THE SUPREME COURT (SC) en banc upheld on Tuesday its landmark May 11 decision to grant the quo warranto petition seeking to void Maria Lourdes P. A. Sereno’s appointment as Chief Justice, thereby dismissing with finality her reversal plea.
According to lawyer Theodore O. Te, the high court’s spokesperson, the SC maintained its landmark 8-6 ruling which favored the quo warranto petition by Solicitor-General Jose C. Calida.
The petition accused Ms. Sereno of lacking integrity for not completely submitting her Statements of Assets, Liabilities, and Net Worth (SALN) to the Judicial and Bar Council (JBC) as a requirement for the post.
Mr. Te also noted: “[T]he 90-day period for filling the vacancy in the Office of Chief Justice commences today, 19 June 2018,” in accordance with Article VIII, Section 4, Paragraph 1 of the 1987 Constitution.
Ms. Sereno, addressing supporters at the University of the Philippines in Diliman minutes after the SC’s announcement, called the petition “unjust” and her “ouster a call to action for all of us.”
She also accused President Rodrigo R. Duterte of ordering his government’s lawyer, Mr. Calida, to file the quo warranto petition.
When asked what Ms. Sereno’s next move would be, lawyer Anacleto A. Lacanilao III, her spokesperson, said she would “vacate her office and continue to be the voice of the people.”
Mr. Calida told reporters he was happy with the SC’s dismissal, saying, “This is a triumph of justice.”
Ms. Sereno’s motion for reconsideration urged the court to reverse the decision as it allegedly violated her right to due process when six of her peers refused to inhabit themselves despite allegedly showing impartiality towards her.
The six Ms. Sereno cited were Associate Justices Diosdado M. Peralta, Teresita L. De Castro, Francis H. Jardeleza, Lucas P. Bersamin, Samuel R. Martires, and Noel G. Tijam, the author of the original May 11 decision.
Several opposition politicians slammed the SC’s decision, with Vice President Maria Leonor “Leni” G. Robredo saying in a statement released also on Tuesday, “Today, eight members of the highest court in the land cemented into jurisprudence a ruling widely decried — within and outside the legal profession — as unjust, both in its substance as well as the manner in which it was reached.”
Presidential Spokesperson Harry L. Roque, Jr. said in part: “Tapos na po ang pagiging chief justice ni [Maria Lourdes] Sereno (Ms. Sereno’s position as chief justice is over). We wish her good luck in her everyday life as a private citizen.”
In his statement on Tuesday, Speaker Pantaleon D. Alvarez said “The Supreme Court ruling has also rendered moot and academic the impeachment proceedings against Sereno at the House of Representatives. As a consequence, we would now have to consign such proceedings to our archives.”
Majority Leader Rodolfo C. Fariñas of the House of Representatives said in a message to reporters: “The Rules Committee will recommend to Plenary for the dismissal of the Impeachment Case against then Chief Justice Maria Lourdes Sereno for being moot and academic since she is no longer a public officer subject to impeachment proceedings. Without any impeachable officer, there can be no impeachment proceedings.”
Former Senate president Aquilino L. Pimentel III said the resolution to express the sense of the Senate on the quo warranto case can still be adopted.
“‘Sense of the Senate’ reso simply states the sense of the Senate on a certain matter. It is not meant for any other purpose. Hence, it can be passed anytime depending on the sense of the majority,” Mr. Pimentel said.
Senator Panfilo M. Lacson, who earlier questioned the merits of that resolution, said it can still be taken to the plenary upon the resumption of sessions in July.
“While it is obvious that the SC’s final ruling on the petition for quo warranto has rendered the draft resolution moot, academic and without purpose, still, its disposition is something that we as a collegial body will have to vote upon when the 3rd regular session of the 17th Congress opens in July,” Mr. Lacson said. — Dane Angelo M. Enerio with Arjay L. Balinbin and Charmaine A. Tadalan
