Photo credit: Manila Bulletin
On May 11, 2018, the Constitution was violated by the very institution that vowed to uphold and defend it.
Justice Antonio Carpio, in his dissenting opinion said that by granting the Quo Warranto petition, the Supreme Court has violated the Constitution. Justice Benjamin Caguioa said that the SC committed dishonorable “seppuku.” Justice Marvic Leonen called the decision a “legal abomination.”
Senator Kiko Pangilinan called it “pambabastos” or impertinence, and a violation of the Constitution. Senate President Koko Pimentel insists that according to the Constitution, only the Senate may remove a sitting Chief Justice.
The Free Legal Assistance Group of lawyers condemned the ruling “in the strongest terms.” The National Union of People’s Lawyers has called on the legal community to protest the “unconstitutional” ruling.
Ret. CJ Hilario Davide warned the SC about this. So did Ret. Justice Vicente Mendoza. Around 130 law school deans and professors have expressed the same sentiment in a manifesto they signed on May 10.
Over 300 prominent people in government, civil society and religious institutions have expressed this as well, through two 2-paged newspaper paid ads. This is the same sentiment expressed last May 11 by the 10,000 people who marched to Padre Faura-Taft Ave, and the hundreds of thousands of netizens who expressed outrage on social media over the SC Quo Warranto decision.
The Supreme Court has repeatedly held in the past that every party is entitled to nothing less than the “cold neutrality of an impartial judge.” Without this, Due Process would be meaningless, if the decision comes from a partial and biased judge.
The Coalition for Justice insists that the SC violated this very principle. The accuser cannot also be the judge. Justices Bersamin, De Castro, Jardeleza, Martirez, Peralta, and Tijam have publicly hurled accusations against CJ Sereno. They should have recused themselves from the QW deliberations.
The SC also denied Chief Justice Sereno the opportunity to defend herself in a public trial. The SC rendered judgment on the facts of the case without a proper trial, knowing that the only proper venue for this is the Senate. CJ Sereno never had an opportunity to dispute any of the evidences, and cross-examine all the testimonies leveled against her.
This is injustice of the highest order, inflicted by the Justices on one of their own.
Implications of QW Decision
Unfortunately, this unjust and immoral decision has unleashed a host of very serious implications, with detrimental consequences on the rest of society.
- The Supreme Court has usurped for itself the power to “rewrite” the Constitution. They’ve done it once. They think they can get away with it. So they can do it again.
- The Supreme Court has usurped the exclusive power of the Senate to remove an impeachable officer. They’ve done it this time, they can and will do it again.
- The Supreme Court has given the Solicitor General immense powers to remove any public official, at any time via Quo Warranto, with no prescription period, and on the basis of even a missing SALN. All government officials, especially judges are no longer guaranteed security of tenure. All are now under threat of removal with a Quo Warranto dangling over their heads.
- Since all impeachable officials are now vulnerable to a Quo Warranto challenge, the Vice President, the officials of COA, Comelec, CHR, and the Ombudsman, may be threatened with a Quo Warranto complaint. The system of checks and balances has been tilted dangerously in favor of the President.
- The separation of powers, a fundamental democratic principle of our Republic that is meant to prevent power from being too concentrated in the hands of the Executive, has been seriously compromised. Our country has moved one huge step closer to an authoritarian regime.
Justice has been inflicted a deathly blow. Democracy is on its death throes. If we do nothing, we may soon be stripped of our basic freedoms, including the Constitutional protection of human life and dignity.
Let us not allow this to happen.
What Can Be Done?
Two things can change the situation.
First, CJ Sereno still has the right to file a Motion for Reconsideration (MR). There is this window of opportunity for the SC to reverse its ruling. We’re hoping that the votes will change in response to the public reaction to its ruling.
CJ Sereno has a deadline of May 30 to file an MR. This gives us time to persuade the Justices who concurred to change their minds. It may be difficult to change the minds of the Biased 6. But Justices Reyes and Gesmundo may still be persuaded to do so.
Second. The Senate may be persuaded to take action. It has a stake in this controversy. Its exclusive power to check impeachable officers will be taken away from them, if they do not challenge the decision.
Given these, we need to accomplish the following:
- Persuade at least 12 Senators to file a resolution against the SC’s Quo Warranto decision
- Persuade the SC to reverse its May 11 QW decision
- Convince the SC to inhibit the Biased 6 Justices. This will result in a vote of 6-2 in favor of reversal; and/or
- Persuade Justices Reyes and Gesmundo to change their votes. We aim for a vote of 8-6 in favor of reversal
The following actions have been planned to accomplish these two objectives
- Lawyers’ Protest. The National Union of People’s Lawyers (NUPL) will lead a group of lawyers in a protest at the SC Padre Faura and in courthouses nationwide on May 15, at 9:30am. We ask all lawyers to join the NUPL in this protest action.
- Senate Lobby. Leaders of Coalition for Justice (CFJ) will lobby at the Senate on May 15 to urge Senators to take a collective stand against the SC Quo Warranto decision.
- Indignation Rallies. Protest Actions are being organized by various groups in several locations including Padre Faura. There will be a Black Friday Protest led by students on Friday May 18. There will also be a multi-sectoral rally on Saturday May 26.
- Hatid MR. A big rally is being organized by the CFJ on the date when CJ Sereno is expected to submit her Motion for Reconsideration. The most likely date for this mobilization is May 30, the deadline for filing the MR.
We Need Prayers and Participation
We covet your prayers in the next few weeks, as we labor to defend the Constitution that we have vowed to uphold as citizens, and to help preserve the justice system and democratic institutions that God has given us.
We also pray that you will join us in our planned activities. Ask lawyers in your churches and networks to link up with the NUPL. Educate your members about the dangers of the QW decision and ask them to join other Christian groups in protest rallies.
Let us pray to God for His mercy. Pray that God will change the hearts of the SC Justices who voted in favor of QW. May God’s justice and righteousness be done on earth, in our society, and in the Philippine government, as it is in heaven.
Ptr. Caloy Diño
Lead Convenor, Coalition for Justice
