Your Lawyer Says issues Q&A explainer why quo warranto NOT remedy vs. CJ Sereno
On May 13, 2018, Your Lawyer Says has posted a digest of the landmark case of Republic v. Sereno. In a 153-page decision penned by Justice Tijam, it was lengthily explained why quo warranto is a remedy allowed by law to oust an impeachable officer for disqualifications arising before her appointment. On May 14, 2018, Your Lawyer Says posted a question-and-answer explainer, basing on the dissent of Justice Marvic Leonen. Two examples of Your Lawyer Says' Q&A is reproduced below.
Q: Why is granting a quo warranto petition unconstitutional against a sitting impeachable official like the Chief Justice?
[A:] Quo warranto, as used in this case, will amount to a “removal” of an impeachable public officer. The only constitutional way to remove an impeachable public officer is through impeachment.
[A:] Quo warranto, as used in this case, will amount to a “removal” of an impeachable public officer. The only constitutional way to remove an impeachable public officer is through impeachment.
Q: But the PET rules provide that the President and the Vice President, both impeachable officials, may be removed by quo warranto as well. How do you reconcile this?
[A:] This is only an exception. It is true that a verified petition for quo warranto contesting the election of the President or Vice-President on the ground of ineligibility or disloyalty to the Republic of the Philippines may be filed by any registered voter who has voted in the election concerned within ten days after the proclamation of the winner[i].
However, being the exception, this does not mean that it is applicable to all impeachable officials.
For more, please visit Your Lawyer Says on Facebook. See embedded post below.
Maria Lourdes Aranal Sereno is a Filipino lawyer and judge who was the de facto 24th Chief Justice of the Supreme Court of the Philippines from 2012 until May 11, 2018. Wikipedia
Your Lawyer Says is the biggest law-related online identity in social media in the Philippines. With 150,000 Facebook likes and 30,000 Twitter followers, Your Lawyer Says is the biggest community of Filipino lawyers, law students, pre-law students and lovers of the law.
Started on March 26, 2016, as a Twitter account, Your Lawyer Says has steadily grown to become one of the most recognizable non-commercial brands in the legal profession. With posts mostly catering to humorous application of legal concepts and law school experiences, Your Lawyer Says has garnered the attention of many netizens.
Maria Lourdes Aranal Sereno is a Filipino lawyer and judge who was the de facto 24th Chief Justice of the Supreme Court of the Philippines from 2012 until May 11, 2018. Wikipedia
Your Lawyer Says is the biggest law-related online identity in social media in the Philippines. With 150,000 Facebook likes and 30,000 Twitter followers, Your Lawyer Says is the biggest community of Filipino lawyers, law students, pre-law students and lovers of the law.
Started on March 26, 2016, as a Twitter account, Your Lawyer Says has steadily grown to become one of the most recognizable non-commercial brands in the legal profession. With posts mostly catering to humorous application of legal concepts and law school experiences, Your Lawyer Says has garnered the attention of many netizens.
EXPLAINED: J. Leonen's dissent in Republic v. Sereno
Yesterday, Your Lawyer Says has given you a digest of the landmark case of Republic v. Sereno. In a 153-page decision penned by Justice Tijam, it was lengthily explained why quo warranto is a remedy allowed by law to oust an impeachable officer for disqualifications arising before her appointment.
