MANILA – Maria Lourdes Sereno has been unseated as the Supreme Court (SC) Chief Justice making her the first constitutional officer to be removed not by impeachment.
In an 8-6 voting during the special en banc session on Friday, the SC justices have granted the quo warranto petition that Solicitor General Jose Calida filed seeking Sereno’s removal.
The SC magistrates who voted in favor of Calida’s petition were associate justices Teresita Leonardo-de Castro, Diosdado Peralta, Andres Reyes Jr., Lucas Bersamin, Samuel Martires, Alexander Gesmundo, Noel Tijam, and Francis Jardeleza.
Those who voted against it were associate justices Antonio Carpio, Marvic Leonen, Presbitero Velasco Jr., Mariano del Castillo, Estela Perez-Bernabe and Benjamin Alfredo Caguioa.
Majority of the SC justices believed that Sereno’s appointment as Chief Magistrate was void from the start because of her failure to file her statements of assets, liabilities and net worth.
The decision will be immediately executory after majority of the justices concurred. The Judicial and Bar Council will then be mandated to start the nomination process for the selection of a new chief justice.
Calida earlier said Sereno is not qualified to hold the position.
He added that the petition could even be considered by Sereno as “an act of kindness to a fellow lawyer” since it would spare her from the “indignity” of an impeachment.
A quo warranto proceeding is initiated by the government to remove an unqualified official from his or her position as stated under Rule 66 of the Rules of Court./PN
