SC upholds ouster of Sereno

“The Supreme Court En Banc, during its session today, in the matter of G.R. No. 237428 (Republic of the Philippines, represented by Solicitor General Jose C. Calida v. Maria Lourdes P. A. Sereno), denied with finality respondent’s Motion for Reconsideration of the Court’s May 11, 2018 Decision,” Te told reporters. (PNA photo)

MANILA — The Supreme Court on Tuesday upheld its decision granting the quo warranto petition which ousted Ma. Lourdes Sereno from the Chief Justice post.

This was announced by SC Spokesman Theodore Te in a press briefing after the High Court’s en banc session.

Te said the High Court denied with finality the motion for reconsideration filed by Sereno, who is the first top magistrate to be removed from office through quo warranto proceedings.

“The Supreme Court En Banc, during its session today, in the matter of G.R. No. 237428 (Republic of the Philippines, represented by Solicitor General Jose C. Calida v. Maria Lourdes P. A. Sereno), denied with finality respondent’s Motion for Reconsideration of the Court’s May 11, 2018 Decision,” Te told reporters.

According to Te, the voting stayed at 8-6 in favor of the quo warranto case against Sereno last May 11.

Those who voted to grant the quo warranto petition against Sereno were Associate Justices Teresita Leonardo-de Castro, Diosdado Peralta, Lucas Bersamin, Francis Jardeleza, Samuel Martires, Andres Reyes Jr., Alexander Gesmundo, and Noel Tijam who penned the Court’s decision.

Meanwhile, those who dissented were Senior Associate Justice Antonio Carpio and Associate Justices Presbitero Velasco, Mariano Del Castillo, Estela Perlas-Bernabe, Marvic Leonen and Alfredo Benjamin Caguioa.

In its decision, the SC majority ruled that Sereno’s failure to submit her SALNs as law professor at the University of the Philippines would mean “her integrity was not established at the time of her application,” making her ineligible to hold her position.

In his quo warranto petiton, Solicitor General Jose Calida sought the nullification of Sereno’s appointment as Chief Justice over her alleged failure to file her Statements of Assets, Liabilities, and Net Worth (SALNs) for several years from 1986 to 2006 when she was a professor at the UP College of Law.

It was found out that aside from her SALNs for the years 2006, 2009, 2010, and 2011, which she submitted in her applications for Associate Justice and Chief Justice, Sereno only filed SALNs for the years 1998, 2002, and 2006 during her tenure as law professor at the UP College of Law from 1986 up to 2006.

Search for new Chief Justice starts

Te also announced that the Judicial Bar and Council (JBC) can now begin the nomination process for a new Chief Justice.

“With for purposes of Article VIII, Section 4, paragraph 1, the 90-day period for filling the vacancy in the Office of Chief Justice commences today, 19 June 2018,” Te added.

The JBC is constitutionally mandated to screen applicants to the Judiciary and top Ombudsman positions.

It is currently chaired by Senior Associate Justice, now acting Chief Justice Antonio Carpio, with ex-officio members Justice Secretary Menardo Guevarra, Senator Richard Gordon, and Oriental Mindoro Rep. Reynaldo Umali. Its regular members include retired Supreme Court Associate Justice Jose Catral Mendoza, representing the justices and chairperson of the JBC Executive Committee, Atty. Jose Mejia, representing the Academe, Atty. Milagros Fernan-Cayosa, representing the Integrated Bar of the Philippines, and retired Judge Toribio Ilao, representing the private sector.

From the time of vacancy, the President has 90 days to appoint the next Chief Justice.