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CHR on Sereno ouster: Ruling 'diminished our democracy'

Kristine Joy Patag - Philstar.com
CHR on Sereno ouster: Ruling 'diminished our democracy'
Chief Justice Maria Lourdes Sereno appears before supporters after the Supreme Court ousts her in an 8-6 vote during a special en banc session on Friday, May 11, 2018.
The STAR / Krizjohn Rosales

MANILA, Philippines — The Supreme Court’s historic ruling that ousted Chief Justice Maria Lourdes Sereno has diminished our democracy, the Commission on Human Rights said.

In a statement, the CHR expressed “disbelief” with eight of justices voting to remove their colleague from the chief justice position through “means unsanctioned by the Constitution.”

“Our Constitution is clear: a sitting Chief Justice can only be removed through impeachment. A quo warranto petition cannot supplant this,” the CHR added.

The SC, on May 11, removed Sereno as the head of the judiciary in a vote of 8-6. The landmark ruling was met with strong opposition from the lawmakers, legal profession and other multi-sectoral groups.

They echoed Sereno’s argument that the Constitution only allows an impeachment case—a power vested in Congress, and not the SC—to oust a chief justice. This was also raised by justices who dissented from the majority.

The CHR stressed: “We decry that Congress was dispossessed of its exclusive power to decide whether an impeachable officer should be removed.”

The state human rights agency also slammed the justices who “previously sat as accusers” against Sereno, and then voted to unseat her.

This was raised by Sereno in her separate motions for inhibition against six of her peers at the SC over alleged bias against her: Associate Justices Teresita De Castro, Diosdado Peralta, Lucas Bersamin, Francis Jardeleza, Samuel Martires and Noel Tijam.

But none of the magistrates took their hands off the case when the court ruled on Solicitor General Jose Calida’s petition on Friday morning. These six justices voted to oust Sereno.

In the ruling penned by Tijam, the SC dismissed Sereno’s claim of bias against the six justices as "baseless." The tribunal also warned that the ousted chief justice might lose her license as a lawyer for her public remarks that cast “aspersions and ill motives” to the members of the court.

READ: Sereno may face disbarment for public remarks against SC

Sereno was given 10 days to file her compliance with the court’s show cause order, directing her to explain why she should not be sanctioned for her public remarks on the case and against the SC.

“This decision has diminished our democracy. It erodes our obedience to the rule of law and departs from the will of the Filipino people,” the CHR added.

Sereno said that they would move to overturn the SC's ruling.

Related video:

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COMMISSION ON HUMAN RIGHTS

MARIA LOURDES SERENO

QUO WARRANTO PETITION

SUPREME COURT

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