UPDATED: SC en banc votes to nullify appointment of Sereno as Chief Justice

(Eagle News) — Majority of justices of the Supreme Court voted to nullify the appointment of Maria Lourdes Sereno as Chief Justice on Friday, May 11.

With a vote of 8-6, the justices ruled in favor of the petition filed by Solicitor General Jose Calida.

In favor were Associate Justices Teresita de Castro, Diosdado Peralta, Lucas Bersamin, Samuel Martires,  Noel Tijam, Andres Reyes, Alexander Gesmundo and Francis Jardeleza.

Senior Associate Justice Antonio Carpio, and Associate Justices Marvic Leonen, Benjamin Caguioa, Estela Perlas Bernabe, Mariano del Castillo and Presbitero Velasco dissented.

This is the first time the SC ousted its chief magistrate for alleged failure to submit complete Statements of Assets, Liabilities and Net Worth.

Calida had argued this showed lack of integrity on the part of Sereno, a requirement for one to be appointed as Chief Justice in the first place, and as such she was  “holding unlawfully” to the Chief Justice post.

Sereno and her supporters have argued the quo warranto petition should be junked, noting that impeachment was the only constitutional method to decide the fate of the Chief Justice.

Sereno had also asked for the inhibition of Associate Justices De Castro, Peralta, Tijam, Jardeleza, Bersamin, and  Martires, citing what he said were their “bias” and “animosity” toward her.

Sereno is also facing an impeachment complaint in Congress.

House justice committee chair Rep. Rey Umali has said, however, that the lower chamber would continue to process the complaint against Sereno regardless of the outcome of the quo warranto petition in the SC.

The Articles of Impeachment and the committee report are slated to be voted on in the plenary.

If one third of congressmen vote for the documents, they will be transmitted to the Senate which will act as an impeachment court.

Senate President Koko Pimentel, for his part, however, has said the Senate would likely vote on whether or not to proceed with the impeachment trial if the SC votes in favor of the quo warranto petition. Moira Encina

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