A UN human rights official has expressed grave concerns about public threats issued by President Rodrigo Duterte against ousted chief justice Maria Lourdes Sereno just before her dismissal, saying it was a chilling message to judges and a serious threat to judicial independence.
In a statement, the UN Human Rights Office of the High Commissioner noted that the decision of the Supreme Court to oust Sereno on the basis of a quo warranto petition was issued two days after Duterte branded Sereno as his enemy and said she should be removed or resign.
“The unprecedented decision of the Supreme Court of the Philippines seems directly related to the threats made against the chief justice in relation to her professional activities in defense of the independence of the judiciary,” Special Rapporteur on the independence of judges and lawyers Diego Garcia-Sayán said.
On May 11, Supreme Court voted 8-6 to remove Sereno from her job on the grounds she had failed to file complete financial documents required.
Duterte has denied having had a hand in the quo warranto petition resulting in her dismissal.
“The derogatory statements and threats by President Duterte, which have been televised, broadcast on radio, and carried by newspapers, constitute a vicious attack on the independence of the judiciary,” García-Sayán said.
“Not only do they constitute direct intimidation of the chief justice; they also appear to have had have a ‘chilling effect’ on other Supreme Court justices, who may have been deterred from asserting their judicial independence and exercising their freedom of expression,” he added.
The human rights expert said international human rights standards on the independence of the judiciary provide that it is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.
“Ms. Sereno’s only fault was to write a polite letter to the President expressing her concern on the premature announcement of an informal investigation against seven judges accused in August 2016 of involvement in illegal drug activities,” García-Sayán said.
On April 13, 2018, Duterte called the Chief Justice “ignorant,” “dumb,” and a “coward.”
The President recalled how she had called on judges whom he had publicly declared to be involved in illegal drug activities not to surrender to authorities unless arrest warrants were issued against them.
The President was quoted as saying: “You really should be removed. You should have been removed way before. You are dumb. Your mother is a wh***. Give way. If I were you, I will resign.”
“The use of such derogatory language against the highest-ranking magistrate in the country sends a clear message to all judges of the Philippines: in the so-called ‘war on drugs,’ you’re either with me or against me,” the UN official said.
On May 30, Sereno filed a motion for reconsideration before the Supreme Court, alleging that the Supreme Court decision of May 11 was “null and void” because it violated her right to due process.
“The right to a fair trial presupposes the existence of an independent and impartial tribunal,” concluded the Special Rapporteur. “It is high time to adopt concrete measures to restore judicial independence, which is enshrined in the national constitution as well as in international human rights treaties.”
Opposition Senators Antonio Trillanes IV and Leila de Lima filed an appeal with the Supreme Court, asking the justices to reverse their decision to unseat Sereno.
In their appeal, the senators said the justices should dismiss the petition of Solicitor General Jose Calida for lack of jurisdiction or “at the very least, hold in abeyance any final action pending the impeachment proceedings.”
The petition repeated objections to the quo warranto proceedings, arguing that impeachable public officials such as Sereno may only be removed by impeachment, and that her removal by this method was unconstitutional.