Manila Standard - 2018 May 12 - Saturday

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Eagle eyes

Pensees Fr. Ranhilio Aquino

Tony La Vina VOL. XXXII • NO. 86 • 3 SECTIONS 16 PAGES • P18 • SATURDAY, MAY 12, 2018 • www.manilastandard.net • editorial@manilastandard.net

SC ousts Sereno in 8-6 vote

It’s not over for Sereno, the rule of law MAY 11, 2018 will be remembered in the Philippines as a bad, terrible day for the rule of law and also for democracy. It was the graduation speech that Chief Justice Sereno delivered last year in Ateneo de Manila that insiders say prompted the President to order her removal. Ironically, in this speech, she neither attacked nor criticized Duterte. She simply laid down the conditions for a constitutional implementation of martial law. Apparently, that was too much already. Turn to A5

Decision also opens possible disbarment

Padre Faura turns into battleground

By Rey E. Requejo

By Joel E. Zurbano

T

HE Supreme Court voted Friday 8-6 to oust Chief Justice Maria Lourdes Sereno, saying she was unqualified for the office because her failure to file the required number of statements of assets, liabilities and net worth (SALNs) was a clear indication of dishonesty and a lack of integrity.

PADRE Faura Street in Manila was a cacophony of sound and color on Friday as supporters and critics of erstwhile Chief Justice Maria Lourdes Sereno marched in front of the Supreme Court building to await the tribunal’s ruling on the quo warranto case filed against her. Both pro- and anti-Sereno camps brought posters, signs and audio systems to announce their positions in the contentious issue, with the pros sporting red ribbons in defiance of the top magistrate – red also being the color identified with President Rodrigo Duterte, who had called for the Chief Justice to step down and who endorsed the petition through the Solicitor General. Some of the rallyists even got physical as Next page

8-6 on the Constitution I HAVE never expressed a position on whether Meilou should be ousted or not. I have my personal view but I have kept it personal. But I have always asserted that quo warranto is a proper action and that asking the Supreme Court to desist from deciding the case was tantamount to calling on the Court to renege on its bounden duty. The Court has spoken. It is not infallible but it is supreme and therefore its decision articulates the state of the law. The academic disputation should Turn to A4

In granting the quo warranto petition filed by Solicitor General Jose Calida against Sereno, the Court declared the position of chief justice vacant and directed the Judicial and Bar Council (JBC) to begin the application and nomination process. Sereno, who became the first female chief justice in 2012, is now also the first top magistrate to be removed from office through a quo warranto petition, which deemed she was never qualified for the position from the beginning. Sereno, 57, would have served as chief justice until 2030 or another 12 years before her retirement if not for her ouster. In a press briefing, Supreme Court spokesman Theodore Te said Sereno was “adjudged guilty of unlawfully holding and exercising the office of the chief justice” and was therefore ousted. The decision, written by Associate Justice Noel G. Tijam, is “immediately executory without the need of further action from the court.” Aside from Tijam, the justices who Next page

SHOWN THE DOOR. Chief Justice Maria Lourdes Sereno, the country’s 57-year-old 24th chief magistrate, waves to supporters in front of the Supreme Court building Friday before the high court, in a landmark decision and acting on a quo warranto petition filed by Solicitor General Jose Calida, voted to oust her, by a vote of 8 for and 6 against, after finding her disqualified from holding and exercising the Office of the Chief Justice. Lino Santos

How they voted

SUPPORTERS SHOUT. Sereno supporters shout slogans Friday after the successor of impeached and convicted Renato Corona is herself removed as top magistrate. Norman Cruz

