Quo warranto petition against Maria Lourdes Sereno
Republic of the Philippines v. Maria Lourdes Sereno | |
---|---|
court of first instance[2] | |
Subsequent action(s) | |
Related action(s) | Estela Perlas Bernabe, Marvic Leonen, Francis Jardeleza, Alfredo Benjamin Caguioa, Samuel Martires, Noel Tijam, Andres Reyes Jr., Alexander Gesmundo |
Concurrence | Justices de Castro, Peralta, Bersamin, Jardeleza, Martires, Reyes, and Gesmundo |
Concur/dissent | Justices Velasco Jr., del Castillo |
Dissent | Justices Carpio, Bernabe, Leonen, Caguioa |
The quo warranto petition against Maria Lourdes Sereno, filed before the
Sereno had faced criticism from the administration of President
Background
Concurrent impeachment process
During Maria Lourdes Sereno's
The main argument for her impeachment was that Sereno allegedly failed to declare her
On March 8, the
Quo warranto petitions
A quo warranto petition was, before the appointment of
In the Philippines, though, the process has evolved, in a way that many, including former
Quo warranto petitions, when successful, do not "remove" someone from office—they declare the very appointment itself
Timeline
Filing
After an impeachment process against Sereno began, a quo warranto petition seeking to void Sereno's appointment as Chief Justice was filed on March 5, 2018, by
Calida justified the filing by saying that her "peers"[note 6] know both her, and the Constitution, best, so are better placed to decide than Congress would be.[10][28] Calida, who also said that former Chief Justice Renato Corona was "unjustly" impeached, told Sereno that he was being "kind" to her by saving her from the "indignity" of an impeachment trial.[28] Sereno challenged the petition, insisting that the only legal way to remove her from her post was via impeachment.[22] One hundred forty Filipino law professors, including the deans of major schools like the UPCL and the Lyceum of the Philippines University College of Law, called for the impeachment trial to be the deciding factor and not the quo warranto petition.[22][29]
The petition claims that despite having been employed at the University of the Philippines College of Law (UPCL) from November 1986 to June 1, 2006, Sereno's SALN records at the UPD
Sereno takes leave
Following the impeachment process filed against her, Sereno took an indefinite leave on March 1, 2018, but said she would not resign.[30][31] Senior Associate Justice Antonio Carpio served as Acting Chief Justice, a post which he also previously served in during the transition between Corona's impeachment and the appointment of Sereno.[32] She ended her leave on May 9, 2018.[33] Sereno's spokesperson and lawyer Jojo Lacanilao denied in an ANC interview that Sereno was forced to go on leave.[34] Oriental Mindoro Representative Rey Umali, however, urged Sereno to resign.[35]
Duterte, annoyed at the portrayal of the petition and questions about his possible involvement in it, declared himself Sereno's "enemy" on April 9.[8] Duterte also criticized the slow speed of the impeachment process in Congress, citing it as the reason for his administration's quo warranto petition.[36][note 7]
Oral argument
Oral argument took place in the case on April 10, 2018.
Ruling
Deciding on the quo warranto petition en banc,[6] the Supreme Court justices voted to nullify Sereno's appointment on May 11, 2018, by a vote of 8–6,[3][40] making Sereno the first constitutional officer in the Philippines to be ousted from office without an impeachment trial.[41]
Majority opinion
The majority opinion was written by Justice
The Court ruled that impeachment is not the exclusive legal remedy by which the legitimacy of exercise of power may be challenged. The Court ruled that so severe was Sereno's failure to declare her assets that she has no integrity. As integrity is an enumerated requirement of Article VIII of the Constitution, she was therefore, by the Court's logic, never eligible once it was destroyed at the time of her not filing her SALNs.[3]
Dissenting opinions
Senior Associate Justice Antonio Carpio voted against the quo warranto petition, but nevertheless wrote in his dissenting opinion that her "repeated non-filing of SALNs" constitutes "a culpable violation of the Constitution and betrayal of public trust, which are grounds for impeachment under the Constitution".[42]
Associate Justice Marvic Leonen, in his dissenting opinion, called the petition "a legal abomination" that should have been dismissed. He expressed disfavor in removing an impeachable official through a quo warranto petition, writing: "We render this Court subservient to an aggressive Solicitor General. We render those who present dissenting opinions unnecessarily vulnerable to powerful interests."[43][44]
