The ''quo warranto'' petition against Maria Lourdes Sereno, filed before the
Supreme Court of the Philippines, led to the
landmark case
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly ...
''Republic v. Sereno''
[Sometimes also titled ''Republic of the Philippines v. Maria Lourdes Sereno.''] (G. R. No. 237428),
which nullified
Maria Lourdes Sereno's appointment as
Chief Justice of the
Supreme Court of the Philippines, finding that she never lawfully held the office due to a lack of
integrity
Integrity is the practice of being honest and showing a consistent and uncompromising adherence to strong moral and ethical principles and values.
In ethics, integrity is regarded as the honesty and truthfulness or accuracy of one's actions. In ...
for failing to file certain required financial documents. As a result, she was ousted from the Supreme Court as Chief Justice. The Court handed down its ruling on May 11, 2018.
The case began with a filing before the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
of an
impeachment demand,
the accusations in which Solicitor General
Jose Calida used as the factual basis for his ''
quo warranto
In law, especially English and American common law, ''quo warranto'' (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or ...
'' petition.
Sereno had faced criticism from the administration of President
Rodrigo Duterte for expressing her criticism of his
Philippine Drug War
The Philippine drug war, known as the War on Drugs, is the intensified anti-drug campaign of the administration of President Rodrigo Duterte, who served office from June 30, 2016 to June 30, 2022. The campaign reduced drug proliferation in th ...
, and many saw the petition as politically motivated.
As mentioned, Sereno had also faced an
impeachment trial
An impeachment trial is a trial that functions as a component of an impeachment. Several governments utilize impeachment trials as a part of their processes for impeachment, but differ as to when in the impeachment process trials take place and how ...
prior to the granting of the petition, but after its granting, such trial became
moot
Moot may refer to:
* Mootness, in American law: a point where further proceedings have lost practical significance; whereas in British law: the issue remains debatable
* Moot court, an activity in many law schools where participants take part in s ...
and was never scheduled.
The ruling of the Supreme Court was received favorably by the Duterte administration as well as its political allies, while critics of the petition viewed Sereno's removal from office as an attack on
due process and on the
judicial independence of the Supreme Court.
Background
Concurrent impeachment process
During Maria Lourdes Sereno's ''
de facto
''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...
'' tenure as Chief Justice during the administration of President
Rodrigo Duterte, Sereno faced possible impeachment. An impeachment process against Sereno began on August 30, 2017, when 25 lawmakers sponsored a petition against her filed by
Larry Gadon,
former lawyer to
President Macapagal-Arroyo.
The main argument for her impeachment was that Sereno allegedly failed to declare her
statement of assets, liabilities and net worth
A Statement of Assets, Liabilities, and Net Worth (SALN) is an annual document that all government workers in the Philippines, whether regular or temporary, must complete and submit attesting under oath to their total assets and liabilities, inc ...
(SALN) in full during her 17-year teaching period at the
University of the Philippines College of Law
The University of the Philippines College of Law (often referred to as UP Law) is the law school of the University of the Philippines Diliman. Formally established in 1911 in UP Manila, it is the third oldest continually-operating law school ...
(UPCL).
She was also accused of tax misdeclarations and unauthorized expenses.
The University of the Philippines (UP) and the Office of the Ombudsman could only produce Sereno's SALNs from the years 1998, 2002, and 2006.
On March 8, the
House of Representatives Committee on Justice found
probable cause
In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition o ...
to impeach Sereno due to "allegations that Sereno committed culpable violation of the Constitution, betrayal of public trust, corruption, and other high crimes" by a vote of 38–2, after which it was to go to a plenary vote.
On April 11, then-
Speaker
Speaker may refer to:
Society and politics
* Speaker (politics), the presiding officer in a legislative assembly
* Public speaker, one who gives a speech or lecture
* A person producing speech: the producer of a given utterance, especially:
** I ...
Pantaleon Alvarez
Pantaleon Diaz Alvarez (born January 10, 1958) is a Filipino politician serving as the Representative of Davao del Norte's 1st district since 2016, previously holding the position from 1998 to 2001. He served as the Speaker of the House of R ...
announced that the earliest the impeachment would be was May 14, due both to procedure and the
Lent
Lent ( la, Quadragesima, 'Fortieth') is a solemn religious observance in the liturgical calendar commemorating the 40 days Jesus spent fasting in the desert and enduring temptation by Satan, according to the Gospels of Matthew, Mark and Luke ...
break.
He noted, though, that a verdict adverse to Sereno on the ''quo warranto'' petition would render the impeachment proceedings
moot
Moot may refer to:
* Mootness, in American law: a point where further proceedings have lost practical significance; whereas in British law: the issue remains debatable
* Moot court, an activity in many law schools where participants take part in s ...
