The high court on Friday, May 11, ruled to oust Maria Lourdes Sereno as the country’s top magistrate.
Voting 8-6 in a special en banc session, the Supreme Court (SC) granted the quo warranto petition filed by Solicitor General Jose Calida, seeking to invalidate Sereno’s appointment as chief justice in 2012.
“Respondent Maria Lourdes P.A. Sereno is hereby adjudged guilty of unlawfully holding and exercising the Office of the Chief Justice. Accordingly, respondent Maria Lourdes P.A. Sereno is ousted and excluded therefrom,” the SC’s decision read.
This ruling, according to Te, is “immediately executory without need for further action.” The SC also declared the Chief Justice post vacant and directed the Judicial and Bar Council (JBC) to open the application and nomination process for the post.
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.
While Sereno appeared at the session, she recused herself from deliberations on the quo warranto petition.
This is the first time in the history of the Philippines’ High Tribunal that a head of the judiciary would be removed through a quo warranto plea.
Sereno’s spokesperson, Jose Deinla, admitted that their camp was not surprised by the result of the voting.
“Hindi rin namin ikinagulat iyong luamabas na boto sa en banc kasi matagal na namin nababalitaan, umuugong iyong mga numero na yari na raw ang decision ng ating mahistrado (We were not surprised by the outcome of the voting in the en banc because we have heard before that the high court has a final decision already),” Deinla told GMA’s News To Go.
The lawyer, however, stressed that they are “seriously considering filing a motion for reconsideration considering that the fight was a very close call.”
Calida’s petition, filed on March 5, accused Sereno of failure to comply with all the requirements needed to be chief justice when she did not submit all of her Statements of Assets Liabilities and Net Worth (SALN) to the JBC, the body that screens and shortlists applicants for judicial positions, including the Chief Justice.
Sereno, however, had contested the validity of the plea, saying that she could only be removed from her office through impeachment proceedings at the legislature.
On April 10, the SC held an hours-long oral argument on the case at the SC Session Hall in Baguio City.
Sereno earlier asked but failed to convince her six colleagues, who she claimed has shown bias to her, to inhibit from the hearing. They were Peralta, De Castro, Bersamin, Tijam, Jardeleza, and Martires.
The country’s 24th top magistrate is the second chief justice to be ousted from office after Renato Corona who was ousted in 2012. He was found guilty of betraying public trust and committing culpable violation of the Constitution.
Prior to her impeachment, Sereno was supposed to stay in her post until she reached the retirement age of 70.