Title
Re: Republic vs. Sereno
Case
A.M. No. 18-06-01-SC
Decision Date
Jul 17, 2018
Former Chief Justice Sereno reprimanded for violating sub judice rule through public statements during quo warranto proceedings, undermining judicial integrity.

Case Digest (A.M. No. 18-06-01-SC)

Facts:

In Re: Show Cause Order in the Decision Dated May 11, 2018 in G.R. No. 237428, A.M. No. 18-06-01-SC, March 25, 2019, Supreme Court En Banc, Tijam, J., writing for the Court.

The administrative proceeding arose from the quo warranto case Republic of the Philippines, represented by Solicitor General Jose C. Calida v. Maria Lourdes P. A. Sereno, G.R. No. 237428. An impeachment complaint against Maria Lourdes P. A. Sereno (respondent), then Chief Justice, was filed with the House Committee on Justice on August 30, 2017. While impeachment proceedings were pending, the Republic, through the Office of the Solicitor General, filed a petition for quo warranto contesting respondent’s eligibility for the Chief Justice position. During the pendency of those political and judicial processes, respondent engaged in numerous public speeches, interviews, and forums discussing the merits of the quo warranto petition and criticizing members of Congress and the Court.

In its May 11, 2018 decision in G.R. No. 237428 the Court observed respondent’s public conduct and, concerned about the sub judice rule and the dignity of the Bar and Bench, issued a show cause order directing respondent to explain why disciplinary action should not follow for alleged violations of the Code of Professional Responsibility (CPR) and the New Code of Judicial Conduct (NCJC). Respondent filed a Verified Compliance and a Motion for Inhibition (naming several Justices) on June 13, 2018, arguing among others that she acted as a party-litigant and that her public statements did not meet the “clear and present danger” standard for contempt and that she was discharging duties as a lawyer/judge. The Court, in the present administrative case A.M. No. 18-06-01-SC, denied the motion for inhibition and, after considering the record, the nature and tenor of respondent’s public statements, the applicable ethical rules and pre...(Subscriber-Only)

Issues:

  • Should the Motion for Inhibition of Justices Teresita J. Leonardo‑De Castro, Diosdado M. Peralta, Noel G. Tijam, Francis H. Jardeleza, Lucas P. Bersamin, and Samuel R. Martires be granted?
  • May respondent Maria Lourdes P. A. Sereno be held administratively liable for her public statements and actions relating to the quo warranto proce...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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