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Case of Sereno

The case of Sereno questions the interpretation of provisions in the Constitution regarding the removal of the Chief Justice from office. While the respondent CJ Sereno asserted she could only be removed through impeachment, the case argued other modes of removal are allowed based on doubts in interpretation. It was deemed a judicial action for removal is valid given her position was one of public trust and she failed to submit her required SALN statements.

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Mark Alvin Espiritu
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42 views1 page

Case of Sereno

The case of Sereno questions the interpretation of provisions in the Constitution regarding the removal of the Chief Justice from office. While the respondent CJ Sereno asserted she could only be removed through impeachment, the case argued other modes of removal are allowed based on doubts in interpretation. It was deemed a judicial action for removal is valid given her position was one of public trust and she failed to submit her required SALN statements.

Uploaded by

Mark Alvin Espiritu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Case of Sereno

Basis and ruling

CJ Sereno was filed a petition for quo warranto which sought to impeach/ remove the latter from office.
Respondent stressed that she may only be removed from impeachment and that the provisions from the
constitution shall apply towards her removal from office. However the Republic asserted that it is not
the case as the provisions provides for “may be removed from offices” citing other modes besides
impeachment

Use Art 10. In case of doubt in the interpretation or application of laws, it is presumed that the
lawmaking body intended right and justice to prevail.

Since the position is of public trust and her willful non-compliance of submitting her SALN merits that a
judicial action to remove her from office is valid.

Answer (mine)

The case of Sereno questions that interpretation of the provisions provided by the Constitution. It seeks
to answer in cases that there are doubts in the interpretation of the law or application of the law, the
presumption is that the legislative intends for right and justice to prevail. The contradiction that the
respondent CJ Sereno asserts is that only through impeachment may she be removed from office and
that the petition for quo warranto does not hold merit. However in application of Art. 10 of the Civil
Code, in instances of doubt the legislative intent is to exercise justice and what is right. The judicial
action brought about by the case seeks to avail such remedy since the position that she held was of
public trust and her failure to provide SALN’s in unjustified and unbecoming in consideration of her
position.

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