SERENO’S OUSTER: WHAT WILL FOLLOW

Chief Justice Ma. Lourdes Sereno who was removed by the high tribunal in an 8-6 vote Friday (May 11), faces bleak prospects. What are the legal options for the Supreme Court’s first woman chief justice? Will the feared consequences happen?

What may happen:

MOTION FOR RECONSIDERATION. Sereno can file a motion for reconsideration, a move that her lawyer already announced. But it’s highly unlikely that the vote will change except by divine or Malacañang intervention.

INTERVENTION BY HOUSE AND/OR SENATE. The House may send up the articles of impeachment but it may be unwise, for lawmakers out to get Sereno’s head, to give her another lease on her career and a forum (the Senate trial) where to vent her grievance. The SC itself ruled that Congress has a “parallel jurisdiction” with the court. One theory is that the Senate might acquire jurisdiction and hold the trial.

Feared consequences:

CONSTITUTIONAL CRISIS. Intervention by Congress, in the wake of the Sereno ruling, is unlikely but possible, according to constitutional law teacher Dan Gatmaytan. Because of individual and partisan reasons, the Senate may not have enough members who want to intervene in the controversy and may view the SC quo warranto ruling as a way out for them. The dreaded constitutional crisis may not come.

DELUGE OF QUO WARRANTO CASES. The quo warranto is controlled by the president, through his solicitor general. He wouldn’t be so “manic” as to use it indiscriminately. Only a few ones maybe, those who can’t be pressured into resigning, or tough to impeach, such as the Commission on Human Rights chief.

PUBLIC DISTRUST IN SC. The justices who voted for Sereno’s ouster won’t be in the “most admired list” and the poll rating of the high court may slide further. But it’s doubtful if it can turn into public wrath that will shake Malacañang.