Sereno ouster a judicial risk?

CEBU, Philippines — The ouster of Chief Justice Lourdes Sereno through a quo warranto petition saddened and surprised several members of the legal profession in Cebu.

Atty. Gonzalo Malig-on, Jr., governor of the Integrated Bar of the Philippines (IBP) - Eastern Visayas and former president of the IBP Cebu Province Chapter, said the decision of the Supreme Court saddened him.

For University of Cebu College of Law Dean, Atty. Baldomero Estenzo, the decision has put judicial independence at risk.

He said that as provided in the Constitution, the chief justice can be removed through impeachment and the quo warranto is not available after one year from assumption of office.

The current president of IBP – Cebu Province Chapter, Atty. Mundlyn Misal-Martin, said the decision surprised her.

“While the Constitution states about impeachment and impeachable officers, as well as the principle of check and balance between the three branches of the government, the ouster of an impeachable high ranking officer through quo warranto is surprisingly new to me,”

Quo warranto, which is Latin for “by what authority,” is a legal remedy that can be initiated against a "person who usurps, intrudes into, or unlawfully holds or exercises a public office, position or franchise."

Martin and Atty. Jose Glenn Capanas, the president of the IBP – Cebu City Chapter, said, however, that they respect the decision of the Supreme Court.  Martin, for one, said the justices are “intellectually capable to decide on matters raised to them.”  Lawyer Vincent Isles, co-chair of The Silent Majority (TSM) in Cebu, shares the sentiment.

“What’s stopping Mr. Duterte now from targeting any and all Supreme Court justices who go against his acts and insist on the Constitution?” he said.

The night before SC justices ruled on the quo warranto petition, TSM and other cause-oriented groups gathered at the Cebu Capitol grounds for a prayer vigil.

Isles argued that since Sereno was shortlisted by the Judicial and Bar Council, she was qualified for the position in the first place.

Protest

Yesterday, local chapters of militant groups trooped to the streets to protest the decision.

Among those that joined the rally at the Gaisano Metro Colon were Movement Against Tyranny, Karapatan, Bayan, Piston, and Gabriela. — Angelie Co, STC Intern/JMO (FREEMAN)