NEGRENSES were dismayed and saddened over the ouster of Chief Justice Maria Lourdes Sereno.
The Supreme Court (SC) granted the quo warranto petition seeking to invalidate Sereno's appointment in 2012 through 8-6 votes.
Lawyer Arnel Lapore, president of the Integrated Bar of the Philippines- Negros Occidental chapter, said that several lawyers in the province including himself are disappointed with the removal of Sereno through a quo warranto which they did not learn in Law.
Lapore said the decision was very unfortunate with only one vote needed to tie the voting in order to dismiss the petition.
"Be that as it may. That's the decision of the SC. We'll respect that as a member of the Bar and IBP-Negros Occidental respects that decision only that is unprecedented that it never happened in the history of the Supreme Court and it might create a very bad precedent on succeeding similar cases especially involving officials who can only be removed through an impeachment process and we see this as a very divisive voting," Lapore lamented.
He said that he does not think if a motion for reconsideration would be applicable because the SC is the highest court for any case.
"Meantime being a practitioner of law we believe that the wisdom of the decision of the SC was reached by the majority and that our lives in the Judiciary will be good because this is a very unprecedented resolution that several lawyers in Negros are surprised of the kind of petition filed by the Solicitor General. We know for a fact that there is already an impeachment case against the Chief Justice which could have been pushed through because that is the process provided by the Constitution and this one is amusing and on the vote of eight the SC sustained it against the very Chief Justice," Lapore pointed out.
“What is sad that the justices fired their fellow justice or Chief Justice for that matter. It's very unlikely that they belong to one family. I hope that this situation will not create further divisiveness in our Judicial System, political system and our daily lives in the midst of lack of employment, bad economy, problems on our OFWs and all these that our country is facing today. It adds to our challenges,” he added.
"So we just hope and pray that the order won't create disorder to our people. I am disappointed as a lawyer. We don't learn that from the College of Law. That's not in our practice," Lapore explained.
He said it is unfortunate that the justices appeared in the House proceedings when the probable cause for the impeachment was being determined.
"They were there and then here they are sitting as a judge in the proceedings. The wisdom is there if that is their ruling and the majority of the members of the Supreme Court see it that way. I hope it will not influence the propriety of the justices. I do believe that in the future the 8-6 votes decision may be reversed or reviewed when the right time comes," Lapore added.
Bacolod City Councilor Renecito Novero, a lawyer, said he was dismayed and saddened by what happened to Sereno.
"Personally, I do not want that it will happen to her and I would have opted for impeachment proceedings. Most of the commentators criticized that it cannot be avoided that there's a politics involved, but it is the decision of the SC, the highest court of the land, whether it's right or wrong that becomes part of the law of the land," he said.
He added: "although basically and primarily if it's constitutional official the process of their removal, it should be by way of impeachment. But if we also review the Rules of Court, it stated that if the validity of the appointment of the official is being questioned it may be subject to Quo Warranto."
Bacolod Councilor Caesar Distrito, also a lawyer, said all lawyers, legal students, and even ordinary educated persons know that impeachable officials can only be removed through an impeachment proceeding, and that is the Senate after the House will indict her.
"Quo Warranto proceedings cannot be used in the case of the Chief Justice. In fact, the constitution provides the qualification of the Chief Justice, and not one of those qualifications refers to the submission of a Statement of Assets, Liabilities, and Net worth (SALN)," he said.
Distrito noted that under the Rules of Court, quo warranto proceedings can only be filed within one year from the appointment.
"This is therefore not the rule of law that prevails, but the rule of Gods in Padre Faura," Distrito said.
Negros Occidental Third District Representative Alfredo Benitez, when asked for a comment, said that the decision of the SC saves Congress time and taxpayers money.
The impeachment against Sereno would be moot and academic after the SC rendered their decision to remove her, he added.