Briefer on Quo Warranto

WHAT IS A QUO WARRANTO?

A Quo Warranto is a legal proceeding that questions the right of an individual to hold the office he/she occupies. It can be filed only within one year from the cause of ouster.

CAN QUO WARRANTO BE FILED AGAINST IMPEACHABLE OFFICERS SUCH AS CJ SERENO?

No. The Constitution is clear that impeachable Officers can only be removed through impeachment. Art. XI, Section 2 provides: “The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.”

The SC itself has affirmed in several rulings that impeachable officers such as the CJ can only be removed by impeachment. In Cuenco vs Fernan, A.M. No. 3135 February 17, 1988, the SC held: “There is another reason why the complaint for disbarment here must be dismissed. Members of the Supreme Court must, under Article VIII (7) (1) of the Constitution, be members of the Philippine Bar and may be removed from office only by impeachment (Article XI [2], Constitution).

To grant a complaint for disbarment of a Member of the Court during the Member’s incumbency, would in effect be to circumvent and hence to ran afoul of the constitutional mandate that Members of the Court may be removed from office only by impeachment for and conviction of certain offenses listed in Article XI (2) of the Constitution.”

In IN RE FIRST INDORSEMENT FROM HONORABLE RAUL M. GONZALEZ DATED 16 MARCH 1988 REQUESTING HONORABLE JUSTICE MARCELO B. FERNAN TO COMMENT ON AN ANONYMOUS LETTER-COMPLAINT (A.M. No. 88-4-5433 April 15, 1988), the Supreme Court interpreted Art. XI, Sec. 2 as follows: “Thus, the above provision proscribes removal from office of the aforementioned constitutional officers by any other method; otherwise, to allow a public officer who may be removed solely by impeachment to be charged criminally while holding his office, would be violative of the clear mandate of the fundamental law.”

Hence, a Quo Warranto is an illegal shortcut that is not allowed under the Constitution.

In addition, a Quo Warranto case against CJ Sereno can no longer be filed because the one year deadline to file it has lapsed. More than 5 years have already lapsed since her appointment in 2012.

WHY DID THE OSG FILE THE ILLEGAL QUO WARRANTO?

The House articles of impeachment against CJ Sereno failed the Constitutional test. None of the charges amounts to an impeachable offense. The impeachment case will further weaken in the Senate where the witnesses coddled by the House will be fully cross-examined. The Quo Warranto action filed by Solicitor General Jose Calida shows that the Duterte regime aims to remove CJ Sereno by any means, even if it violates the Constitution and the law.

Though he is well aware that Quo Warranto is not allowed, Calida filled his empty petition with inapplicable cases and technicalities. In layman’s terms, he has created a legal version of “fake news” that he is pushing on the public. For an officer of the law to purposely mislead people is a clear betrayal of public trust.

WHY MUST CJ SERENO BE REMOVED?

The balance of power in the SC tilts toward the Duterte and GMA appointees. CJ Sereno is outnumbered in major political cases. However, she remains an obstacle to this regime’s larger authoritarian agenda: to rewrite the Constitution and remain in power.

Note the following:

• The CJ is key to maintaining judicial independence. The CJ sets the agenda, presides at all hearings, controls what questions are to asked, and who can ask them). Her removal and the subsequent appointment of a Duterte CJ would allow for government control of all SC cases.
• The CJ’s removal will also allow the Duterte regime to control: – the SC as an institution (the CJ is administrative head of the SC) – judicial appointments (the CJ is head of the JBC and can bar the inclusion into the shortlist of the ambitious and the inept) – the Presidential Electoral Tribunal case between Bongbong Marcos and VP Leni Robredo (the CJ chairs the PET).

OUR BATTLE VS. AUTHORITARIAN AGENDA

To push his authoritarian agenda, Rodigo Duterte needs not only a pliant judiciary but an aggressive CJ sworn to push his agenda. Someone completely under his control who will not hesitate to sacrifice judicial independence for political expediency.

Several major charter change issues will come before the SC: how Congress will vote, how ChaCha will be carried out, its outcome if questioned, and any moves possibly made against the opposition.

A Duterte CJ and the Duterte-GMA High Court can sanitize the regime’s anti-democratic policies. Critical elements in the military who have so far stood against impunity might accept this pretense of legality, merely because it issues from the SC. CJ Sereno’s removal opens the door to one-man rule. It is crucial for democracy that she remain.

The Quo Warranto proceeding is a flagrant illegal short cut, but it is also an effective strategy to remove the CJ. The Justices who have axes to grind against her are ready to ignore the Constitution and the rule of law. Despite their clear biases, not one of them has inhibited from the case. They have brazenly denied all interventions. They have even summoned the CJ to answer their questioning.

The writing is on the wall. They are ready to destroy their own institution to remove the CJ. Since there is no legal remedy against a Quo Warranto order issued by the SC (Duterte has already said he will implement it), all democratic forces must unite against it.

We, the sovereign Filipino people, must make the SC realize that we stand firmly against the Quo Warranto petition. Clearly, the SC is ignoring legal arguments. It is up to the public to make them see reason.

We must initiate more actions and mobilize more people to defeat the Quo Warranto strategy. All sectors must unite.

We, the sovereign people, are the last bastion defending our freedoms. Let us join forces to protect our Constitution. Let us stand with the CJ and fight! Ang laban ni CJ ay laban ng bawa’t Pilipino. #QuoWarrantoIbasura #LabanCJ # KatotohananKatuwiranKatarungan