Saturday, May 28, 2022
manilastandard.net
ADVERTISEMENT
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
  • Others
    • Pets
    • Pop.Life
      • Newsmakers
      • Hangouts
      • A-Pop
      • Post Its
      • Performances
      • Malls & Bazaars
      • Hobbies & Collections
    • Technology
      • Gadgets
      • Computers
      • Business
      • Tech Plus
    • MS ON THE ROAD
      • Sedan
      • SUV
      • Truck
      • Bike
      • Accessories
      • Motoring Plus
      • Commuter’s Corner
    • Home & Design
      • Residential
      • Commercial
      • Construction
      • Interior
    • Spotlight
    • Gallery
      • Photos
      • Videos
    • Events
      • Seminars
      • Exhibits
      • Community
    • Biyahero
      • Travel Features
      • Travel Reels
      • Travel Logs
  • Advertise with Us
No Result
View All Result
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
  • Others
    • Pets
    • Pop.Life
      • Newsmakers
      • Hangouts
      • A-Pop
      • Post Its
      • Performances
      • Malls & Bazaars
      • Hobbies & Collections
    • Technology
      • Gadgets
      • Computers
      • Business
      • Tech Plus
    • MS ON THE ROAD
      • Sedan
      • SUV
      • Truck
      • Bike
      • Accessories
      • Motoring Plus
      • Commuter’s Corner
    • Home & Design
      • Residential
      • Commercial
      • Construction
      • Interior
    • Spotlight
    • Gallery
      • Photos
      • Videos
    • Events
      • Seminars
      • Exhibits
      • Community
    • Biyahero
      • Travel Features
      • Travel Reels
      • Travel Logs
  • Advertise with Us
No Result
View All Result
manilastandard.net
No Result
View All Result
Home Opinion Columns Eagle eyes by Tony La Vina

Dissents in Republic vs Sereno

Tony La ViñabyTony La Viña
June 9, 2018, 12:40 am
in Eagle eyes by Tony La Vina
Reading Time: 4 mins read
A A
93
SHARES
Share on FacebookShare on TwitterShare on Email

Six justices registered their dissent to the majority opinion in the Supreme Court decision granting the quo warranto petition against Chief Justice Maria Lourdes Sereno. These are Justices Antonio Carpio, Marvic Leonen, Benjamin Caguioa, Estelita Perlas-Bernabe, Mariano del Castillo, and Presbitero Velasco.

Removing Sereno from her seat without undergoing an impeachment trial in the Senate “is a legal abomination,” Associate Justice Leonen said in his dissenting opinion. Further in his dissent, Leonen warned of the precedent the landmark decision set—a “grave” diminishing of judicial independence and a “threat” to the SC’s ability to assert Filipinos’ fundamental rights. Granting the quo warranto petition is to render the Court subservient to an aggressive Solicitor General. To him, the solution to address the problems relating to a Chief Justice is for the Court to call her out or for her to be tried using the impeachment process if any of her actions amounts to the grave offenses enumerated in the Constitution. She also has the alternative to have the grace and humility to resign from her office to protect the institution from a leadership which may not have succeeded to address the divisiveness and the weaknesses within. Granting a Petition for Quo Warranto against the Chief Justice—an impeachable officer —is not the right way to address her inability to gain the respect of the branch of government that she was entrusted to lead, he added.

For his part, Justice Caguioa was of the opinion that the High Court did itself and its members a “disservice” by its failure to resolve its leadership issue internally. “This case marks the time when the Court commits seppuku —without honor,” Caguioa wrote. He opined that quo warranto is not a mode for removal of impeachable officials under the Constitution. And even assuming quo warranto is available, the alleged non-submission or incomplete submission of SALN to the JBC is not a valid ground to question the eligibility of the respondent, the SALN not being a constitutional requirement for the position of Chief Justice.  Besides, according to him, the one-year prescriptive period for the filing of quo warranto lapsed one year after the appointment of or assumption of office by the respondent as Chief Justice in 2012.

According to Justice del Castillo, the decision of the majority has granted the SolGen powers to “remake the composition” of the high court, “causing the removal of its members.” He likened the power of the SolGen to a Sword of Damocles over the heads of these officers, the Filipino people cannot be assured that they will discharge their constitutional mandate and functions without fear or favor. Without such assurance, there can be no guarantee that the primordial interest of the sovereign people is promoted.” For him, the SolGen’s move was a form of “constitutional adventurism.”

