By Eden Suarez-Santos
Eagle News Service
(Eagle News) — The Judicial Bar Council cannot still declare the position of ousted Chief Justice Ma. Lourdes Sereno as vacant since the Supreme Court still has no final decision on the quo warranto petition against her.
This was confirmed by Oriental Mindoro Representative Reynaldo Umali, one of the JBC members processing the nominations and application on the said position.
The official said the agency is yet to decide on the matter as Sereno only submitted her motion of reconsideration (MR) recently.
“We are hoping the Supreme Court will soon resolve the motion for reconsideration. Mukhang wala naming bagong issue so sa tingin ko, mabilis nang mare-reseolve nang Korte Suprema ito,” Umali said.
He said that there are already applications for the Chief Justice post.
Umali also pointed out that a resolution signed by 14 senators questioning the SC decision on the quo warranto case has no basis, as the Senate still has no jurisdiction over the impeachment case. The Senate failed to adopt the resolution early Thursday.
“Kasi clearly, may jurisdiction ang Korte Suprema dito,” Umali said on the quo warranto petition.
In the first place, he said, the House of Representatives has not yet transmitted the articles of impeachment against Sereno so the Senate has totally no jurisdiction yet on the matter. The Senate would thus be violating the doctrine on separation of powers under the Constitution if the Senate had adopted the resolution questioning the Supreme Court decision, he said.
“Unang una hindi pa po natin nai-ta-transmit sa kanila, kaya wala pa po silang jurisdiction, so technically wala po silang basehan,”
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