Sereno may face disbarment for public remarks against SC

Ousted Supreme Court Chief Justice Maria Lourdes Sereno, bottom, waves to hundreds of supporters after addressing them following an en banc session by the highest court Friday, May 11, 2018 in Manila, Philippines. The Philippine Supreme Court ousted its chief justice, a critic of the country's authoritarian president, in an unprecedented vote Friday by fellow magistrates that she and hundreds of protesters called unconstitutional and a threat to democracy.
AP/Bullit Marquez

MANILA, Philippines — Ousted Chief Justice Maria Lourdes Sereno would be working on overturning her removal from the Supreme Court, but she might also have to fight to keep her license as a lawyer.

The high tribunal, on May 11, issued a show cause order against Sereno on her alleged violations of the Code of Professional Responsibility and the Code of Judicial Conduct for transgressing the sub judice rule—a prohibition on public discussion of an ongoing case.

She was also ordered to explain why she should not be sanctioned for “casting aspersions and ill motives to the Members of the Supreme Court.”

READ: SC votes to oust Sereno

The SC, through the decision penned by Associate Justice Noel Tijam, said that Sereno “may be held liable for disbarment for violating the Canons of Professional Responsibility for violating the sub judice rule by repeatedly discussing the merits of the quo warranto petition.”

The ousted chief justice might also lose her license for her public remarks calling out her colleagues for allegedly showing bias against her, which the SC said was “designed to affect the results of the Court’s collegial vote and influence public opinion.”

“This wrongful actuation [exemplifies] a poor regard for the judicial system and may amount to conduct unbecoming of a Justice and a lawyer,” the SC said.

Sereno was given 10 days to comply with the show cause order.

The high court stressed that it is not being “unreasonably sensitive” on the matter.

“[W]hen aggressive actions are taken against the Judiciary as an institution and clouds of doubt are cast upon the people’s faith in the administration of justice, especially so when the same are perpetrated by members of the Bar, this Court cannot be apathetic to and is not helpless against such attacks, but the prudent thing to do is to stand and deal with it head on,” the landmark ruling read.

The ousted chief justice, in several of her public remarks, has accused six justice of showing bias against her.

She has filed six separate motions for inhibitions against Associate Justices Teresita de Castro, Diosdado Peralta, Lucas Bersamin, Francis Jardeleza, Noel Tijam and Samuel Martires.

Not one of the justices inhibited from the ruling on the quo warranto on Friday.

READ: SC asks Sereno to explain why she shouldn't be punished for 'ill motives' vs justices

SC on disbarment

The SC may institute a disbarment case motu propio or on its own discretion.

Under Rule 139 of the Rules of Court, the tribunal may refer the case to the solicitor general or to any officer of the SC or judge of the lower court.

"Based upon the evidence adduced at the investigation, the Solicitor General or other Investigator designated by the [SC] shall submit to the [SC] a report containing his findings of fact and recommendations for the final action of the [SC]," Section 14 of Rule 139 provides.

The SC may also sanction a lawyer with a suspension of license.

During the deliberation on Solicitor General Jose Calida’s quo warranto petition on Friday, the SC also tackled whether Sereno violated the Constitution for her failure to file her Statements of Assets, Liabilities and Net Worth.

Nine justices voted yes, while the other five did not express an opinion on the issue.

Integrated Bar of the Philippines President Abdiel Fajardo earlier said that the disbarment or any other sanction against a lawyer is “proportionate to the alleged offense.”

“Normally, offensive language is sanctioned only with [a] reprimand, fine or light suspension,” added Fajardo.

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