Quo warranto petition against Maria Lourdes Sereno information
2018 petition in the Supreme Court of the Philippines
As a result of Republic v. Sereno, Maria Lourdes Sereno, above, was ousted from her position. She is no longer considered the 24th Chief Justice of the Philippines, as the Court ruled that her appointment was never legal.[1]
Republic of the Philippines v. Maria Lourdes Sereno
Court
Supreme Court of the Philippines en banc
Full case name
Republic of the Philippines, represented by Solicitor General Jose C. Calida v. Maria Lourdes P. A. Sereno
Decided
May 11, 2018 (2018-05-11)
Citation
G. R. No. 237428
Case history
Prior action(s)
None; for quo warranto petitions the Supreme Court is always the court of first instance[2]
Subsequent action(s)
Motion for reconsideration filed on May 31, 2018; denied with finality on June 19, 2018
Administrative case re: show cause order in G.R. No. 237428 (A.M. No. 18-06-01-SC)
Related action(s)
Impeachment proceedings in the House of Representatives
Questions presented
Does the court have jurisdiction, or should the Congress decide via impeachment? Are quo warranto petitions time limited when brought by the Republic? Assuming jurisdiction and that the prescriptive period is immaterial, was Sereno's appointment ever valid? Is lack of integrity a ground on which quo warranto petitions should prevail?
Ruling
Ponente
Justice Noel Tijam
On original case: Petition of quo warranto granted, Sereno declared guilty of unlawfully holding and exercising the powers of the office of Chief Justice ab initio. Sereno ordered to show cause for violating the sub judice ethical conduct rule within ten days or else face an administrative case. On motion to reconsider: Denied. On administrative case: Found guilty of violating Canons 11 and 13 in the Code of Professional Responsibility, and Canons 1–4 in the New Code of Judicial Conduct for the Philippine Judiciary. "Sternly" reprimanded in lieu of suspension from the Integrated Bar of the Philippines or disbarment therefrom.
Court membership
Judges sitting
Maria Lourdes Sereno (recused), Antonio Carpio, Presbitero Velasco Jr., Teresita Leonardo-De Castro, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Estela Perlas Bernabe, Marvic Leonen, Francis Jardeleza, Alfredo Benjamin Caguioa, Samuel Martires, Noel Tijam, Andres Reyes Jr., Alexander Gesmundo
Concurrence
Justices de Castro, Peralta, Bersamin, Jardeleza, Martires, Reyes, and Gesmundo
Concur/dissent
Justices Velasco Jr., del Castillo
Dissent
Justices Carpio, Bernabe, Leonen, Caguioa
The quo warranto petition against Maria Lourdes Sereno, filed before the Supreme Court of the Philippines, led to the landmark case Republic v. Sereno[note 1] (G. R. No. 237428),[3][4][5] which nullified Maria Lourdes Sereno's appointment as Chief Justice of the Supreme Court of the Philippines, finding that she never lawfully held the office due to a lack of integrity for failing to file certain required financial documents. As a result, she was ousted from the Supreme Court as Chief Justice. The Court handed down its ruling on May 11, 2018.[6] The case began with a filing before the House of Representatives of an impeachment demand,[7][8] the accusations in which Solicitor General Jose Calida used as the factual basis for his quo warranto petition.[9][10]
Sereno had faced criticism from the administration of President Rodrigo Duterte for expressing her criticism of his Philippine Drug War, and many saw the petition as politically motivated.[11][12][13] As mentioned, Sereno had also faced an impeachment trial prior to the granting of the petition, but after its granting, such trial became moot and was never scheduled.[14] The ruling of the Supreme Court was received favorably by the Duterte administration as well as its political allies, while critics of the petition viewed Sereno's removal from office as an attack on due process and on the judicial independence of the Supreme Court.[15]
^Cite error: The named reference :5 was invoked but never defined (see the help page).
^Lopez, Tony (February 21, 2020). "Why a quo warranto?". Manila Standard.
^"Republic of the Philippines, represented by Solicitor General Jose C. Calida vs. Maria Lourdes P. A. Sereno (G.R. No. 237428)" (PDF). Supreme Court of the Philippines. May 11, 2018. Archived from the original (PDF) on June 20, 2018. Retrieved May 11, 2018.
^Manglinong, Dan (May 14, 2018). "Justice Leonen tweets hope after notable dissent to Sereno's ouster". Interaksyon. Retrieved June 9, 2020.
^Artemio Panganiban (March 1, 2020). "Quo warranto on ABS-CBN (Part 2: Answers)". Philippine Daily Inquirer. Retrieved June 9, 2020.
^Canlas, Jomar (May 11, 2018). "Chief Justice Sereno ousted". The Manila Times. Retrieved May 11, 2018.
^Cite error: The named reference Sereno-025-105 was invoked but never defined (see the help page).
^Cite error: The named reference :11 was invoked but never defined (see the help page).
^Jose Calida (March 5, 2018). "Republic represented by Solicitor General Calida v. Sereno—Petition for Quo Warranto" (PDF). Office of the Solicitor General. Retrieved June 9, 2020 – via The Filipino Channel (ABS-CBN).
^Cite error: The named reference :6 was invoked but never defined (see the help page).
^"Philippine chief justice Sereno, Duterte's critic, removed". Al Jazeera. May 11, 2018. Retrieved June 9, 2020.
^Watts, Jake Maxwell (May 11, 2018). "Philippines' Top Court Ousts Chief Justice, Critic of Duterte's Drug War". Wall Street Journal. ISSN 0099-9660. Retrieved June 9, 2020.
^Cite error: The named reference untv was invoked but never defined (see the help page).
^Cepeda, Mara (April 11, 2018). "Alvarez wants House to impeach Sereno in May". Rappler. Retrieved June 9, 2020.
^Punay, Edu (May 31, 2018). "Sereno appeals ouster from Supreme Court". The Philippine Star. Retrieved June 9, 2020.
Cite error: There are <ref group=note> tags on this page, but the references will not show without a {{reflist|group=note}} template (see the help page).
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