Malacanang said on Friday it is up to Congress whether Chief Justice Maria Lourdes Sereno will remain as the chief magistrate.

"We leave fate of the CJ (Chief Justice) to Congress," said Presidential Spokesperson Harry Roque in a text message to reporters.

Sereno is facing impeachment in the House of Representatives for allegedly failing to submit her statements of assets, liabilities and net worth to the Judicial and Bar Council when she applied as the chief magistrate in 2012, among others.

Leyte Rep. Vicente Veloso, vice-chairman of the House Committee on Justice, said Sereno could be considered a "de facto" chief justice only and President Rodrigo Duterte could remove her from her post for failure to substantially comply with the JBC requirements.

Associate Justice Diosdado Peralta, head of the JBC when it was searching for a new chief magistrate, said he only learned about Sereno's failure to substantially comply with the required SALNs now.

Sereno was able to submit only to the JBC her SALNs covering 2009, 2010 and 2011. She could not locate her SALNs when she was still teaching at the University of the Philippines and informed the then JBC through a letter.

Sereno's impeachment lawyer accused Peralta of washing his hands when he claimed of not being aware on the chief magistrate's SALNs.

Jojo Lacanilao, one of Sereno's spokespersons, has said the fact that the Chief Justice was included in the JBC shortlist, Peralta found her documentary submissions complete and compliant with the rules.

Former President Benigno Aquino III appointed Sereno as chief justice. If she is not impeached, she could be the longest or one of the longest chief justices to serve the country as she will retire in 2030. Celerina Monte/DMS