CASE 2018-0006: REPUBLIC OF THE PHILIPPINES, REPRESENTED BY SOLICITOR GENERAL JOSE C. CALIDA VS MARIA LOURDES P.A. SERENO RESPONDENT (G.R. NO. 237428, 11 MAY 2018, TIJAM, J.) (BRIEF TITLE: REPUBLIC VS CJ SERENO)

 

 DISPOSITIVE:

  

“WHEREFORE, the Petition for Quo Warranto is GRANTED. Respondent Maria Lourdes P.A. Sereno is found DISQUALIFIED from and is hereby adjudged GUILTY of UNLAWFULLY HOLDING and EXERCISING the OFFICE OF THE CHIEF JUSTICE. Accordingly, Respondent Maria Lourdes P. A. Sereno is OUSTED and EXCLUDED therefrom.

 

The position of the Chief Justice of the Supreme Court is declared vacant and the Judicial and Bar Council is directed to commence the application and nomination process.

 

This Decision is immediately executory without need of further action from the Court.

 

Respondent Maria Lourdes P.A. Sereno is ordered to SHOW CAUSE within ten (10) days from receipt hereof why she should not be sanctioned for violating the Code of Professional Responsibility and the Code of Judicial Conduct for transgressing the sub Judice rule and for casting aspersions and ill motives to the Members of the Supreme Court.

 

SO ORDERED.”

  

SUBJECTS/DOCTRINES/DIGEST:

 

The right to hold public office under our political system is therefore not a natural right. It exists, when it exists at all, only because and by virtue of some law expressly or impliedly creating and conferring it.333 Needless to say, before one can hold public office, he or she must be eligible in accordance with the qualifications fixed by law and the authority conferring and creating the office. There is no such thing as a vested interest or an estate in an office, or even an absolute right to hold office. A public officer who is not truthful, not forthright, in complying with the qualifications to public office, perforce, has not legally qualified, was not legally appointed, and consequently, has not legally assumed the said public office. A disqualification cannot be erased by intentional concealment of certain defects in complying with the qualifications to public office set by the Constitution and laws. The passage of time will not cure such invalidity of holding public office, much less, foreclose the right and duty of the government, the keeper of the said public office, to oust and remove the usurper.

 

One who claims title to a public office must prove beyond cavil that he/she is legally qualified to the said office, otherwise, he or she has no ground to stand upon his or her claim of title to the office and his or her title may reasonably be challenged. A qualification must be proved positively, clearly, and affirmatively. It cannot be proved by mere acquiescence nor by estoppel or prescription. In the same vein, a disqualification cannot be obliterated by intentional concealment thereof. As a matter of fact, such concealment is a clear manifestation of lack of integrity, probity, and honesty. It cannot be over-emphasized that public service requires integrity. For this reason, public servants must, at all times, exhibit the highest sense of honesty. By the very nature of their duties and responsibilities, they must faithfully adhere to, and hold sacred and render inviolate the constitutional principle that a public office is a public trust.334 The expectation of a strong adherence to this principle escalates proportionately as one ascends to public office. John Adams, then President of the United States, said, “society’s demands· for moral authority and character increase as the importance of the position increases.”

 

In this case, it was found that respondent is ineligible to hold the Chief Justice of the Supreme Court position for lack of integrity on account of her failure to file a substantial number of SALNs and also, her failure to submit the required SALNs to the JBC during her application for the position. Again, one of the Constitutional duties of a public officer is to submit a declaration under oath of his or her assets, liabilities, and net worth upon assumption of office and as often thereafter as may be required by law. 335 When the Constitution and the law exact obedience, public officers must comply and not offer excuses. When a public officer is unable or unwilling to comply, he or she must not assume office in the first place, or if already holding one, he or she must vacate that public office because it is the correct and honorable thing to do. A public officer who ignores, trivializes or disrespects Constitutional and legal provisions, as well as the canons of ethical standards, forfeits his or her right to hold and continue in that office.

 

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SCD-2018-0006-Republic of the Philippines Vs. Maria Lourdes P. A. Sereno

 

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