SC employees, judges rally support for 8 justices who ousted Sereno
MANILA, Philippines — It was another “Red Monday” at the Supreme Court, as some of the high court’s employees wore red to call for support to the eight magistrates who ousted Chief Justice Maria Lourdes Sereno.
In a statement, judges of lower courts and employees of the judiciary called for “calm, sobriety and peace” among the Filipino public amid the SC’s quo warranto ruling.
“Let us accept it with full of respect, and by following what it sets. Let us adhere to the Rule of Law,” they said.
The statement was dated May 15 but only released to media on Monday, the same day that the Senate is set to tackle the validity of Sereno’s removal via a quo warranto.
The group also stressed that Sereno is still allowed to file an appeal on the ruling, and the public should allow the magistrates to carry out their duty.
READ: Supreme Court employees call for another 'Red Monday'
The statement was signed by Judge Felix Reyes, president of Philippine Judges Association; Maria Fe Maloloy-On, president of Philippine Association of Court Employees; Rene Enciso, president of Supreme Court Assembly of Lawyer Employees; and Erwin Ocson, president of SC Employees Association.
Since March, the SC grounds on Mondays have been a sea of red during its flag-raising ceremonies as they called for the resignation of Sereno, who was then facing two ouster petitions lodged before the Congress and the high court. On May 11, when the ruling was announced, some of the employees were also wearing red.
Voting 8-6 in a special en banc session, the high tribunal only took two months to decide on Solicitor General Jose Calida's quo warranto petition, which challenged the legality of Sereno's appointment mainly on the grounds of missing wealth declarations.
President Rodrigo Duterte, who has made no secret of his dislike for Sereno, earlier called the country’s first female chief justice his “enemy” who must be removed from the high tribunal.
The historic ruling removed a chief justice, an impeachable official, through a quo warranto petition under the Rules of Court—and not through an impeachment process as sanctioned by the Constitution. It reaped strong opposition and condemnation from lawmakers, legal luminaries, the academe and multi-sectoral groups.
The dissenting justices also had strong words against the ruling. Associate Justice Alfredo Benjamin Caguiao called the decision as the justices committing a seppuku—a Japanese ritual suicide—but without honor.
But the group stressed: “The interpretation and application of the Constitution, laws and rules exclusively belong to the Supreme Court. Not to the Executive Department. Not to Congress. Not to media. Not to the practicing lawyers and law students. Not to the clergy. Not even to the people.”
They added that the voting showed that Calida’s petition went through thorough debates among the justices.
Sereno, meanwhile, insisted that she cannot be ousted by a “barkadahan” at the tribunal and only through Congress. She said that she would appeal the ruling.
There are also 14 senators who have signed a resolution calling for the SC to review the said decision.
READ: More senators urged to sign quo warranto appeal | Monsod: Senate should assert its power on removal of chief justice
An insider source of The STAR says the decision on Chief Justice Maria Lourdes Sereno's quo warranto was already signed by seven justices ahead of this morning's special en banc session.
Court observers said that based on the April 10 oral arguments on the quo warranto petition against Sereno, it seemed that majority of the justices were inclined to vote for the removal of the head magistrate.
READ: How the quo warranto petition vs Sereno could affect the judiciary
— with Edu Punay
Former Supreme Court spokesperson Theodore Te says there could have been other methods in resolving the matter when asked if the high court made a mistake in removing the chief justice through a quo warranto petition.
"I think most of the matters that went on... there were some personal animus that was going on between them. Where I'm coming from is that perhaps that personal animus could have been resolved, and that doesn't mean only on one side it meant on all sides, because many of these are family matters in a sense. Internal matters that could have been resolved and it was very difficult for me because I could see that," Te says in an interview over ANC's "Early Edition."
"The decisions of the court become the law of the land that's what we always say. That's a judgment that's there. I don't know if I would call it a mistake but I would definitely say that in creating that precedent, that loophole, even though it is a once in a lifetime loophole, I think the court could have restrained itself," he adds.
The Supreme Court directs Solicitor General Jose Calida to comment on the appeal filed by ousted Chief Justice Maria Lourdes Sereno on the quo warranto ruling.
The high tribunal gives Calida a non-extendible period of five days to file his comment on Sereno’s motion for reconsideration.
Ousted Chief Justice Maria Lourdes Sereno files an appeal on the Supreme Court ruling on May 11 that granted Solicitor General Jose Calida’s quo warranto petition against her.
In a vote of 8-6, her colleagues at the SC voided her appointment as chief justice in 2012.
"Respondent [Sereno] is found disqualified from and is hereby adjudged guilty of unlawfully holding and exercising the Office of the Chief Justice. Accordingly, Sereno is ousted and excluded therefrom," the historic decision reads.
Those who voted in favor of the ouster were Associate Justices Noel Tijam, Teresita De Castro, Lucas Bersamin, Francis Jardeleza, Samuel Martires, Andres Reyes Jr. and Alexander Gesmundo. -
A group of justices and employees of the Supreme Court expresses support for the high court after its decision to oust Sereno as chief justice.
READ: Statement of support from judges, court personnel for Supreme Court after its decision ousting CJ Sereno @PhilippineStar pic.twitter.com/Iqnz4LgtZo
— Edu Punay (@edupunay) May 21, 2018
The Senate will take up today a resolution signed by 14 of its members seeking a review of the high court's decision to remove an impeachable official via a quo warranto.
READ: The cards are stacked against Sereno but she may have an ace up her sleeve
The Coalition for Justice urges the Senate to take a collective stand against the Supreme Court decision ousting Chief Justice Maria Lourdes Sereno by asserting its exclusive right to remove impeachable officials.
“We respectfully ask you to remind the Supreme Court that the Senate's sole power over impeachable officers must not be impugned by a co-equal branch of government,” the CFJ says in an open letter to senators.
“If the Decision remains unchallenged and the Senate's duty is unperformed, the dire fallout on our system and people will lie at the Senate's door,” it warns.
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