OPINION: Is Sereno still part of SC even though she was ousted as Chief Justice?

Raïssa Robles

Posted at May 14 2018 05:11 PM

The Supreme Court decision ousting Maria Lourdes Sereno was very specific.

She was being ousted as CHIEF JUSTICE.

By a vote of 8-6, her appointment as CJ was declared void.

If her appointment as CJ was voided, but nothing was said about her being permanently barred from holding any public office, does this mean she reverts back to her previous status?

As sitting Associate Justice of the Supreme Court?

IMPORTANT UPDATE: 

I just read the 153-page decision of Associate Justice Noel Tijam and noticed a very interesting thing.

Associate Justice Francis Jardeleza, who was counted as having voted “YES” to the quo warranto, DID NOT SIGN THE DECISION!

Here is what is stated above his name. According to justice beat reporter Marlon Ramos of Philippine Daily Inquirer, sources said Jardeleza was abroad and had left his “YES” vote.

So did Justice Estela Bernabe but in her case, she had left a “NO” vote. Sources had earlier told Marlon that both had left “YES” votes. 

Still, let’s hear from Jardeleza. 

I will write about the decision as soon as I finish another deadline. 

FURTHER UPDATE: . 

I just read the 43-page “Opinion” written and submitted by Justice Jardeleza on May 11. It is mostly about himself and why he does not deserve to be called a “traitor” by Sereno but Sereno deserves to be called THAT.

In the end, on page 34 however, his “Opinion” merely states that he had decided not to inhibit himself from the Sereno case. In other words, he was denying Sereno’s Motion for Inhibition. 

HE WROTE:

"WHEREFORE, the foregoing premises considered, the Ad Cautelam Respectful Motion for Inhibition of Hon. Associate Justice Francis H. Jardeleza filed by Respondent Maria Lourdes P.A. Sereno is hereby DENIED. SO ORDERED."

That was all he said. 

The rest of the pages (35 to 43) contain a speech that he had delivered in 2016 on the issue.

Please note that JARDELEZA’S OPINION DID NOT SAY WHETHER OR NOT HE WAS VOTING “YES” OR “NO” TO OUST SERENO THROUGH A QUO WARRANTO. He hardly mentioned Sereno’s SALNs [Statements of Assets Liabilities and Net Worth]. 

He had merely left a “YES” vote, thus making the vote eight in favor of ousting Sereno and six not in favor.

Here is a video blog I made about the implications of the CLOSE VOTE to oust Sereno.

Watch more in iWantv or TFC.tv

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Disclaimer: The views in this blog are those of the blogger and do not necessarily reflect the views of ABS-CBN Corp.