Professional Documents
Culture Documents
Sereno (2018)
Ponente: Tijam, J.
Facts:
- A writ of quo warranto to declare the appointment of CJ Sereno as void
- Impeachment case:
o Not filing some of her SALNs
o Jewelry (worth P15,000.00)
Issues:
o Sereno:
A chief justice can only be removed by impeachment.
And if a chief justice can be removed by a quo warranto, it will be an absurd
situation because a lower court does not have jurisdiction to conduct
disciplinary sanctions over a justice of a higher magistrate (it is against the
hierarchy of courts) Section 6 and 11 of Article VIII of the 1987
Constitution.
- JBC Ruling
o Sereno:
It’s a matter of a political question
o Supreme Court:
Have supervisory authority over the JBC which includes ensuring that the
JBC complies with its own rules.
- W/N SALN requirement is not complied with makes the appointment void
- Factual issue: did she really file?
o Sereno
o Supreme Court
- W/N the President’s appoint of Sereno cures her ineligibility
-