.
''Quo warranto'' petitions
A ''quo warranto'' petition was, before the appointment of
Jose Calida as
Solicitor General, a very seldom used Philippine
extraordinary writ. Its name derives from the Latin question ''quo warranto'', which means "by what authority?"
[Sometimes rendered as "by whose authority?", although '' quo'' literally means "where" or "why".] In its early days, during the
American colonial period
The Thirteen Colonies, also known as the Thirteen British Colonies, the Thirteen American Colonies, or later as the United Colonies, were a group of British colonies on the Atlantic coast of North America. Founded in the 17th and 18th centur ...
, ''quo warranto'' was mostly used to challenge a
democratic election
An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office.
Elections have been the usual mechanism by which modern representative democracy has operate ...
, that is, to make the claim that the person who is holding an office is a
usurper
A usurper is an illegitimate or controversial claimant to power, often but not always in a monarchy. In other words, one who takes the power of a country, city, or established region for oneself, without any formal or legal right to claim it as ...
, and that someone else deserves the office, e.g., due to
electoral fraud or
ineligibility. Indeed, this is the only way the term is used in
law professor Ernesto C. Salao's
[As of January 2018, ]associate dean
Dean is a title employed in academic administrations such as colleges or universities for a person with significant authority over a specific academic unit, over a specific area of concern, or both. In the United States and Canada, deans are usua ...
of the Polytechnic University of the Philippines College of Law. widely cited 858-page
book
A book is a medium for recording information in the form of writing or images, typically composed of many pages (made of papyrus, parchment, vellum, or paper) bound together and protected by a cover. The technical term for this physi ...
''The'' ''1987 Constitution of the Republic of the Philippines'' (2001 )''.''
In the Philippines, though, the process has evolved, in a way that many, including former
Solicitor General Florin Hilbay
Florin "Pilo" Ternal Hilbay (born March 19, 1974) is a Filipino lawyer who served as the Solicitor General of the Philippines from 2014 to 2016, serving the Philippine agent in the international case, ''Philippines v. China'', which nullified all ...
, find
unconstitutional
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
.
It has come to be understood that it can be used in extraordinary cases to unseat judicial appointees, and impeachable officials, not only to challenge elections. Some, such as Ranhilio Aquino,
[As of 2011, ]dean
Dean may refer to:
People
* Dean (given name)
* Dean (surname), a surname of Anglo-Saxon English origin
* Dean (South Korean singer), a stage name for singer Kwon Hyuk
* Dean Delannoit, a Belgian singer most known by the mononym Dean
Titles
* ...
of the San Beda University College of Law. See argue this due to the fact that the President and Vice President were explicitly enumerated as vulnerable to ''quo warranto'' by the Supreme Court
sitting as the Presidential Election Tribunal,
and, unlike many other constitutions, Article 11 of the
1987 Constitution
The Constitution of the Philippines ( Filipino: ''Saligang Batas ng Pilipinas'' or ''Konstitusyon ng Pilipinas'', Spanish: ''Constitución de la República de Filipinas'') is the constitution or the supreme law of the Republic of the Philippin ...
does not exclusively grant the power of impeachment to Congress.
''Quo warranto'' petitions, when successful, do not "remove" someone from office—they declare the very appointment itself
null and void
In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means " ...
''
ab initio
''Ab initio'' ( ) is a Latin term meaning "from the beginning" and is derived from the Latin ''ab'' ("from") + ''initio'', ablative singular of ''initium'' ("beginning").
Etymology
Circa 1600, from Latin, literally "from the beginning", from ab ...
'', meaning that the office was never legally held as it has been declared to have been assumed under
false pretenses
In criminal law, property is obtained by false pretenses when the acquisition results from the intentional misrepresentation of a past or existing fact.
Elements
The elements of false pretenses are:
*a false representation
*of a material pa ...
.
Timeline
Filing
After an impeachment process against Sereno began, a ''quo warranto'' petition seeking to void Sereno's appointment as Chief Justice was filed on March 5, 2018, by
Solicitor General Jose Calida with the reason of her alleged lack of integrity.
The traditional one year
limitation on ''quo warranto'' actions, part of the Rules of Court, was immediately raised by Sereno and those in the media. Calida simply invoked the
legal principle
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling ...
of ''
nullum tempus occurrit regi''—time runs against no king.
[The Philippines has not had a ]monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority and power i ...
since Spanish rule, but as in England, this ancient legal principle is understood there to refer to actions taken by the government in the name of the Republic for the public good.
