranto at the instance of the State is proper to oust Sereno from the appointive
position of Chief Justice. [yourlawyersays]