Sereno may face disbarment for public remarks against SC
MANILA, Philippines — Ousted Chief Justice Maria Lourdes Sereno would be working on overturning her removal from the Supreme Court, but she might also have to fight to keep her license as a lawyer.
The high tribunal, on May 11, issued a show cause order against Sereno on her alleged violations of the Code of Professional Responsibility and the Code of Judicial Conduct for transgressing the sub judice rule—a prohibition on public discussion of an ongoing case.
She was also ordered to explain why she should not be sanctioned for “casting aspersions and ill motives to the Members of the Supreme Court.”
READ: SC votes to oust Sereno
The SC, through the decision penned by Associate Justice Noel Tijam, said that Sereno “may be held liable for disbarment for violating the Canons of Professional Responsibility for violating the sub judice rule by repeatedly discussing the merits of the quo warranto petition.”
The ousted chief justice might also lose her license for her public remarks calling out her colleagues for allegedly showing bias against her, which the SC said was “designed to affect the results of the Court’s collegial vote and influence public opinion.”
“This wrongful actuation [exemplifies] a poor regard for the judicial system and may amount to conduct unbecoming of a Justice and a lawyer,” the SC said.
Sereno was given 10 days to comply with the show cause order.
The high court stressed that it is not being “unreasonably sensitive” on the matter.
“[W]hen aggressive actions are taken against the Judiciary as an institution and clouds of doubt are cast upon the people’s faith in the administration of justice, especially so when the same are perpetrated by members of the Bar, this Court cannot be apathetic to and is not helpless against such attacks, but the prudent thing to do is to stand and deal with it head on,” the landmark ruling read.
The ousted chief justice, in several of her public remarks, has accused six justice of showing bias against her.
She has filed six separate motions for inhibitions against Associate Justices Teresita de Castro, Diosdado Peralta, Lucas Bersamin, Francis Jardeleza, Noel Tijam and Samuel Martires.
Not one of the justices inhibited from the ruling on the quo warranto on Friday.
READ: SC asks Sereno to explain why she shouldn't be punished for 'ill motives' vs justices
SC on disbarment
The SC may institute a disbarment case motu propio or on its own discretion.
Under Rule 139 of the Rules of Court, the tribunal may refer the case to the solicitor general or to any officer of the SC or judge of the lower court.
"Based upon the evidence adduced at the investigation, the Solicitor General or other Investigator designated by the [SC] shall submit to the [SC] a report containing his findings of fact and recommendations for the final action of the [SC]," Section 14 of Rule 139 provides.
The SC may also sanction a lawyer with a suspension of license.
During the deliberation on Solicitor General Jose Calida’s quo warranto petition on Friday, the SC also tackled whether Sereno violated the Constitution for her failure to file her Statements of Assets, Liabilities and Net Worth.
Nine justices voted yes, while the other five did not express an opinion on the issue.
Integrated Bar of the Philippines President Abdiel Fajardo earlier said that the disbarment or any other sanction against a lawyer is “proportionate to the alleged offense.”
“Normally, offensive language is sanctioned only with [a] reprimand, fine or light suspension,” added Fajardo.
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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