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Impeachment Watch: Chief Justice Sereno and Ombudsman Morales

wilch23 · 72 · 8175

wilch23

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Actually pwede ma-reverse ang SC decision.
Sereno just have to file a Motion for Reconsideration.

From PhilStar.com

"Her camp may still opt to file a motion for reconsideration within 15 days as provided for under Rules of Court, especially since she would need only a concurring vote to switch sides to have the decision reversed. But this option was barred by the Court’s pronouncement that it would no longer act further on the case."

Read more at https://www.philstar.com/headlines/2018/05/12/1814510/supreme-court-ousts-sereno#7z0WIEILeA8dOpv3.99


wilch23

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Has SC Justice Caguiao become one of the spox of Sereno?

I just read the news about how he (ranted - my impression) enumerated the wrongs in the SC decision ousting Sereno.

If you are following the case, like me, you'd know that he is stating every argument used by Sereno and her team in their pleadings.

His conclusion is that the SC has committed suicide.


freefront

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simplest "I dissent" argument:

4. One (1) Year prescriptive period.

How did they bend that?


wilch23

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simplest "I dissent" argument:

4. One (1) Year prescriptive period.

How did they bend that?

Better read the decision.

In short, the prescription period of 1 year is applicable to Quo Warranto cases wherein the plaintiff is a person who should have rightfully won the position, meaning in a contest for an elective office.

In the case of the CJ, it is the State that is plaintiff.
Here the majority of the SC Justices opines that the prescription period is not applicable. The decision also says that the fact was also concealed by Sereno, ergo even if the prescription should apply, the period should start only when it was discovered in the impeachment hearings


wilch23

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BTW even among the "NO" votes, the prescription period is not a big issue.

However, what we should be asking ourselves is :

WHY did Sereno not file her SALNs as required by law?

Note that she never categorically stated that she faithfully complied by the SALN law. She went as far as to tell the SC in her response that she will present the "missing" SALNs during the impeachment hearing in the Senate!

I take that to mean that she really didn't file her SALNs as required by law. Recall also that during a close door seession of the SC she was asked directly re her SALNs and she beat around the bush also.

So is this a sign of lack of integrity and character?


jenofstructures

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the word "maybe" became a workaround.


wilch23

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IMO, tama si Carpio et al, you cannot REMOVE a CJ via Quo Warranto ...

BUT Quo Warranto DOESN'T REMOVE a CJ, it nullifies his appointment from the START!

For comparison, albeit not perfect,

IMPEACHMENT is like Divorce while ...
Quo Warranto is Annulment


wilch23

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For a more in depth understanding ...

You may know that both Sereno and Leonen were appointed by Noy.
Do you also know that both have never been a Judge on any level before being appointed to the SC?

I'm not even sure if either one had ever been lead counsel in an actual court case.
Curiously they're both from the academe, both had long tenure at the UP law school. Hmmm ... which begs the question ...
Did SC Justice Leonen more conscientious in filing his SALNs?


freefront

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Better read the decision.

In short, the prescription period of 1 year is applicable to Quo Warranto cases wherein the plaintiff is a person who should have rightfully won the position, meaning in a contest for an elective office.

In the case of the CJ, it is the State that is plaintiff.
Here the majority of the SC Justices opines that the prescription period is not applicable. The decision also says that the fact was also concealed by Sereno, ergo even if the prescription should apply, the period should start only when it was discovered in the impeachment hearings

No, Thank you. Most brilliant minds did that and opined pros and cons. And somebody did say about the state being the plaintiff which makes it scarier. What's a common Juan's defense to that?


BTW even among the "NO" votes, the prescription period is not a big issue.

However, what we should be asking ourselves is :

WHY did Sereno not file her SALNs as required by law?

Note that she never categorically stated that she faithfully complied by the SALN law. She went as far as to tell the SC in her response that she will present the "missing" SALNs during the impeachment hearing in the Senate!

I take that to mean that she really didn't file her SALNs as required by law. Recall also that during a close door seession of the SC she was asked directly re her SALNs and she beat around the bush also.

So is this a sign of lack of integrity and character?


Somebody also said SALN is not an issue.

Former Solicitor General Florin Hilbay: Requirement to submit all SALNs to JBC only began in 2012 | [/size][size=0px]http://www.[/size]cnn.ph[size=0px] [/size][/color][/size][/color][/size]#TheSource[/color]


...and get Sereno on the Senate Floor. Let the CJ embarrass herself if that is what she is wont to do anyway.


the word "maybe" became a workaround.


Even I can understand "context" to which I would also take that to mean, in context, as "can only" ... and somebody did articulate that clearly.




To get to the feel of things- if one person can cause that much havoc on an institution that serves as a pillar in the governance of this state(naks) napano na ang common tao? So much trouble that lawyers as a group (them that draw their lines on the sand) shake their heads and say, "No. That is not right" *Pentelpen on concrete na sagot


BTW, there's talk aling teresing applied for the ombudsman job....


wilch23

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SC Justice de Castro was NOMINATED but declined the nomination for the position of Ombudsman.

Hindi naman ata nag-apply.


wilch23

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To get to the feel of things- if one person can cause that much havoc on an institution that serves as a pillar in the governance of this state(naks) napano na ang common tao? So much trouble that lawyers as a group (them that draw their lines on the sand) shake their heads and say, "No. That is not right" *Pentelpen on concrete na sagot




Sensya na mahina comprehension ko, medyo mahirap ma-gets except for:

"... if one person can cause that much havoc on an institution that serves as a pillar in the governance of this state ..."

To be objective and not quoting sound bites, what "one person"?
Any one person can sue anybody naman talaga, dba? So what's new?

The important thing is hindi naman si plaintiff ang judge.
Sereno was declared unqualified by the Supreme Court.
Let that sink in.

If anything it's the SC that has gained more power kaya?

Nagkataon lang na ayaw ng mga DU30 fans si Sereno (pati ba si DU30 himself? He said no, but I believe otherwise) ... AND the other SC Justices don't want her in the SC as well.





wilch23

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The SC Quo Warranto decision also directed Sereno to respond to a perceived violation of sub judice and of impugning on the integrity of the SC.

Now some are claiming this could be a ground for disbarment.
Huwag naman. Don't rub salt on her injury.
Down na, sisipain mo pa. Huwag na.


 


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