Justice Bernabe wrote in her dissenting opinion that the OSG should have questioned the discretion of the Judicial and Bar Council to include Sereno in the shortlist of chief justice applicants. She pointed out that the OSG “voluntarily admitted that the JBC’s grave abuse of discretion is not at all an issue. Despite voting for the retention of Sereno, Bernabe said she made no claim that Sereno “is or is not a person of integrity x x x In fact, if there is one thing that is glaringly apparent from these proceedings, it is actually the lack of respondent’s candor and forthrightness in the submission of her SALNs. Integrity must be threshed out in the appropriate case for certiorari,” Bernabe said.

ADVERTISEMENT

Justice Velasco observes: “There was no attempt to assail and contest much less nullify the JBC’s findings that the respondent possessed all qualifications, the JBC’s decision must stand.” While Velasco agreed to quo warranto as a proper remedy, he clarified that the one year prescribed period for filing such petition had lapsed. He said that Sereno’s nomination and appointment “has not been timely challenged, much less nullified,” and that “the findings and qualifications should be respected.”                                  

Finally, Senior Associate Justice Carpio, now acting chief justice after the ouster of Sereno, voted also to dismiss the quo warranto petition. Carpio opined that not only did Sereno allegedly fail to file her SALNs, she also committed an impeachable offense because of it. However, there is only one remedy against the Chief Justice – impeachment.

According to Carpio:

“The House impeaches, and the Senate convicts. This is the only method allowed under the Constitution to remove a member of this Court. To allow any other method is to re-write the Constitution. To permit this quo warranto petition to remove an incumbent member of this Court is to violate the Constitution.

The grounds for impeachment are: culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, and betrayal of public trust.

The catch-all phrase “betrayal of public trust” covers every conceivable misconduct by an impeachable officer, whether committed while in government service before the appointment, at the time of application for the office, or after appointment to office. Any misrepresentation on material matters at the time of application for office is an integrity issue subsumed under the phrase “betrayal of public trust.”

As I pointed out earlier, the repeated failure to file SALNs constitutes culpable violation of the Constitution and betrayal of public trust, grounds for removing an impeachable officer. While the failure to file SALNs may also raise questions on the integrity, and thus the qualification, of an applicant for Justice of the Supreme Court, the relevant applicable violation, for purposes of removing such impeachable officer once already in office, is culpable violation of the Constitution and betrayal of public trust. Only Congress, through the impeachment process, can remove an impeachable officer on these grounds

If a court finds that an impeachable officer has committed an impeachable act, the court should refer the matter to Congress, for Congress to exercise its exclusive mandate to remove from office impeachable officers. No court, not even this Court, can assume the exclusive mandate of Congress to remove impeachable officers from office.”

In the next column, citing her motion for reconsideration, I will present the case of the Chief Justice, her legal arguments which is consistent with the dissent and her version of the facts which directly contradict Justice Carpio’s conclusions about her having committed an impeachable offense.

Facebook: tonylavs Twitter: tonylavs

Tags: Antonio CarpioBenjamin CaguioaEstelita Perlas-BernabeMaria Lourdes SerenoMariano del CastilloMarvic LeonenPresbitero VelascoRodrigo DuterteSupreme Court
ADVERTISEMENT
Tony La Viña

Tony La Viña

Related Posts

Ascension is assured

byTony La Viña
May 28, 2022, 12:10 am
0
205
Denying Villafuerte justice

"By sending the Holy Spirit, Jesus becomes our advocate." Tomorrow is Ascension Sunday. In the Gospel reading Jesus said to...

Read more

Truly the best Bar exams

byTony La Viña
May 24, 2022, 12:05 am
0
942
Denying Villafuerte justice

"The objective is to measure whether the Bar taker possesses the minimum skills, knowledge and competence to practice the legal...

Read more

Understanding the Marcos victory

byTony La Viña
May 17, 2022, 12:05 am
0
1.5k
Denying Villafuerte justice

"As much as I do not like it, I wish presumptive President Ferdinand Marcos. Jr. the best in the years...

Read more

National unity after the elections

byTony La Viña
May 14, 2022, 12:10 am
0
571
Denying Villafuerte justice

"I give you a new commandment: love one another. As I have loved you, so you also should love one...

Read more

Turbulent days ahead for the country

byTony La Viña
May 10, 2022, 12:05 am
0
1.3k
Denying Villafuerte justice

"The poor and the basic sectors above all must be represented in that coalition of the willing." I submitted this column...

Read more

Our good shepherd

byTony La Viña
May 7, 2022, 12:10 am
0
345
Denying Villafuerte justice

"Reject the dishonest, ill prepared, corrupt, immoral, and the selfish." The Gospel reading for the fourth Sunday of Easter is...

