Quo Warranto?
May 11 will be a very important day for us, Filipinos. The Supreme Court of the Philippines will decide on the unprecedented Quo Warranto petition versus Chief Justice Maria Lourdes Sereno.
Until this time, the Philippine Constitution has been very clear about impeachment as the only practice to remove certain government officials, the chief justice included.
The House of Representatives initiated impeachment proceedings against Sereno. If they vote to impeach her, the next step is for the Senate after thorough deliberation, to vote for or against impeachment. Officials impeached in the past were subject to this constitutional law and practice.
The House, however, still has to vote whether to impeach her or not. The speculation is although the majority in the House will vote for her impeachment, they are uncertain if the Senate will impeach her because of lack of solid evidence.
To ensure that she is removed from office, this government's chief lawyer filed an unprecedented Quo Warranto petition asking the Supreme Court justices to vote to unseat Sereno.
Quo Warranto is a writ/order, a "legal proceeding during which an individual's right to hold an office or governmental privilege is challenged."
Can the Supreme Court justices remove the chief justice through Quo Warranto? No, because the law is clear that Quo Warranto can be filed only within one year from the cause of ouster. Sereno was appointed in 2012!
Why are the Supreme Court justices hearing this petition then and disregarding the important legal requirement for the Quo Warranto?
Most importantly, why are Supreme Court justices ignoring the Philippine Constitution's clear mandate --that members of the Supreme Court, Sereno included, can be removed only through impeachment?
Is it because the Duterte regime is set to remove Sereno by any means? Why?
Chief Justice Sereno is "key to maintaining judicial independence because the chief justice sets the agenda, presides at all hearings, controls what questions are to be asked, and who can ask them."
"Her removal and the subsequent appointment of a Duterte chief justice would allow for government control of all Supreme Court cases including judicial appointments, the Presidential Electoral Tribunal case between Bongbong Marcos and Vice President Leni Robredo, the rewriting of the Constitution."
If her Supreme Court peers remove Sereno via Quo Warranto, then the Supreme Court will set the following dangerous precedents: 1.) Violating the Constitution, 2.) Allowing the Judiciary to be politicized and partisan, and 3.) Undermining democracy, and prioritizing personal agenda over the best interests of our people and our country.
This May 11, we will know whether the Supreme Court justices will uphold the Constitution and decide in favor of our people, our country.
Vice President Leni Robredo has called on all to "set aside our fear and fight for our judiciary." The #SilentNoMorePH invites all to join a Jericho March this Friday, May 11, from 7 a.m. at the Supreme Court grounds to protest Duterte's "last stone to gain absolute control of our country for the benefit of his league of plunderers, drug lords, cronies, and China!"
Their call: "It's now or forever be silenced! Think of your kids and the future generation --be among those who protect our country."
In Cebu, this FB call: "Let us set aside our differences, focus on the bigger enemy. We are humbly asking everyone to join the Jericho March for Justice vigil on Thursday, May 10, 2018, from 6pm to 12midnight @ capitol grounds (tentative venue)."
"Let us unite for our country!"
"Ang Laban ni CJ Sereno ay Laban natin!"
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