Calida justified the filing by saying that her "peers"
[In the Philippines, the chief justice is '' primus inter pares'', officially equal to the other justices.] know both her, and the Constitution, best, so are better placed to decide than Congress would be.
Calida, who also said that former Chief Justice
Renato Corona
Renato Tereso Antonio Coronado Corona (October 15, 1948 – April 29, 2016) was a Filipino judge who was the 23rd chief justice of the Philippines from 2010 to 2012. He served as an associate justice after being appointed by President Gloria ...
was "unjustly" impeached, told Sereno that he was being "kind" to her by saving her from the "indignity" of an impeachment trial.
Sereno challenged the petition, insisting that the only legal way to remove her from her post was via impeachment.
One hundred forty Filipino law professors, including the deans of major schools like the and the
Lyceum of the Philippines University College of Law, called for the impeachment trial to be the deciding factor and not the ''quo warranto'' petition.
Free version.
The petition claims that despite having been employed at the University of the Philippines College of Law (UPCL) from November 1986 to June 1, 2006, Sereno's records at the
Human Resource Development
Training and development involve improving the effectiveness of organizations and the individuals and teams within them. Training may be viewed as related to immediate changes in organizational effectiveness via organized instruction, while deve ...
Office only includes the years 1985, 1990, 1991, 1993–1997, and 2002, while her records at the
Office of the Ombudsman
An ombudsman (, also ,), ombud, ombuds, ombudswoman, ombudsperson or public advocate is an official who is usually appointed by the government or by parliament (usually with a significant degree of independence) to investigate complaints and at ...
only include those from the years 1999–2009.
Sereno takes leave
Following the impeachment process filed against her, Sereno took an indefinite leave on March 1, 2018, but said she would not resign. Senior Associate Justice
Antonio Carpio
Antonio Tirol Carpio (; born October 26, 1949) is a former associate justice of the Supreme Court of the Philippines. He was sworn in as member of the High Court by President Gloria Macapagal Arroyo on October 26, 2001, and served until his ret ...
served as Acting Chief Justice, a post which he also previously served in during the transition between Corona's impeachment and the appointment of Sereno. She ended her leave on May 9, 2018. Sereno's spokesperson and lawyer Jojo Lacanilao denied in an
ANC
The African National Congress (ANC) is a social-democratic political party in South Africa. A liberation movement known for its opposition to apartheid, it has governed the country since 1994, when the first post-apartheid election install ...
interview that Sereno was forced to go on leave.
Oriental Mindoro
Oriental Mindoro ( tl, Silangang Mindoro), officially the Province of Oriental Mindoro, is a province in the Philippines located on the island of Mindoro under Mimaropa region in Luzon, about southwest of Manila. The province is bordered by the ...
Representative Rey Umali, however, urged Sereno to resign.
Duterte, annoyed at the portrayal of the petition and questions about his possible involvement in it, declared himself Sereno's "enemy" on April 9.
Duterte also criticized the slow speed of the impeachment process in Congress, citing it as the reason for his administration's ''quo warranto'' petition.
[Duterte: Now this time, I'm asking the congressmen and the Speaker: Do it now. ''Wag ninyong dramahin.'' ut it out with the drama.Or else, I will do it for you. ''Ngayon makialam talaga ako.'' ow I'm getting involved.I am asking Congress, what's taking you too long? ..I will not hesitate to do what is to the best interest of my country. If it calls for your ereno'sforced removal, I will do it.]
Oral argument
Oral argument took place in the case on April 10, 2018. As it was held in April, it took place in Baguio, as the Court traditionally meets there every April.
The trial went on for almost six hours, and did not end until past 7 pm.
Jose Calida personally represented the Office of the Solicitor General, while in a highly unusual move, Sereno represented herself, appearing ''
pro se
''Pro se'' legal representation ( or ) comes from Latin ''pro se'', meaning "for oneself" or "on behalf of themselves" which, in modern law, means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, ...
''.
Ruling
Deciding on the ''quo warranto'' petition ''
en banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller p ...
'',
the Supreme Court justices voted to nullify Sereno's appointment on May 11, 2018, by a vote of 8–6,
making Sereno the first constitutional officer in the Philippines to be ousted from office without an impeachment trial.
Majority opinion
The majority opinion was written by Justice
Noel Tijam. The Court invoked the doctrine of the "transcendental" importance of
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
, ruling that the ''quo warranto'' petition was a valid exercise of the Court's power, there was an
actual controversy
The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) as embodying two distinct limitations on exercise of judicial review: ...
, and the Republic had
standing
Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the s ...
