(Eagle News) — Majority of the justices of the Supreme Court voted that the quo warranto petition is the “proper remedy” regarding the violations on the filing of the Statement of Assets, Liabilities and Net Worth (SALN) of ousted Chief Justice Maria Lourdes Sereno.
Voting 9-5, the Supreme Court justices who said that quo warranto is the “proper remedy” were Presbitero Velasco, Teresita Leonardo De Castro, Diosdado Peralta, Lucas Bersamin, Francis Jardeleza, Samuel Martires, Noel Tijam, Andres Reyes Jr, and Alexander Gesmundo.
Those who dissented were Senior Associate Justice Antonio Carpio, and Associate Justices Mariano del Castillo, Estela Perlas Bernabe, Marvic Leonen and Benjamin Caguioa.
Nine of the SC justices also voted that respondent Sereno “violated the Constitution for failure to file SALNs.”
These are Senior Associate Justice Carpio, and Associate Justices De Castro, Peralta, Bersamin, Jardeleza, Martires, Tijam, Reyes, and Gesmundo.
“The other Justices did not express an opinion on this point,” the SC’s media briefer said.
Solicitor General Jose Calida filed the quo warranto petition against Sereno, on March 5, saying that she was ineligible from the start to hold the post because of her failure to file at least 10 SALNs including the time that she served as professor of University of the Philippines College of Law.
In his petition, he asked the Supreme Court to declare as “void” Sereno’s appointment by former President Benigno Aquino III on August 24, 2012, and also asked the high court to “oust” Sereno as Chief Justice of the Supreme Court.
During Friday’s (May 11, 2018) en banc session tackling the OSG’s petition, Sereno was ousted from her post as Chief Justice with a vote of 8-6.
Those who voted in favor of removing Sereno through the quo warranto petition were Associate Justices Diosdado Peralta, Teresita Leonardo De Castro, Lucas Bersamin, Samuel Martires, Francis Jardeleza, Alexander Gesmundo, Andres Reyes, and Noel Tijam who wrote the decision.
Those who dissented were Senior Associate Justice Antonio Carpio, and Associate Justices Marvic Leonen, Mark del Castillo, Alfredo Benjamin Caguioa, Presbitero Velasco Jr., and Estela Perlas-Bernabe.
The high court’s decision was “immediately executory.”
The Supreme Court also declared “vacant” the Chief Justice position, and ordered Sereno to explain why she should not be sanctioned for her actions that they said violated the “sub judice rule.”
The high court also “ordered” Sereno to explain or “show cause” within 10 days from her receipt of the decision why she should not be sanctioned for “violating the Code of Professional Responsibility and the Code of Judicial Conduct for transgressing the sub judice rule and for casting aspersions and ill motives to the members of the Supreme Court.”
-Sereno continues to defy SC-
Sereno, however, continued to defy the court after the decision was announced.
She called on the public to express their opinion about her ouster.
“Inilagay tayo rito para sa ganitong mga panahon. Ang araw na ito ay araw ng paglaban. (We were placed here for these times. This day is a day to fight),” a defiant Sereno said in front of supporters and reporters.
“Ang araw na ito ay hindi katapusan, kundi simula lamang. (This day is not the end but only a beginning),” she said.
“Sa araw na ito, ipunin natin ang ating tapang, at iparinig ang ating nagkakaisang-tinig. Hindi na tayo maaring manatiling tahimik, dahil ang nananahimik ay katumbas ng pagiging kasabwat sa kanilang pang-aabuso ,” Sereno said encouraging her supporters to defy what she said was injustice done to her and to the whole Filipino nation.
“Pag-usapan po natin ang hustiya. Let us make it the most important issue of the nation,” she said in her presscon.
Sereno insists that she can only be removed from office through impeachment.