Aquino, others hit SC, fear crippling effects

IN FAVOR

Next page

AGAINST

vote to grant quo warranto

vote on whether quo warranto is proper remedy to remove Sereno

9-5

By Macon Ramos-Araneta FORMER President Benigno Aquino III and other critics on Friday slammed the Supreme Court decision ousting Chief Justice Maria Lourdes Sereno from power. He was joined by Vice President Leni Robredo, Senators Ralph Recto, Juan Edgardo Angara, Sherwin Gatchalian, Panfilo Lacson, Joel Villanueva, Franklin Drilon, Francis Pangilinan, Antonio Trillanes IV, Risa Hontiveros, Bam Aquino and Leila de Lima, the Catholic Bishops Conference of the Philippines, the Association of Major Religious Superiors in the Philippines and Sanlakas. “If the law is already clear, there is no more need to explain. It is clear in the Constitution that an impeachable officer can only be removed through impeachment,” said Aquino who appointed Sereno. “In my own opinion, we see a forced decision whatever the explanation of the majority.” Robredo said Sereno’s ouster set a “very dangerous precedent that may seriously undermine the independence of the judiciary.” “We express alarm over this decision in the strongest terms,” she said. Recto said the high court decision set a bad precedent. “The decision in effect reduced the powers of both houses of Congress. I do not expect the House to impeach the Chief Justice,” he said. Angara said impeachment was the only constitutional route for removing a chief justice. “The ripple effect of the decision may be felt in the coming months and years. I pray that wisdom and sobriety prevail in

8-6 9-5

CELEBRATORY CHEER. Anti-Sereno group led by lawyer Ferdinand Topacio (middle) celebrate after the Supreme Court ousts her and declares the position of Chief Justice vacant. Lino Santos

JUSTICE LUCAS BERSAMIN Appointed to SC by President Gloria Macapagal-Arroyo

JUSTICE ALEXANDER G. GESMUNDO Appointed by President Rodrigo Duterte

JUSTICE SAMUEL R. MARTIRES Appointed by President Rodrigo Duterte

JUSTICE ANDRES B. REYES JR. Appointed by President Rodrigo Duterte

JUSTICE TERESITA J. LEONARD-DE CASTRO Appointed by President Gloria Macapagal-Arroyo

JUSTICE FRANCIS H. JARDELEZA Appointed by President Benigno Simeon Aquino III

JUSTICE DIOSDADO M. PERALTA Appointed by President Gloria Macapagal-Arroyo

JUSTICE NOEL G. TIJAM Appointed by President Rodrigo Duterte

vote on whether Sereno violated the Constitution for failure to file SALNs

Sereno will appeal decision MAJORITY of the justices of the Supreme Court voted against ousted Chief Justice Maria Lourdes Sereno in the three points of contention discussed in the special en banc session on Friday. However, removing Sereno from her seat without undergoing an impeachment trial in the Senate “is a legal abomination,” Associate Justice Marvic Leonen said in a dissenting opinion. Apart from the 8-6 vote that upheld the validity of the quo warranto petition filed against Next page

JUSTICE ESTELA M. PERLAS-BERNABE Appointed by President Benigno Simeon Aquino III

JUSTICE ALFREDO BENJAMIN S. CAGUIOA Appointed by President Benigno Simeon Aquino III

JUSTICE MARIANO C. DEL CASTILLO Appointed by President Gloria Macapagal-Arroyo

JUSTICE MARVIC MARIO VICTOR F. LEONEN Appointed by President Benigno Simeon Aquino III

SENIOR ASSOCIATE JUSTICE ANTONIO T. CARPIO Appointed by President Gloria Macapagal-Arroyo

JUSTICE PRESBITERO J. VELASCO JR. Appointed by President Gloria Macapagal-Arroyo

ABSTAIN CHIEF JUSTICE MARIA LOURDES P. A. SERENO Appointed by President Benigno Simeon Aquino III

Pro quo warranto side hail high court ruling By Maricel V. Cruz LAWYER Lorenzo Gadon, who filed the impeachment complaint against Chief Justice Maria Lourdes Sereno, said her removal from office freed the Supreme Court from the footprints of the Liberal Party. He said Sereno was the reason the election protest of exsenator Ferdinand Marcos Jr. had dragged on for a year. “She served at the pleasure of the Aquinos. She [would] do anything to block any effort that would put the Aquinos in a bad light,” Gadon said. “She served only at the pleasure of [former president Benigno] Aquino [III].” The Office of Solicitor General also praised the high court decision against Sereno. In a statement, Solicitor General Jose Calida said Sereno’s removal the maintained the stability and integrity of the Judiciary. But Rep. Reynaldo Umali, chairman of the House committee on justice, said Friday Congress must wait for the final ruling on the quo warranto petition voiding the appointment of Chief Justice Maria Lourdes Sereno that was approved by the Supreme Court, He said Sereno could still file a motion for reconsideration on the ruling, and Congress would only act on the impeachment complaint against her after the high court had rendered its final decision on the petition filed by Solicitor General Jose Calida. Senate President Aquilino Pimentel III said the Supreme Court was supreme in many things, but its supremacy was not in everything. Next page


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