. The Court ruled that ''quo warranto'' cases and impeachment proceedings can proceed independently and simultaneously due to the fact that they are based on different causes of action; ''
quo warranto
In law, especially English and American common law, ''quo warranto'' (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or ...
'' questions the eligibility and valid exercise of a position; whereas, impeachment is removal for committing crimes specified by the Constitution. Furthermore, it ruled that if it wished, Congress may have continued to impeachment without prejudice from the Court on the principle of the
separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
. Tijam wrote that "to
equire Congress tomomentarily abandon their legislative duties to focus on impeachment proceedings
gainsta public official, who at the outset, may clearly be unqualified
ould be awaste of time."
The Court ruled that impeachment is not the exclusive legal remedy by which the legitimacy of exercise of power may be challenged. The Court ruled that so severe was Sereno's failure to declare her assets that she has no integrity. As integrity is an enumerated requirement of Article VIII of the Constitution, she was therefore, by the Court's logic, never eligible once it was destroyed at the time of her not filing her .
Dissenting opinions
Senior Associate Justice Antonio Carpio voted against the ''quo warranto'' petition, but nevertheless wrote in his dissenting opinion that her "repeated non-filing of s" constitutes "a culpable violation of the Constitution and betrayal of public trust, which are grounds for impeachment under the Constitution".
Associate Justice
Marvic Leonen
Marvic Mario Victor Famorca Leonen (born December 29, 1962) is the Senior associate justice of the Supreme Court of the Philippines since May 14, 2022 upon the retirement of Senior Associate Justice Estela Perlas-Bernabe. He became an associate ...
, in his dissenting opinion, called the petition "a legal abomination" that should have been dismissed. He expressed disfavor in removing an impeachable official through a ''quo warranto'' petition, writing: "We render this Court subservient to an aggressive Solicitor General. We render those who present dissenting opinions unnecessarily vulnerable to powerful interests."
In his dissent, Associate Justice
Alfredo Benjamin Caguioa, wrote that the majority had allowed the executive to take a "
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Motion for reconsideration
Sereno was given the right to file a Reconsideration of a motion, motion for reconsideration against the Supreme Court's decision to nullify her appointment as Chief Justice, which she did, on May 31, 2018.
The Supreme Court denied with finality Sereno's motion for reconsideration for "lack of merit" on June 19, 2018, in an 8–6 decision, with no justices changing their vote.
Administrative case
In its original ruling, the Court demanded Sereno submit a brief defending herself against alleged violations of the ethical code Philippine attorneys agree to, which is set by the Supreme Court.
On July 17, 2018, the Court ruled that she had breached the ''
sub judice
In law, ''sub judice'', Latin for "under a judge", means that a particular case or matter is under trial or being considered by a judge or court. The term may be used synonymously with "the present case" or "the case at bar" by some lawyers.
...
'' rule
[For the text of the rule, see: ] when she spoke to the media and gave speeches about cases which were not yet decided, including her own case, while still sitting as Chief Justice, which it reprimanded her for, in lieu of disbarment or suspension from the
Integrated Bar of the Philippines
The Integrated Bar of the Philippines ( fil, Pinagsamang mga Abogasya ng Pilipinas abbreviated as IBP) is the national organization of lawyers in the Philippines. It is the mandatory bar association for Filipino lawyers.
History
The IBP was estab ...
.
Reactions
In the Philippines
The petitioner, Solicitor General Jose Calida, stated: "The Supreme Court decision ousting Maria Lourdes Sereno augurs well for the country, as it preserves the stability and integrity of the Judiciary. This decision is the epitome of its exercise of judicial independence."
Senator
Antonio Trillanes said that the Supreme Court majority had committed a "heinous crime against our justice system" which had "killed the Constitution".
Senators
Sonny Angara
Sonny is a common nickname and occasional given name. Often it can be a derivative of the English word "Son", a name derived from the Ancient Germanic element *sunn meaning "sun", a nickname derived from the Italian name Salvatore (especially in N ...
,
Bam Aquino
Paolo Benigno "Bam" Aguirre Aquino IV (, born May 7, 1977) is a Filipino politician and social entrepreneur who served as a Senator of the Philippines from 2013 to 2019. He is a member of the prominent Aquino family in the Philippines.
Pre-p ...
and
Francis Pangilinan
Francis Pancratius "Kiko" Nepomuceno Pangilinan (; born August 24, 1963) is a Filipino lawyer, politician, and farm owner who served as a Senator from 2001 to 2013 and from 2016 to 2022. He was the Senate Majority Leader from 2004 to 2008.
A ...
joined him in condemning the ruling.
