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Ousted CJ Sereno: ‘I won’

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FILE: Chief Justice Maria Lourdes Sereno (Photo: http://sc.judiciary.gov.ph/)

FILE: Chief Justice Maria Lourdes Sereno (Photo: Supreme Court of the Philippines)

 

Facing her supporters flocked in front of the Supreme Court (SC), ousted Chief Justice Maria Lourdes Sereno maintained that she had won her battle, despite being removed from her post by her own colleagues.

She stressed that there were only two magistrates— not eight — who have voted to oust her from office since the six other justices who granted the quo warranto petition against her should have inhibited from voting.

“Walo po ang dapat lamang bumoto sa kaso ng quo warranto dahil ang anim ay dapat nag-inhibit ayon sa rules of compulsory inhibition. Kaya kung tutuusin, panalo po tayo (Only eight should have voted on the quo warranto because the other six should have inhibited based on the rules of compulsory inhibition. In fact, we won),” Sereno told her supporters on Friday, May 11.

“Anim po sa natitirang walo ang nagsabing hindi ako dapat alisin. Dalawa lamang po ang bumoto na ako ay dapat alisin. Ngunit ayaw mag-inhibit ang dapat mag-inhibit. (Six of the remaining eight justices said that I should not be removed. Only two of them voted to oust me. But those who should have inhibited did not inhibit themselves),” she added.

In its special en banc session, the high court voted 8-6, granting the quo warranto petition which sought to remove Sereno from her post as head of the judiciary. The plea, filed by Solicitor General Jose Calida on March 5, accused Sereno of failing to comply with all the requirements needed to be chief justice when she was not able to submit her complete Statements of Assets Liabilities and Net Worth (SALN) to the Judicial and Bar Council (JBC).

The eight justices who voted in favor of the petition were Associate Justices Teresita Leonardo-De Castro, Diosdado Peralta, Lucas Bersamin, Francis Jardeleza, Samuel Martires, Noel Tijam, Andres Reyes Jr., and Alexander Gesmundo.

Meanwhile, the six dissenters were Senior Associate Justice Antonio Carpio and Associate Justices Presbitero Velasco Jr., Perlas Bernabe, Mariano Del Castillo, Marvic Leonen, and Benjamin Caguioa.

Despite the high tribunal’s ruling, Sereno stressed that she would continue to defend democracy.

“Inaalis ako sa pwesto ngunit ang anim na boto na ako ay dapat manatili ay patunay na tama ang aking paninindigan. Ito po ay una sa ating kasaysayan na inalis ng mayorya ng Korte Suprema ang isa sa kanilang kasamahan (I was ousted from the post but the six votes that I should I remain in office proved that I’m right with my resolve. This is the first time in our history that the majority of the Supreme Court ousted their colleague),” she noted.

Sereno added that the Senate had been denied the right to fulfill its constitutional duty and that the SC destroyed the judiciary.

“Ayon sa iskolar na si Raoul Berger, tanging impeachment lamang ang paraan upang patalsikin ang mahistrado ng Korte Suprema ‘pagkat kailangan ding ipagtanggol ang independensya ng mga mahistrado sa isa’t isa (According to scholar Raoul Berger, impeachment is the only way to remove a magistrate of the Supreme Court because the independence of the magistrates must be defended from one another),” Sereno uttered.

“Kung hindi, kayang-kayang tanggalin ng barkadahan ang sino man, sa ano mang rason, basta nasa kanila ang sapat na boto. Ganoon na nga po ang nangyari — tahasang naging tagahusga ang anim na mahistrado na bahagi ng mga taga-akusa sa akin (If not, a troupe can remove anyone, for whatever reason, as long as they have enough votes. That is what happened — the six magistrates who are part of my accusers became the judge),” she continued.

Under Article 11, Section 2 of the 1987 Constitution, members of the high tribunal “may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.”

The quo warranto petition is provided under Rule 66 of the Rules of Court that may be filed by an individual against “a person who usurps, intrudes into, or unlawfully holds or exercises a public office, position or franchise.”

The former chief justice, in her speech, thanked her supporters — mostly clad in white and violet shirts — for coming to her defense.

“Alam ko pong nalulungkot kayo sa pangyayaring ito. Kung kaya ko lang punasan ang inyong nga luha ay gagawin ko po. Nais ko pong yakapin at pasalamatan ang bawat isa sa inyo (I know that you were saddened by this decision. If I can only wipe your tears, I will do it. I want to embrace all of you and thank each of you),” Sereno said.

“Binigay niyo rin po ang inyong puso at paniniwala sa akin, at dahil dito ay habang-buhay akong tumitingala ng pagkakautang ko sa inyo. Taos-puso akong nagpapasalamat sa inyong suporta at paninindigan (You also gave your hearts and trust to me, and because of this, I will forever be indebted to you. I sincerely thank you for your support and determination),” she added.

Maitaining her composure, Sereno urged the public to be more vigilant in this time of darkness and build a movement that will continue to defend justice.

“Ang araw na ito ay hindi katapusan, kundi simula lamang. Sa araw na ito, lipunin nating ang ating tapang at iparinig ang ating nagkakaisang tinig (This day will not be the end, but this is just the beginning. From this day, let us all pluck up our courage and let our one voice to be heard),” she stressed.

“Isantabi muna natin ang ating pagkakaiba dahil may mas malaki, malakas na kalaban na kailangan nating lahat harapin (Let us set aside our differences because there is a big and strong enemy that we all have to face),” she continued.

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