Back to work: CJ presiding over quo warranto session
Chief Justice Maria Lourdes Sereno has returned to her office after taking an indefinite leave as fellow magistrates in the Supreme Court (SC) are set to decide on her fate tomorrow.
The embattled SC chief yesterday reported back to work for the first time since March 1 when she took a leave of absence upon decision by her colleagues in the high court.
She arrived at her office along Padre Faura Street at around 7:30 a.m. and left after three hours to attend a speaking engagement.
Lawyer Carlo Cruz, one of the spokespersons for Sereno, said the Chief Justice decided to return to the SC after completing her preparations for the impeachment trial in the Senate, which is expected to follow once the House of Representatives resumes session next week and approves the impeachment charges against her.
“Now that the purpose of her leave of absence has been served, the Chief Justice will resume performing her constitutional mandate and discharging her responsibilities as head of the judiciary,” he told reporters.
“She is ready to face her accusers in the Senate, sitting as an impeachment court, to defend herself and tell the Filipino people the other side of the story: the truth,” Cruz stressed.
The lawyer explained that Sereno has the right to return to work even if her taking indefinite leave was a collegial decision of the SC.
He cited the opinion of retired SC justice Vicente Mendoza that preventing the SC chief from resuming her post “would bring about a constitutional crisis and upset the balance of power in government.”
Cruz also explained there is no need for Sereno to seek permission from the SC to perform her duties as Chief Justice.
He said Sereno only has an administrative duty to inform the SC about the termination of her indefinite leave.
“She is here, up until all the process is complete. Resignation has never been an option. She will not resign. She is fighting for what she has always maintained as the right thing. She is fighting for the truth and for the Constitution,” the spokesman pointed out.
Cruz further revealed that since Sereno is back at the high court, she would preside over the special session tomorrow where the justices are expected to rule on the quo warranto petition filed by Solicitor General Jose Calida.
“She will inhibit herself from the deliberations of the magistrates in accordance with the Code for Judicial Conduct and out of delicadeza. She will observe the rule on inhibition,” Cruz explained, adding that he believes there is nothing wrong with Sereno presiding over the session.
“This quo warranto petition may not be the only item on the agenda. If and when it is discussed, then she will inhibit herself. But with respect to the other matters that may be included in the agenda, she would preside over these,” he said.
Separation of powers
Malacañang yesterday distanced itself from Sereno’s move to go back to work after taking wellness leave since the SC started looking into the quo warranto petition filed against her.
The executive department recognizes judicial independence, according to presidential spokesman Harry Roque Jr.
“The executive recognizes judicial independence and respects the separation of powers of the three branches of government, including a functioning judiciary,” he said.
“The decision of Chief Justice Maria Lourdes Sereno to end her indefinite leave and the reported ruling of the quo warranto petition against the Chief Justice are internal matters to the high court,” Roque said.
‘Bad precedent’
Meanwhile, Vice President Leni Robredo yesterday reiterated her support for Sereno, maintaining that the quo warranto case filed against her has set a bad precedent.
Robredo said she would not be afraid of voicing out her sentiments on things which she thinks are wrong.
“We should not let events like (quo warranto case) to prevent us from doing what we’ve been fighting for. Because if we’ll be threatened, we can’t do anything. To me, one thing is clear: if it needs our support, we will support it, but if we think it’s wrong, we should not hesitate to let our voices be heard,” Robredo said when asked by reporters in Bacolod City whether she was threatened by the apparent attack by the administration against women leaders.
“If (the SC justices) grant the quo warranto, would that mean that from this time on, all other impeachable officers can be removed via quo warranto? Because it’s like a deviation from what has long been accepted,” she added.
Robredo said impeachable officials, including the President, Vice President, heads of the constitutional commission, members of the SC and the ombudsman may only be removed from office through impeachment.
Last Monday, the Vice President rallied Filipinos to oppose the quo warranto petition against Sereno.
“The quo warranto case against the Chief Justice is not just her fight; it is our fight. Whatever the Supreme Court decides now will form part of our nation’s laws and will have an impact on all of us moving forward,” Robredo said in a forum on the Philippine justice system at the University of the Philippines-Diliman.
“The quo warranto case of Sereno, should it succeed, can be the final blow to the ideal of justice we all depend on,” she added.
Robredo said the quo warranto petition “weaponizes the courts” and can be used as “a weapon of intimidation to kill dissent.”
No more impeachment trial
Oriental Mindoro Rep. Reynaldo Umali, chairman of the House of Representatives committee on justice, believes there is no more need for them to impeach Sereno because she will be removed by her colleagues via the quo warranto petition.
“That’s what I think. That’s my reading also on the situation, basing it from an earlier action taken by the Supreme Court, where the court en banc voted 13-0 on her going on leave,” Umali predicted.
“I think the numbers will no longer differ so much. If they differ, I guess it’s just about one or two changing votes and siding with the Chief Justice,” said the senior administration lawmaker who presided over Sereno’s impeachment at the House.
Umali based his opinion on the SC justices’ consensus for Sereno to take an indefinite leave last March.
For Magdalo party-list group Rep. Gary Alejano, the quo warranto petition could lead to the weakening of the democratic institutions in the country like the SC, stressing that the removal of a sitting justice is an exclusive power of Congress through impeachment.
“This is very sad. Let us stand against any move to weaken the country’s democratic institutions,” the former Marine captain said.