In his dissent, Associate Justice Alfredo Benjamin Caguioa, wrote that the majority had allowed the executive to take a "[less traveled] prohibited road". In Caguioa's view, the inability of the Court to resolve matters within its own walls is a disservice to the institution and its individual members. He colorfully opined that the Court had committed a suicide as gruesome as any seppuku, but with none of the honor typically associated with it in Japanese culture.[45]
Motion for reconsideration
Sereno was given the right to file a motion for reconsideration against the Supreme Court's decision to nullify her appointment as Chief Justice, which she did, on May 31, 2018.[46]
The Supreme Court denied with finality Sereno's motion for reconsideration for "lack of merit" on June 19, 2018, in an 8–6 decision, with no justices changing their vote.[40]
Administrative case
In its original ruling, the Court demanded Sereno submit a brief defending herself against alleged violations of the ethical code Philippine attorneys agree to, which is set by the Supreme Court.[3][47]
On July 17, 2018, the Court ruled that she had breached the sub judice rule[note 8] when she spoke to the media and gave speeches about cases which were not yet decided, including her own case, while still sitting as Chief Justice, which it reprimanded her for, in lieu of disbarment or suspension from the Integrated Bar of the Philippines.[48][47]
Reactions
In the Philippines
The petitioner, Solicitor General Jose Calida, stated: "The Supreme Court decision ousting Maria Lourdes Sereno augurs well for the country, as it preserves the stability and integrity of the Judiciary. This decision is the epitome of its exercise of judicial independence."[49]
Senator Antonio Trillanes said that the Supreme Court majority had committed a "heinous crime against our justice system" which had "killed the Constitution".[13] Senators Sonny Angara, Bam Aquino and Francis Pangilinan joined him in condemning the ruling.[13]
International
The New York-based
Aftermath
Effect on the Court
Opposition lawmakers of the Congress filed an impeachment complaint on August 23, 2018, against 7 Associate Justices who voted for the quo warranto petition based on the grounds of culpable violation of the Constitution and betrayal of public trust.[51]
Justice Antonio Carpio, the most
On August 25, Teresita de Castro, who only had two months left to serve in office, was appointed by president Rodrigo Duterte as the new Chief Justice[53] after being included on a list of candidates by the Judicial and Bar Council a day prior.[54] Her role as one of the five sitting justices who sought to nullify the appointment of Sereno as Chief Justice was also seen as a reason for the appointment.[53][55] The appointment was criticized as, due to her age, she was obligated to retire on October 10, 2018—as she did, after only 44 days as the 24th Chief Justice.[5][56] Justice Lucas Bersamin took her place on November 28.[57]
Effect on the law
As a landmark case, Republic v. Sereno established a new avenue for decisive, rapid action by the Supreme Court before lower courts had weighed in, expanding the Supreme Court's mandate and making it in more cases simultaneously a
See also
Footnotes
Notes
- ^ Sometimes also titled Republic of the Philippines v. Maria Lourdes Sereno.
- ^ Sometimes rendered as "by whose authority?", although quo literally means "where" or "why".
- associate dean of the Polytechnic University of the Philippines College of Law.
- ^ As of 2011, dean of the San Beda University College of Law. See Rex G. Rico (November 24, 2011). "Value of a non-lawyer's opinion on purely legal issues". Philippine Daily Inquirer. Retrieved June 9, 2020.
- Spanish rule, but as in England, this ancient legal principle is understood there to refer to actions taken by the government in the name of the Republic for the public good.
- ^ In the Philippines, the chief justice is primus inter pares, officially equal to the other justices.
- ^ Duterte: Now this time, I'm asking the congressmen and the Speaker: Do it now. Wag ninyong dramahin. [Cut it out with the drama.] Or else, I will do it for you. Ngayon makialam talaga ako. [Now I'm getting involved.] I am asking Congress, what's taking you too long? [...] I will not hesitate to do what is to the best interest of my country. If it calls for your [Sereno's] forced removal, I will do it.
- ^ For the text of the rule, see: Adopting the New Code of Judicial Conduct for the Philippine Judiciary, A.M. No. 03-05-01-SC, Canon 3 (Supreme Court of the Philippines).
References
- ^ a b c d Cabato, Regine (June 20, 2018). "Lawyers: Supreme Court cases with tiebreaking Sereno vote can be questioned". CNN Philippines. Archived from the original on June 29, 2018. Retrieved June 9, 2020.
- ^ Lopez, Tony (February 21, 2020). "Why a quo warranto?". Manila Standard.
