A court divided
What else is there to talk about but the successful removal by this administration of Ma. Lourdes Sereno as Chief Justice of the Supreme Court? Eight justices voted to remove Sereno by Quo Warranto petition, which according to many was not what the Constitution stipulates. The only way to remove the Chief Justice of the Supreme Court is impeachment, something Sereno was ready to face, if it proceeded.
We are not lawyers, so it's hard to pick the brains of the eight justices who voted to eliminate one of their own. But if you read the Constitution, an impeachable official such as the chief justice can only be removed by the Senate sitting as an impeachment court. Some justices did not hide their strong opinions on the act of the eight. According to Associate Justice Caguioa, the Supreme Court has committed suicide sans dignity. A legal abomination is how Associate Justice Leonen described the decision. Associate Justice Antonio Carpio believes that while Sereno committed impeachable offenses, he did not agree with removing her by Quo Warranto petition. Six magistrates voted against the petition of Solicitor General Jose Calida, who has now become one of the most powerful people in the Cabinet of President Duterte. The Quo Warranto petition has been weaponized and can now be used against any impeachable official who does not toe the line. Who is next? Who is seen as not being a "friend" of this administration?
They really ganged up on Sereno. They practically threw everything at her, and waited for something to stick. Why is that? Did she really commit an infraction that would justify her expulsion? Was she that disliked by even the court employees wearing red? Did the Judicial Bar Council err in nominating her to then president Aquino? Or is that the real reason? Is it because she isn't "one of them"? If you look at the eight magistrates who voted for Sereno's ouster, most of them were appointed by Duterte and former president Arroyo, who, now allied with the president, is all smiles and without her prescription neck brace. While those who voted against the petition were appointed by Arroyo and former president Aquino. Is politics the real reason why Sereno was removed? You be the judge.
Many senators, some even allied with this administration, also made their displeasure on the decision known. I particularly liked Senator Ping Lacson's comment. They were ready to give Sereno a fair hearing, if the impeachment proceedings pushed through, because again, impeachment is the only way to remove a sitting chief justice. Just because more justices voted to oust Sereno, it does not necessarily make their decision right. Technically speaking, you now have a divided Supreme Court. A numbers game was the only reason Sereno was ousted. History will judge the eight, while their decision will apparently have a ripple effect on the years to come, not necessarily good ones.
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