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Supreme Court Decision on Quo Warranto Case Against CJ Sereno

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Supreme Court Decision on Quo Warranto Case Against CJ Sereno ! ! ! Quo Warranto Case Against CJ Sereno EXCERPTSDIGEST: SUPREME: SUPREME COURT COURT DECISION DECISION The digestThe excerpts printed printed below wasbelow prepared were prepared by the Ateneo by the Ateneode Manila de ManilaUniversity School School of Law of Law.. Republic of the Philippines v. Maria Lourdes Sereno G.R. No. 237428, 11 May 2018 Ponente: Associate Justice Noel Tijam Facts: The Republic of the Philippines, represented by Solicitor General Jose C. Calida, filed a Petition for the issuance of the extraordinary writ of quo warranto to declare void Respondent Sereno’s appointment as Chief Justice of the Supreme Court (SC) and to oust and altogether exclude her therefrom. Respondent served as a member of the faculty of the UP College of Law (UP) from 1986 to 2006. She also served as legal counsel for the Republic of the Philippines for several agencies from 1994 until 2009. On July 2010, Respondent submitted her application for the position of Associate Justice of the SC. Despite the span of 20 years of employment with UP from 1986 to 2006 and despite having been employed as legal counsel of various government agencies from 2003 to 2009, records from the UP Human Resources Development Office, Central Records Division of the Office of the Ombudsman, and the Office of Recruitment Selection and Nomination (ORSN) of the Judicial and Bar Council (JBC) show that the only Statements of Assets, Liabilities, and Net Worth (SALN) available on record and filed by Respondent were those for the years 1985, 1989, 1990, 1991, 1993, 1994, 1995, 1996, 1997, 1998, and 2002, or only 11 out of 25 SALNs that ought to have been filed. No SALNs were filed from 2003 to 2006 when she was employed as legal counsel for the Republic. Neither was a SALN filed when she resigned from U.P. College of Law as of 1 June 2006 and when she supposedly re-entered government service as of 16 August 2010. Respondent was appointed Associate Justice in August 2010 by President Benigno Aquino III. When the position for Chief Justice was declared vacant in 2012, the JBC announced the opening for applications and nominations, requiring applicants to submit all previous SALNs up to 31 December 2011 (instead of the usual last two years of public service) and stating that, “applicants with incomplete or out-of-date documentary requirements will not be interviewed or considered for nomination.” Respondent accepted several nominations for the position of Chief Justice, and submitted requirements in support thereof. On 20 July 2012, the JBC in a special meeting en banc deliberated on nominees with incomplete documentary requirements. The minutes of the deliberation show that Respondent has not submitted her SALNs for a period of ten years, from 1986 to 2006, the duration for which, according to Senator Escudero (ex officio member of the JBC), she was a professor in UP and was therefore required to submit SALNs. Apart from Respondent, several other candidates had incomplete documents such that the JBC En Banc agreed to extend the deadline for submission. It also delegated to the Execom the determination of whether or not the ! ! candidate has substantially complied, failure to do so resulting in the exclusion from the list of candidates to be interviewed and considered for nomination. Pursuant to this, the OSRN required Respondent to submit her SALNs for the years 1995-1999, the period within which she was employed by UP. Respondent replied through a letter that considering that such government records in UP are more than 15 years old, “it is reasonable to consider it infeasible to retrieve all those files.” She also assured OSRN that UP has cleared her of all responsibilities, accountabilities, and administrative charges in 2006. Lastly, she emphasized that her service in the government was not continuous, having had a break between 2006 (when her service in UP ended) and 2010 (when she was appointed to the SC). Such letter was not examined or deliberated upon by the JBC. Neither can the JBC Execom produce minutes of the deliberations to consider the issue of substantial compliance with documentary requirements. However, despite having submitted only three SALNs (2009-2011), the Report regarding documentary requirements and SALNs of candidates shows that her name was annotated with “COMPLETE REQUIREMENTS”, noting her letter that it was infeasible to retrieve all files. The same annotation was found in another list regarding SALN submissions of 20 candidates, including Respondent. Respondent was appointed by President Benigno Aquino III on 25 August 2012. Five years later, an impeachment complaint was filed by Atty. Larry Gadon with the House Committee of Justice. Included in the complaint was the allegation that Respondent failed to make a truthful statement of her SALNs. Such