- ^ a b c d e f "Republic of the Philippines, represented by Solicitor General Jose C. Calida vs. Maria Lourdes P. A. Sereno (G.R. No. 237428)" (PDF). Supreme Court of the Philippines. May 11, 2018. Archived from the original (PDF) on June 20, 2018. Retrieved May 11, 2018.
- ^ Manglinong, Dan (May 14, 2018). "Justice Leonen tweets hope after notable dissent to Sereno's ouster". Interaksyon. Retrieved June 9, 2020.
- ^ a b c Artemio Panganiban (March 1, 2020). "Quo warranto on ABS-CBN (Part 2: Answers)". Philippine Daily Inquirer. Retrieved June 9, 2020.
- ^ a b Canlas, Jomar (May 11, 2018). "Chief Justice Sereno ousted". The Manila Times. Retrieved May 11, 2018.
- ^ a b c d Cupin, Bea (August 30, 2017). "25 lawmakers endorse impeachment complaint vs Sereno". Rappler. Retrieved June 9, 2020.
- ^ a b Eimor P. Santos (May 10, 2018). "Unseating Sereno: A tale of two ousters". CNN Philippines. Archived from the original on May 14, 2018. Retrieved June 9, 2020.
- ^ a b c Jose Calida (March 5, 2018). "Republic represented by Solicitor General Calida v. Sereno—Petition for Quo Warranto" (PDF). Office of the Solicitor General. Retrieved June 9, 2020 – via The Filipino Channel (ABS-CBN).
- ^ a b c Buan, Lian (March 6, 2018). "Calida petitions Supreme Court to remove Sereno". Rappler. Retrieved June 9, 2020.
- ^ "Philippine chief justice Sereno, Duterte's critic, removed". Al Jazeera. May 11, 2018. Retrieved June 9, 2020.
- ISSN 0099-9660. Retrieved June 9, 2020.
- ^ a b c "Senators react on Sereno ouster; petitioners hail "historic victory"". UNTV News and Rescue. Archived from the original on May 12, 2018. Retrieved May 12, 2018.
- ^ a b c d Cepeda, Mara (April 11, 2018). "Alvarez wants House to impeach Sereno in May". Rappler. Retrieved June 9, 2020.
- ^ Punay, Edu (May 31, 2018). "Sereno appeals ouster from Supreme Court". The Philippine Star. Retrieved June 9, 2020.
- ^ a b Gavilan, Jodesz (February 1, 2019). "Who is Larry Gadon, the man behind one Sereno impeachment complaint?". Rappler. Retrieved June 9, 2020.
- ^ Buan, Lian (February 21, 2018). "SC en banc wants Sereno to explain missing SALNs". Rappler. Retrieved June 9, 2020.
- ^ "House justice panel finds probable cause to impeach Sereno". Philippine Daily Inquirer.
- California Attorney General's Office. p. 1.
- ^ Mack, William; Hale, William Benjamin (1920). Corpus Juris: Being a Complete and Systematic Statement of the Whole Body of the Law as Embodied in and Developed by All Reported Decisions. Vol. 20. New York: American Law Book Company. p. 210.
- ISBN 978-971-23-3252-4.
- ^ a b c Nagrimas, Nicole Ann (May 10, 2018). "Law profs say quo warranto vs. Sereno unconstitutional". GMA News. Retrieved May 11, 2018.
- ^ a b Aquino, Ranhilio (April 13, 2018). "Much ado about quo warranto". Manila Standard. Retrieved June 9, 2020.
- ^ 2010 Rules of the Presidential Electoral Tribunal (Resolution AM 10-04-29-SC, Rule 16). Supreme Court of the Philippines. May 4, 2010. p. 12.
- ^ Panaligan, Rey (March 20, 2018). "High Court orders SolGen to reply to Sereno comment on quo warranto petition". Manila Bulletin. Retrieved June 11, 2020.
- ^ Roxas, Pathricia Ann V. (March 5, 2018). "7 justices must inhibit from Calida's SC ouster plea vs Sereno — Lagman". Philippine Daily Inquirer. Retrieved June 11, 2020.
- ^ Cruz, Tonyo (April 9, 2018). "A briefer on Quo Warranto". Manila Bulletin. Retrieved June 11, 2020.
- ^ GMA News via Facebook.
- ^ Hofilena, Hector; et al. (May 10, 2018). "A Call for Adherence to Constitutional Process". The Philippine Star. p. 11. Retrieved June 9, 2018 – via PressReader. (Free version.)
