SC affirms Sereno ouster
The Supreme Court (SC) declared final on Tuesday its May 11 decision that ousted Maria Lourdes P. A. Sereno as Chief Justice and head of the judiciary.
During its full court session, the SC – in the same 8-6 vote mustered in the May 11 decision – denied the motion for reconsideration filed by Sereno. Under the rules, a second motion for reconsideration is a prohibited pleading.
With the finality of the ruling, the SC ruled that no further pleadings will be entertained in the case and an entry of judgment will be issued immediately.
The finality of the ruling also paved the way for the Judicial and Bar Council (JBC) – the constitutionally mandated office that accepts, screens, and nominates appointments to the
judiciary – to now accept applications and nominations to the Chief Justice post.
President Duterte has 90 days from June 19 to appoint Sereno’s replacement from the list of nominees that would be submitted by the JBC.
A summary of the resolution given by the SC’s public information office (PIO) to journalists stated:
“The Supreme Court En Banc, during its session today (June 19), in the matter of G.R. No. 237428 (Republic of the Philippines, represented by Solicitor General Jose C. Calida v. Maria Lourdes P. A. Sereno), Denied with Finality respondent’s Motion for Reconsideration of the Court’s May 11, 2018 Decision.
“For purposes of Article VIII, Section 4, Para. 1 (of the Constitution), the 90-day period for filling the vacancy in the Office of Chief Justice commences today, 19 June 2018.”
Last May 11, eight of the 14 SC justices voted to oust Sereno as Chief Justice and head of judiciary for her failure to comply with the JBC’s requirement of filing 10year statements of assets, liabilities and networth (SALNs) when she applied for the Chief Justice post in 2012. Six justices dissented.
The decision stated that Sereno’s failure to submit her SALNs meant “her integrity was not established at the time of her application” and thus she was ineligible to hold her position.
“Wherefore, the petition for quo warranto (filed by Solicitor General Jose C. Calida) is granted. Respondent Maria Lourdes P. A. Sereno is found disqualified from and his hereby adjudged guilty of unlawfully holding and exercising the office of the Chief Justice. Accordingly, respondent Maria Lourdes P. A. Sereno is ousted and excluded therefrom,” the SC ruled.
At the same time, the decision required Sereno “to show cause within ten days from receipt hereof why she should not be sanctioned for violating the Code of Professional Responsibility and the Code of Judicial Conduct for transgressing the sub judice rule and for casting aspersions and ill motives to the members of the Supreme Court.” The SC has yet to act on the pleading filed by Sereno on the show cause order.
The decision was written by Justice Noel G. Tijam. The seven other magistrates who concurred were Justices Teresita J. Leonardo de Castro, Diosdado M. Peralta, Lucas P. Bersamin, Francis H. Jardeleza, Samuel R. Martires, Andres B. Reyes Jr., and Alexander G. Gesmundo.
Those who voted to deny the quo warranto petition were Acting Chief Justice Carpio and Justices Presbitero J. Velasco Jr., Mariano C. del Castillo, Estela M. Perlas Bernabe, Marvic Mario Victor F. Leonen, and Alfredo Benjamin s. Caguio.
On the issue of whether or not quo warranto is the proper remedy to challenge Sereno’s appointment as Chief Justice, the voting was 9-5. Justices Velasco, De Castro, Peralta, Bersamin, Jardeleza, Martires, Tijam, Reyes Jr., and Gesmundo voted that quo warranto is the proper remedy.
Justices Carpio, Del Castillo, Perlas Bernabe, Leonen, and Caguio voted against. To them, impeachment is the proper remedy.
On the issue of whether or not Sereno violated the Constitution for her failure to file her SALNs, Carpio, De Castro, Peralta, Bersamin, Jardeleza, Martirez, Tijam, Reyes Jr., and Gesmundo voted that there was a violation.
A copy of the resolution that denied Sereno’s motion was not immediately available.
But sources said some of the portions of the resolutions are:
“In sum, respondent has not presented any convincing ground that would merit a modification or reversal of our May 11, 2018 Decision. At the risk of being repetitive, respondent, at the time of her application, lacked proof of integrity on account of her failure to file a substantial number of SALNs and also, her failure to submit the required SALNs to the JBC during her application to the position…”
‘Dark moment’ for PH
Vice President Leni Robredo expressed her disappointment over the SC decision denying Sereno’s motion for reconsideration, calling it as a “dark moment” for the nation as well as to the Filipinos who assert the rule of law.
“Many of us will, without doubt, feel rage or grief – or perhaps a mixture of both – at the finality of this thrust into the heart of our Constitutional system,” she said.
The Vice President lamented the public may feel that "justice is well and truly dead, with the Constitution nonchalantly cast aside by those who should have been its foremost guardians.”
Bayan Muna Party-List Rep. Carlos Zarate echoed Robredo’s comment.
“This is a dark page in the Supreme Court's history. We can see here that the Supreme Court has become compromised and that it won't be a surprise if we see it kowtows to the whims of those in Malacañang in the future,” Zarate said in Filipino.
“This thing that we call the ‘rule of justice’ has fallen by the wayside. And we can't blame the people if they think the Supreme Court, the judiciary, can no longer dispense justice,” he added.
Whether they like it or not, the public must respect decision of the Supreme Court, Malacañang said.
“Like it or hate it, we have to succumb to the decision of the Supreme Court. That is now a final and executory decision,” Presidential spokesman Harry Roque said during a press conference in Cotabato City.
“Tapos na ang pagiging Chief Justice ni Meilou (her nickname) Sereno. We wish her good luck in her everyday life as a private citizen,” he added.
“The Supreme Court ruling has also rendered moot and academic the impeachment proceedings against Sereno at the House of Representatives,” Speaker Pantaleon Alvarez said.
“As a consequence, we would now have to consign such proceedings to our archives,” he added. (With reports from Raymund F. Antonio, Ellson A. Quismorio, Genalyn D. Kabiling, and Ben R. Rosario)