complaint filed in the House spawned a letter dated 21 February 2018 of Atty. Eligio Mallari to the OSG requesting the latter to initiate a quo warranto proceeding against Respondent. Case for the Petitioner: The OSG (Petitioner) argues that quo warranto is an available remedy in questioning the validity of Respondent’s appointment, and that the one-year bar rule does not apply against the State. It also argues that the SC has jurisdiction over the petition. The petition alleges that the failure of Respondent to submit her SALNs as required by the JBC disqualifies her, at the outset, from being a candidate for the position of Chief Justice. Lacking the required number of SALNs, Respondent has not proven her integrity, which is a requirement under the Constitution. The Republic thus concludes that since Respondent is ineligible for the position of Chief Justice for lack of proven integrity, she has no right to hold office and may therefore be ousted via quo warranto. Case for the Respondent: Respondent, on the other hand, argues that the Chief Justice may only be ousted from office by impeachment on the basis of the Constitution and a long line of jurisprudence. Alternatively, she argues that the present petition is time-barred, as it should have been filed within one year from the cause of ouster, and not from the discovery of the disqualification. It is likewise the contention of Respondent that public officers without pay or those who do not receive compensation are not required to file a SALN. Thus, Respondent argues that for the years that she was on official leave without pay, she was actually not required to file any SALN. She adds that to require the submission of SALNs as an absolute requirement is to expand the qualifications provided by the Constitution. Respondent urges the Court to apply in her favor the case of Concerned Taxpayer v. Doblada, Jr., and deem as sufficient and acceptable her statement that she “maintains that she consistently filed her SALNs.” Respondent argues that the Court’s rationale in Doblada that one cannot readily conclude failure to file SALNs simply because these documents are missing in the Office of the Court Administrator's files should likewise be made applicable to her case. 1 ! In Respondent’s Reply, she also raised the issue of forum-shopping against Petitioner. Motions for Inhibition: Respondent filed motions for the inhibition of five Justices (Bersamin, Peralta, Jardeleza, Tijam, and Leonardo- de Castro), imputing actual bias for having testified in the House Committee for Justice on the impeachment complaint and on Justice Tijam for allegedly stating, in a Manila Times article, that Respondent is in culpable violation of the Constitution if she continues to ignore the impeachment process. She alleged that their testimonies show that they harbored personal resentment and ill feelings towards her, and that she has already been pre-judged by some as having committed a culpable violation of the Constitution for having failed to submit her SALNs, among others. She also sought to disqualify Justice Martires for his insinuations during the Oral Arguments questioning her mental and psychological fitness. Issues: A. Preliminary Issues 1. Whether the grant of the motions to intervene is proper. 2. Whether the grant of the motions for inhibition against the Associate Justices on the basis of actual bias is proper. B. Substantive Issues 1. Whether the Court can assume jurisdiction and give due course to the instant petition for quo warranto against Respondent who is an impeachable officer and against whom an impeachment complaint has already been filed with the House of Representatives; 2. Whether the petition is dismissible outright on the ground of prescription; 3. Whether Respondent is eligible for the position of Chief Justice: a. Whether the determination of a candidate’s eligibility for nomination is the sole and exclusive function of the JBC, and whether such determination partakes of the character of a political question outside the Court’s supervisory and review powers; b. Whether Respondent failed to file her SALNs as mandated by the Constitution and required by the law and its implementing rules and regulations; and if so, whether the failure to file SALNs voids the nomination and appointment of Respondent as Chief Justice; c. Whether Respondent failed to comply with the submission of SALNs as required by the JBC; and if so, whether the failure to submit SALNs to the JBC voids the nomination and appointment of Respondent as Chief Justice; and d. In case of a finding that Respondent is ineligible to hold the position of Chief Justice, whether the subsequent nomination by the JBC and the appointment by the President cured such ineligibility. 4. Whether Respondent is a de jure or de facto officer. 2 ! Ruling on the Preliminary Issues: 1. Motions for Intervention The Court noted the IBP’s intervention and resolved to deny the motions for intervention filed by several other groups.
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