- ^ "Sereno asserts 'indefinite leave is not a resignation'". ABS-CBN News.
- ^ "Sereno to go on 'indefinite leave'". ABS-CBN News.
- ^ Punay, Edu (May 12, 2018). "The dissent:'Sereno liable but must be impeached'". The Philippine Star. Retrieved May 12, 2018.
- ^ Requejo, Rey (May 10, 2018). "Sereno returns to work, faces SC ouster decision". Manila Standard. Retrieved May 10, 2018.
- ^ "Was Sereno forced to take a leave from the Supreme Court?". ABS-CBN News.
- ^ "Umali to Sereno: Do country a favor and resign". ABS-CBN News.
- ^ "Du30 bumanat na rin kay Sereno" [Duterte, also, attacks Sereno]. Philippine Daily Inquirer. Bandera (in Tagalog and English). April 9, 2018. Retrieved June 9, 2020.
- ^ Leonen, Julius N. (April 10, 2018). "LIVE: SC oral arguments on ouster plea vs Sereno". Philippine Daily Inquirer. Retrieved June 14, 2020.
- ^ a b "SC ends oral arguments on quo warranto plea vs Sereno". ABS-CBN News. April 10, 2018. Retrieved June 14, 2020.
- ^ Buan, Lian (April 10, 2018). "Sereno faces probing colleagues in a historic first". Rappler. Retrieved June 14, 2020.
- ^ a b Buan, Lian (June 19, 2018). "Voting 8-6, Supreme Court affirms Sereno ouster". Rappler. Retrieved June 9, 2020.
- ^ Torres-Tupas, Tetch (May 11, 2018). "Justices remove Sereno from SC". Philippine Daily Inquirer. Retrieved May 11, 2018.
- ^ "Despite dissent, Carpio says Sereno guilty of impeachable offense". ABS-CBN News. Archived from the original on May 12, 2018. Retrieved May 14, 2018.
- ^ "Fear for democracy after top Philippine judge and government critic removed". The Guardian. May 12, 2018. Retrieved May 13, 2018.
- ^ Morallo, Audrey (May 11, 2018). "Ouster petition vs Sereno a 'legal abomination,' says dissenting justice". The Philippine Star. Retrieved May 14, 2018.
- ^ "Caguioa on Sereno ouster: SC committed suicide without honor". GMA News. May 12, 2018. Retrieved May 14, 2018.
- ^ Morallo, Audrey (May 11, 2018). "After ouster, Sereno can't return to previous associate justice post". The Philippine Star. Retrieved May 14, 2018.
- ^ a b Buan, Lian (July 17, 2018). "Supreme Court reprimands Sereno over quo warranto statements". Rappler. Retrieved June 11, 2020.
- ^ Administrative case re: show cause order in G.R. No. 237428, A.M. No. 18-06-01-SC, Canon 3 (Supreme Court of the Philippines 2018-07-27).
- ^ Punay, Edu (May 12, 2018). "Supreme Court ousts Sereno". The Philippine Star. Retrieved June 9, 2020.
- ^ "Human Rights Watch condemns 'nefarious' Sereno ouster". The Philippine Star.
- ^ Lawmakers to file impeachment complaints against 7 SC justices
- ^ Panaligan, Rey (May 13, 2018). "Carpio assumes SC Chief Justice position". Manila Bulletin. Retrieved May 13, 2018.
- ^ a b "Teresita Leonardo de Castro is new Chief Justice". CNN Philippines. August 25, 2018. Archived from the original on August 25, 2018. Retrieved August 25, 2018.
- ^ Jose Marcell Canlas (August 24, 2018). "3 anti-Sereno justices on Judicial council shortlist for top SC post". The Manila Times. Retrieved June 9, 2020.
- ^ Buan, Lian; Ranada, Pia (August 25, 2018). "Teresita de Castro is new Supreme Court Chief Justice". Rappler. Retrieved June 9, 2020.
- ^ Punay, Edu (October 9, 2018). "Teresita de Castro retiring after less than 2 months as chief justice". The Philippine Star. Retrieved June 9, 2020.
- ^ Patag, Kristine Joy (November 28, 2018). "Bersamin is Duterte's new chief justice". The Philippine Star. Retrieved June 9, 2020.
- ^ Artemio Panganiban (February 23, 2020). "Quo warranto on ABS-CBN (Part 1: Questions)". Philippine Daily Inquirer. Retrieved June 9, 2020.