SC votes to oust Sereno

In this March 9, 2018 photo, Supreme Court Chief Justice Maria Lourdes Sereno waves as she arrives for a forum with foreign correspondents based in the country in suburban Quezon city northeast of Manila, Philippines. The embattled Philippine chief justice has returned to office after taking leave two months ago amid efforts by President Rodrigo Duterte's administration to oust her from the Supreme Court. Chief Justice Maria Lourdes Sereno's spokesman Jojo Lacanilao told The Associated Press that she resumed work Wednesday, May 9, 2018, at the Supreme Court, defying calls from Duterte's allies for her to step down.
AP Photo/Bullit Marquez

MANILA, Philippines  (Update 3, 12:58 p.m.) — The Supreme Court voted to oust Chief Justice Maria Lourdes Sereno over her supposed failure to meet the "integrity test" of her position despite earlier warnings that such a decision would trigger a constitutional crisis.

Voting 8-6 in a special en banc session on Friday, the SC declared void Sereno's appointment as chief justice.

SC spokesperson Theodore Te, quoting the dispositive of the decision, said: "Wherefore, the Petition for Quo Warranto is granted."

"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," Te added.

The ruling is immediately executory.

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.

The dissenting votes were Associate Justices Estela Bernabe, Alfredo Benjamin Caguioa, Presbitero Jose Velasco Jr., Mariano Del Castillo, Marvic Leonen, Antonio Carpio. Bernabe is currently out of the country but left a vote against the quo warranto.

The camp of Sereno already said that they will appeal the ruling, condemned by lawyers in the Free Legal Assistance Group and the chief of the Integrated Bar of the Philippines as unconstitutional. Sereno is given 15 days to file a motion for reconsideration.

Friday's decision paves the way for a constitutional crisis, wherein the high court has assumed a function the fundamental law grants solely to Congress—to oust the top magistrate through an impeachment proceedings. The ongoing proceeding at the lower house that comes before a Senate-led trial is now invalidated.

READ: How the quo warranto petition vs Sereno could affect the judiciary

Majority says voiding her appointment a valid recourse

The justices also ruled on whether the quo warranto is the proper remedy on the case. The justices voted 9-5 on the matter.

It only took two months for the Supreme Court to rule on Solicitor General Jose Calida's plea, filed on March 5, that challenged the legality of Sereno's appointment to the high court.

The 14-member court, led by Acting Chief Justice Antonio Carpio, held the hours-long oral argument on the case last April 10 at the SC Session Hall in Baguio City.

Sereno has earlier asked six of her colleagues—who she claimed has shown bias against her— to inhibit from the case. These were De Castro, Peralta, Bersamin, Jardeleza, Tijam and Martires.

The decision was penned by Tijam.

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