International
The New York-based
Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
called the decision "unprecedented and nefarious," adding that "Sereno’s ouster also kicks open the door for wanton removals of members of other constitutional bodies, such as the
Commission on Human Rights
A human rights commission, also known as a human relations commission, is a body set up to investigate, promote or protect human rights.
The term may refer to international, national or subnational bodies set up for this purpose, such as nationa ...
.
..Ultimately, the rejection of constitutional
checks and balances
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
concentrates power in the hands of Duterte and his allies, posing the greatest danger to democracy in the Philippines since the
Marcos dictatorship
At 7:17 pm on September 23, 1972, President Ferdinand Marcos announced on television that he had placed the entirety of the Philippines under martial law. This marked the beginning of a 14-year period of one-man rule that would effectively last ...
."
Aftermath
Effect on the Court
With the ouster of Maria Lourdes Sereno from her post as Chief Justice of the Supreme Court of the Philippines, she altogether leaves the Court. When she was appointed Chief Justice, she vacated her position as Associate Justice, and therefore, cannot assume her former position again. Sereno, who was during her tenure called the
24th Chief Justice, is now referred to as a former Chief Justice ''
de facto
''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...
'', but not ''
de jure
In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally ...
''.
This is because a ''quo warranto'' petition cannot remove someone from office: if a ''quo warranto'' petition succeeds, the target's very appointment is declared
null and void
In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means " ...
''
ab initio
''Ab initio'' ( ) is a Latin term meaning "from the beginning" and is derived from the Latin ''ab'' ("from") + ''initio'', ablative singular of ''initium'' ("beginning").
Etymology
Circa 1600, from Latin, literally "from the beginning", from ab ...
'', meaning, legally, she was never Chief Justice at all, as her appointment has been declared illegitimate.
Opposition lawmakers of the
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
filed an
impeachment complaint on August 23, 2018, against 7
Associate Justices
Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some state ...
who voted for the ''quo warranto'' petition based on the grounds of culpable violation of the Constitution and betrayal of public trust.
Justice Antonio Carpio, the most
senior Associate Justice at the time, assumed the post of Chief Justice in an
acting capacity
In law, a person is acting in a position if they are not serving in the position on a permanent basis. This may be the case if the position has not yet been formally created, the person is only occupying the position on an interim basis, the perso ...
starting May 14, 2018, following Sereno's ouster.
On August 25,
Teresita de Castro
Teresita "Tess" Leonardo-De Castro (born Teresita Jose Leonardo; October 10, 1948) is a Filipina who served as the 24th Chief Justice of the Supreme Court of the Philippines; appointed by President Rodrigo Duterte on August 28, 2018. She assume ...
, who only had two months left to serve in office, was appointed by president
Rodrigo Duterte as the new Chief Justice
after being included on a list of candidates by the
Judicial and Bar Council
The Judicial and Bar Council (JBC; fil, Sangguniang Panghukuman at Pang-abogasya) of the Philippines is a Constitution of the Philippines, constitutionally-created body that recommends appointees for vacancies that may arise in the composition ...
a day prior. Her role as one of the five sitting justices who sought to nullify the appointment of Sereno as Chief Justice was also seen as a reason for the appointment.
The appointment was criticized as, due to her age, she was obligated to retire on October 10, 2018—as she did, after only 44 days as the 24th Chief Justice.
Justice Lucas Bersamin took her place on November 28.
Effect on the law
As a landmark case, ''Republic v. Sereno'' established a new avenue for decisive, rapid action by the Supreme Court before lower courts had weighed in, expanding the Supreme Court's mandate and making it in more cases simultaneously a
court of first instance
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...
and a
court of last resort
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. When
ABS-CBN's franchise expired, rather than allowing the
National Telecommunications Commission
The National Telecommunications Commission (NTC; fil, Pambansang Komisyon sa Telekomunikasyon) is an attached agency of the Department of Information and Communications Technology responsible for the supervision, adjudication and control over a ...
to grant them a temporary franchise, Calida once again filed a ''quo warranto'' petition, asking the Court, in effect, "by what authority does ABS-CBN operate?"
As a result of ''Republic v. Sereno'', therefore, the ancient legal concept of ''quo warranto'' has taken on novel meaning in Philippine courts.
See also
*
Impeachment of Renato Corona
Renato Corona, the 23rd chief justice of the Supreme Court of the Philippines, was impeached on December 12, 2011. Corona was the third official, after former President Joseph Estrada in 2000 and Ombudsman Merceditas Gutierrez in March 2011, ...
Footnotes
Notes
References
{{Rodrigo Duterte
Sereno, Maria Lourdes
2018 controversies
2018 in law
2018 in the Philippines
Duterte administration controversies
Supreme Court of the Philippines cases