Quo Warranto
Quo Warranto
Quo Warranto
Quo Warranto
& the then CJ Sereno
Constitutional Law I
0
Definition.
The old English legal system defines it as a writ or a written order from
the monarch addressed to a suspected usurper to explain by what reason
he is holding such office and upon what legal basis. While in modern
legal practice, it is an extraordinary petition filed by the prosecuting
attorney challenging someone who is being charged of usurping a public
office.
Local Setting.
1
Jose Calida vs Maria Lourdes Sereno.
He also claimed that then CJ Sereno failed to declare 17 years out of her
28-year teaching stint at the University of the Philippines College of Law.
Then 52, Sereno was expected to stay in her post until reaching the
mandatory retirement age in 2030.
Other cases filed against her included those filed by Lawyer and Marcos
loyalist Oliver Lozano for a petition before the high court seeking the
nullification of Sereno’s appointment and by Lawyer Larry Gadon who
filed an impeachment complaint against her for alleged corruption,
betrayal of public trust and culpable violation of the Constitution.
2
On question whether an impeachable official like Sereno can
also be challenged through quo warranto.
No less than the Supreme Court itself has ruled in the case of Funa vs
Villar (GR 192791, 24 April 2012) that this writ is also an available
remedy. More insights can also be gathered if one reads the case of
Topacio vs Ong, Justice of Sandiganbayan (GR 179895, 18 December
2008).
Sereno was ousted as chief justice after the Supreme Court (SC) on
Friday, May 11, granted the quo warranto petition. The SC en banc voted
8-6. The Commision on Human Rights (CHR) said it is in "disbelief"
over the decision, noting that the 1987 Constitution states that a sitting
chief justice can only be removed through impeachment.
Opposition lawmakers said the SC committed "hara-kiri," affecting the
"integrity and independence" of the Philippine judiciary.
The Integrated Bar of the Philippines (IBP) has said that it plans to seek
the reversal of the ruling.
But constitutional law professor Dan Gatmaytan said only Congress has
the "personality" to challenge the petition.
House Majority Leader Rodolfo Fariñas earlier said lawmakers will not
yet declare the impeachment complaint against Sereno moot and
academic, as they will wait for the outcome of the motion for
reconsideration that Sereno's camp plans to file.
3
On Tax Issues.
4
Timelines.
2. She returned from leave shortly after the rest of the Supreme Court
made a decision on the quo warranto petition. Deciding on the quo
warranto petition en banc the Supreme Court justices voted to
remove Sereno from the court on May 11, 2018, by a vote of 8-6.
3. Sereno filed a motion for consideration but the high court denied
with finality Sereno's motion for reconsideration for lack of merit
on June 19, 2018 voting 8-6, upholding the quo warranto decision.
The ruling also stated that no further pleading will be entertained
as well as order for immediate entry of judgement.
5. On the evening of August 25, Teresita de Castro, who only had two
months left to serve in office, was appointed by President Rodrigo
Duterte as the new Chief Justice. The appointment sparked
outrage from the opposition.
5
My Opinion.
Considering the lengthy articles written on the matter and after reading
most of them, I can personally say that the granting of the petition is just
and fair. Though considered to have been politically motivated, the
following made me believe the factual basis on the en banc decision by
the Supreme Court (SC):
Tria, who did not give the psychological exams conducted by the
JBC in August 2012, based her observations on the accounts of
psychiatrists Dulce Sahagun and Genuina Ranoy and psychologists
Maria Suerte Caguingin and Bernaden de Leon-Jamon who
administered the tests on Sereno when she applied for the job of
Chief Justice
I am not to judge her personally because I may not know her real story
and I remain optimistic that despite the current condition of the politics
and economy in our country, someday soon, there will still be a chance
for political harmony and economic recovery. When all concerted efforts
are directed to one common goal and given that Filipinos are of great
minds and talents, the Philippines will shine once more and lead as one
of the better countries with a strong socio-economic stability, more
preferred as a tourist destination and a known investor-friendly society.
More so, where all Filipinos are peaceful and satisfied and where our
children will get to enjoy a better future.