Ayaw din lang tumigil ni
ousted Chief Justice Maria Lourdes Sereno at ng
mga kakampi niya sa PAGIINGAY, heto pa ang isang MALINAW AT SIMPLENG
PALIWANAG kung bakit NARARAPAT SIYANG TANGGALIN.
The author is lawyer Arturo
de Castro, holder of a doctoral degree in law from one of the most prestigious universities
in the US and professor of various subjects on law in the University of the Philippines,
Ateneo de Manila University and other top schools in the country. He is also a
bar exam reviewer, author of more than a dozen books and a highly-respected
lecturer both here and abroad. Except for some minor deletions to condense the
post, I am coming out with it WORD FOR WORD. This is the link: http://www.thedailysentry.net/2018/05/up-cum-laude-supports-sereno-ouster-it.html
Ma. Lourdes Sereno is not
qualified to be Chief Justice of the Supreme Court. She does not have
administrative talent to earn the respect of the other justices, and she failed
the constitutional standards of honesty and integrity by failing to comply with
the constitutional and statutory requirements for the submission of the
SALN—for which the lowly court interpreter in Rabe v. Flores, Adm.Matter No.
P-97-1247, May 14, 1997, and a former Chief Justice were dismissed from office.
Should a motion for reconsideration be filed,
the same would be an exercise in futility because the Supreme Court (SC) majority
decision is based on solid constitutional and legal foundation. The
requirements of honesty, integrity, and transparency under the constitutional
provisions on Public Accountability as enforced and implemented under the Code
of Conduct and Ethical Standards for Public Officials and Employees (RA 6713)
requiring submission of Statement of Assets and Liabilities and Net Worth
(SALN) are indispensable qualifications for appointment as Chief Justice, the
post being in itself also a high public office.
Under the Constitution, a
public office is a public trust. The submission of a declaration under oath of
a public officer or employee’s assets, liabilities, and net worth not only upon
assumption of office but also as may be required by law, is a mandatory
requirement under Section 17, Article XI of the Constitution. The JBC rules
requiring applicants for the Chief Justice post to submit their previous SALNs
has the binding force of law. Any public official who fails to disclose his/her
assets and net worth in the SALN is disqualified under the Constitution and the
Code of Conduct and Ethical Standards for Public Officials and Employees to be
appointed Chief Justice for lack of proven integrity.
The claim of bias and
prejudice on the part of the magistrates would not hold. The case was decided
on the merit under the letter and spirit of the Constitution and the law. There
is no grave abuse of discretion or error in judgment committed by the justices
sought to be inhibited. There is no bias and partiality because the decision is
based on the merit under the Constitution and the law. The Supreme Court being
the final arbiter in our system of government, it is fundamentally important
that issues of national significance and consequence be determined, whenever
possible, by the full Court.
Atty. Ma. Lourdes Sereno is
barking up the wrong tree in accusing President Duterte in unseating her from
the Supreme Court. There is absolutely nothing in the evidence to prove the
accusation against the President. The President, being a lawyer, is fully
cognizant of the principle of separation of powers, and does not interfere to
influence the decision making of the Supreme Court. This is manifested in the
aborted mayoralty recall election in Cabadbaran City, Agusan del Norte. The
COMELEC already issued a resolution for the recall election in Cabadbaran City,
where Judy Amante—a candidate for mayor against incumbent mayor, Katrina
Mortola—is supported by President Duterte, as is evident in the large
billboards all over Cabadbaran City. President Duterte had no influence over
the Supreme Court which, by a vote of 14 to 0, issued a Temporary Restraining
Order enjoining the recall election for mayor in Cabadbaran City.
The subsequent actions of
Atty. Sereno affirms her disqualification to sit as Chief Justice of the
Supreme Court. She claimed bias against the six (6) justices who testified
against her in the impeachment proceedings, without contesting the facts that
these magistrates disclosed therein, and without pointing out what is wrong
with the decision that should demonstrate that the decision on the merit was
rendered unfairly and with partiality and prejudice against her.
When Sereno was a Professor
at the UP College of Law, she did not attend more than 80% of the class she
taught, which eventually led to her resignation. I have personal knowledge of
this fact because I was the lawyer who filed the complaint against her on
behalf of an aggrieved student to whom she gave a failing grade. The complaint
was that a professor who was absent more than 80% of the time has no right to
flunk anyone. Like black mail, Professor Sereno produced a list of Professors
who were similarly mostly absent like her. Fortunately, the law student was
enrolled provisionally, made good, graduated, passed the Bar, and is now a
lawyer. 30
