MANILA (Updated) -- The Supreme Court voted 8-6 Friday, May 11, to oust Chief Justice Maria Lourdes Sereno.
In a landmark decision, the country’s highest court granted the quo warranto petition of Solicitor General Jose Calida to invalidate the appointment of Sereno as chief justice. The decision is immediately executory, said SC spokesperson Theodore Te.
"Maria Lourdes Sereno is found disqualified from and is hereby adjudged guilty of unlawfully holding and exercising the office of the Chief Justice," the decision read.
The justices who voted in favor of the petition were Diosdado Peralta, Francis Jardeleza, Lucas Bersamin, Andres Reyes, Noel Tijam, Samuel Martires, Alexander Gesmundo, and Teresita Leonardo-De Castro.
Those who voted against were acting Chief Justice Antonio Carpio and Associate Justices Marvic Leonen, Alfredo Benjamin Caguioa, Mariano del Castillo, Presbitero Velasco Jr., and Estela Bernabe.
At the same time, the court ordered the Judicial and Bar Council (JBC) to open nominations for Chief Justice.
Te said Sereno was ordered to show cause within 10 days from receipt of the order on "why she should not be sanctioned for violating the Code of Professional Responsibility and the Code of Judicial Conduct for transgressing the sub judice rule and for casting aspersions and ill motives to the members of the SC."
On whether quo warranto is the proper remedy to oust the Chief Justice, Te said the SC voted 9-5.
Those who said yes were Velasco, De Castro, Peralta, Bersamin, Jardeleza, Martires, Tijam, Reyes Jr. ad Gesmundo.
Carpio, Del Castillo, Perlas Bernabe, Leonen and Caguioa voted no.
Nine justices also expressed their opinion on whether Sereno violated the Constitution for failure to file her Statement of Assets, Liabilities and Networth (SALN), added Te.
The quo warranto petition cited Sereno’s alleged failure to file her SALN in compliance with the requirements of the JBC when she applied for the post in 2012.
The ruling was rendered a month after the court heard on April 10 oral arguments on the petition while in session in Baguio City.
With this SC decision, the House of Representatives is expected to terminate impeachment proceedings against Sereno.
House Speaker Pantaleon Alvarez earlier said they would have “nobody to impeach” if the court rules in favor of the quo warranto petition.
The House justice committee, which conducted the impeachment proceedings, has prepared the articles of impeachment and its committee report against Sereno. These are awaiting approval by the plenary for endorsement to the Senate for trial.
Alvarez earlier said he would heed the call of President Rodrigo Duterte to fast-track Sereno’s impeachment.
The House was to vote on the articles of impeachment when they resume session on May 15. (MVI/LMY/SunStar Philippines)