Sun.Star Pampanga

Is it over for CJ?

- CARLOS LEGASPI JR.

THE en banc decision of the Supreme Court (SC) on the quo warranto case of the Chief Justice was very simple – the Chief Justice is ousted for her failure to meet the “integrity t est .”

The final vote is 8-6 to declare the appointmen­t of the Honorable Ma. Lourdes Sereno as Chief Justice of the Supreme Court by the former administra­tion. The Associate Justices also voted that “quo warranto” is the proper remedy on the case.

The Justices who voted for the ouster were Associate Justices Tijam, De Castro, Bersamin, Peralta, Jardeleza, Martires, Reyes, and Gesmundo.

The others who had posted their dissenting opinions were Associate Justices Bernabe, Caguioa, Velasco, Del Castillo, Leonin and Acting CJ Carpio.

The plea was filed by Duterte’s Solicitor General Jose Calida on March 5. Arguments and testimonie­s were then set from the time to get the informatio­n about the legality of the seat of Sereno as the Philippine’s Chief Just i ce.

Earlier, as the case prospered, the Duterte administra­tion brushed off allegation­s that they have a hand on the petition.

The President, himself, publicly announced that it is the office of the Solicitor General that has found the fault on the appointmen­t of Sereno.

He, the President, has no hand on the pleading.

But much earlier, the President has already said that the Chief Justice should leave her post or face impeachmen­t and other charges on many allegation­s against her.

Anyway, the meat of this article is to see whether it is over for Sereno or could she have other remedies.

First, it is not yet over. There are remedies. However, knowing most legal minds, they would not submit themselves to putting the “law on their own hands.”

They would still fight on the premise of the law. So, the remedy for the use of force or some illegal means would be ruled out. I know CJ Sereno would not be glad to return to office by other means but by the standard of the law.

Secondly, she could be catapulted back to office through legal means. A motion could still be filed for the reconsider­ation of the decision. This is the most legally convenient way for an ousted C J to do.

If her battalion of supporters and the legal army could present legal arguments to counter the opinions of the magic 8, then her motion could overturn the decision but it will be a very long and costly circus.

Third, she could see this as a positive issue for her. She is the first woman Chief Justice to be ousted through a quo warranto plea.

She will be in the pages of all history books in the country. If she is not guilty, then this Magic 8 would bring to their graves the guilt of their mistake.

Sereno could now speak for herself and becomes the best legal educator in the country and even in the word. She will also become an icon of the most oppressed woman in the legal profession. Many titles could be afforded to her if she accepts the ruling. Time will be her judge and most of us might be ashamed of what we speak of her today.

Lastly, the decision might create great crises in our government.

Although, this is a show of separation of powers. But the Executive keeps on saying that they have nothing to do with the plea.

Thus, there is still a very weak argument as to the separation of powers in the Philippine­s. We might become a laughing stuff of other count r i es.

At this point, we continue to pray for peace and sobriety among all the Filipinos. Have mercy on us all.

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