Setting a precedent

The law is what the Supreme Court says it is, and the high tribunal must not take this responsibility lightly. Every decision of the SC sets a precedent that can be applied to similar cases in the future.

This week the high tribunal is expected to decide on an unprecedented petition that seeks to unseat the chief justice merely by a vote of her peers. Several of the SC justices have openly resented the promotion of the second most junior member of the tribunal to the post of chief magistrate. But no SC justice has heeded calls to inhibit from deliberations on a quo warranto petition seeking the ouster of Maria Lourdes Sereno.

The petition was filed by the government’s chief lawyer, who argues that Sereno’s appointment was void from the start. Sereno also faces ouster efforts before Congress, this time through the constitutional process of impeachment. While the super majority in the House of Representatives is expected to vote for Sereno’s removal, her conviction after trial by the Senate is uncertain.

The chief justice is one of only a handful of government officials led by the president who are specifically mentioned in the Constitution as impeachable public servants. Because these officials hold such sensitive posts, the Constitution was crafted to insulate them from arbitrary and whimsical efforts to remove them from office.

Concerns have been raised that the quo warranto petition will circumvent and undermine the constitutional process. If the solicitor general can move for the speedy ouster of the chief justice, there are also valid concerns that it will undermine the independence of the judiciary, which is weak enough as it is.

Speculative reports indicate that the SC justices are unfazed and are set to vote for the ouster of Sereno. Once this mode of removing a chief justice succeeds, there is no stopping the next administrations from doing the same thing. In deciding on the quo warranto petition, SC justices must rise above their personal concerns and decide with the best interest of the nation in mind.