Last week historical move by the magistrates of the Supreme
Court in ousting the sitting Chief Justice by way of a quo warranto proceeding will
be forever etched in the annals of Philippine history.
As soon as the decision was made to the public, the
opposition readily made insinuations that the ouster move were the handiwork of
President Rodrigo Roa Duterte- since the Solicitor General Jose Calida is a
Duterte appointee.
Claiming that the justices that voted to ouster Chief
Justice Maria Lourdes Sereno, are in
Duterte’s payroll is completely no is done right a lie and a direct disrespect
for these seasoned justices.
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| Former Chief Justice Maria Loudes Sereno in front of the Supreme Court (photo credit to owner) |
The Supreme Court addressed this issue in its 153-paged
decision, written by Associate Justice Tijam. The high court stressed it
decides “based on the merits of a case” and its justices “are beholden to no
one” except to the people.
Below is the excerpt of the decision.
“In the same vein, insinuations that the Justices of the
Supreme Court are towing the line of President Rodrigo Roa Duterte in
entertaining the quo warranto petition must be struck for being unfounded and
for sowing seeds of mistrust and discordance between the Court and the public.
The Members of the Court are beholden to no one, except to the sovereign
Filipino people who ordained and promulgated the Constitution. It is thus
inappropriate to misrepresent that the Solicitor General who has supposedly met
consistent litigation success before the Supreme Court shall likewise
automatically and positively be received in the present quo warranto
action.
"That the Court spares the Solicitor General the rod
is easily dispelled by the Court's firm orders in G.R. Nos. 234359 and 234484
concerning alleged extra legal killings - a case directly concerning the
actuations of the executive department - to provide the Court with documents
relative to the Oplan Tokhang operations and by a uninamous vote, rebuked the
Solicitor General's plea for reconsideration. Suffice to say that the Court
decides based on the merits of a case and not on the actors or the supposed
benefactors involved.”
In granting the petition filed by the SolGen, the SC said it
found her “ineligible" to hold the Chief Justice post "for lack of
integrity on account of her failure to file a substantial number of SALNs and
also, her failure to submit the required SALNs to the JBC during her
application for the position.”
“[O]ne of the Constitutional duties of a public officer is
to submit a declaration under oath of his or her assets, liabilities, and net
worth upon assumption of office and as often thereafter as may be required by
law. When the Constitution and the law exact obedience, public officers must
comply and not offer excuses,” the decision stressed.
"When a public officer is unable or unwilling to
comply, he or she must not assume office in the first place, or if already holding
one, he or she must vacate that public office because it is the correct and
honorable thing to do,” it added.
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Report from ABS-CBN News
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