Read more

Stories you may like

  • Ex-Naga dad links Leni’s brother-in-law to illegal drugs

    Ex-Naga dad links Leni’s brother-in-law to illegal drugs

    36107 shares
    Share 14443 Tweet 9027
  • Of course, it was BBM’s project

    30453 shares
    Share 12181 Tweet 7613
  • INC endorses BBM, Sara

    28702 shares
    Share 11481 Tweet 7176
  • Duterte’s seven biggest achievements

    19498 shares
    Share 7799 Tweet 4875
  • Marcos leads SWS survey on presidentiables at 50%

    13549 shares
    Share 5420 Tweet 3387

Print Edition

View More

Recent Posts

  • Sansó’s surrealist fabric designs transform into fashionable ensembles
  • Ateneo Press’ new titles on Philippine heritage
  • Travel the world through coffee
  • Four reasons why ‘Hot Summer in Baler’ is this season’s must-watch
  • Matt Lozano sings through a broken heart in latest single ‘Kwarto’
  • Arthur Miguel shares post-breakup remedy ‘Kupido’
  • Newest adventure in the Wizarding World premieres on HBO GO
  • Finance expert wants to transform PH banking

Advertisement

Latest News

Arthur Miguel shares post-breakup remedy ‘Kupido’

byManila Standard Showbiz
May 28, 2022, 7:00 pm
0
133
Newest adventure in the Wizarding World premieres on HBO GO

Promising artist Arthur Miguel shares his thoughts on personal relationships in his latest single “Kupido,” which brings together his pop...

Read more

Newest adventure in the Wizarding World premieres on HBO GO

byManila Standard Showbiz
May 28, 2022, 6:50 pm
0
134
Newest adventure in the Wizarding World premieres on HBO GO

Warner Bros. Pictures’ Fantastic Beasts: The Secrets of Dumbledore, the newest adventure in the Wizarding World created by J.K. Rowling,...

Read more

Finance expert wants to transform PH banking

byRoderick T. dela Cruz
May 28, 2022, 6:40 pm
0
150
Developer offers downpayment deals

A Singapore-based financial technology startup, led by banking veteran Manish Bhai, wants to transform banking in the Philippines and serve...

Read more

Summit Natural Drinking Water: Fueling Filipino athletes’ #thirstforgold in SEA Games

byManila Standard Sports
May 28, 2022, 6:31 pm
0
136
Summit Natural Drinking Water: Fueling Filipino athletes’ #thirstforgold in SEA Games

Olympic gold medalist Hidilyn Diaz, Asia's best pole vaulter Ernest John Obiena and the Philippine Women's National Football Team fueled...

Read more

Bottler, SBCorp sign deal to help MSMEs

byOthel V. Campos
May 28, 2022, 6:20 pm
0
131
Developer offers downpayment deals

Coca-Cola Beverages Philippines Inc., the bottling arm of Coca-Cola in the country, signed a partnership agreement with Small Business Corp....

Read more

Advertisement

ADVERTISEMENT
Facebook Twitter Instagram Youtube

ABOUT US

Manila Standard

Manila Standard website (manilastandard.net), launched in August 2002, extends the newspaper’s reach beyond its traditional readers and makes its brand of Philippine news and opinion available to a much wider and geographically diverse readership here and overseas.

Digital Edition

In tone and content, the online edition mirrors the editorial thrust of the newspaper. While hewing to the traditional precepts of fairness and objectivity, MS believes the news of the day need not be staid, overly long or dry. Stories are succinct, readable and written in a lively style that has become a hallmark of the newspaper.

Download – Today’s Paper

Search

No Result
View All Result

6th Floor Universal Re Bldg., 106 Paseo De Roxas cor. Perea Street, Legaspi Village, 1226 Makati City Philippines

Trunklines: 832-5554, 832-5556, 832-5558

© 2021 Manila Standard - Designed and Developed by Neitiviti Studios.

No Result
View All Result
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
  • Pop.Life
    • Newsmakers
    • Hangouts
    • A-Pop
    • Post Its
    • Performances
    • Malls & Bazaars
    • Hobbies & Collections
  • Technology
    • Gadgets
    • Computers
    • Business
    • Tech Plus
  • MS ON THE ROAD
    • Sedan
    • SUV
    • Truck
    • Bike
    • Accessories
    • Motoring Plus
    • Commuter’s Corner
  • Home & Design
    • Residential
    • Commercial
    • Construction
    • Interior
  • Spotlight
  • Gallery
    • Photos
    • Videos
  • Events
    • Seminars
    • Exhibits
    • Community
  • Biyahero
    • Travel Features
    • Travel Reels
    • Travel Logs
  • Pets
  • Advertise with Us

© 2021 Manila Standard - Designed and Developed by Neitiviti Studios.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Install Manila Standard Web App

Install App