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Republic v.

Sereno (2018)
Ponente: Tijam, J.

- A writ of quo warranto to declare the appointment of CJ Sereno as void
- Impeachment case:
o Not filing some of her SALNs
o Jewelry (worth P15,000.00)

o Sereno:
 A chief justice can only be removed by impeachment.
 And if a chief justice can be removed by a quo warranto, it will be an absurd
situation because a lower court does not have jurisdiction to conduct
disciplinary sanctions over a justice of a higher magistrate (it is against the
hierarchy of courts) Section 6 and 11 of Article VIII of the 1987

- W/N the SC can assume the quo warranto

o Yes. SC has an original jurisdiction over quo warranto cases.
o Constitution says that SC has jurisdiction over QW cases.

- W/N Sereno can be subject to a QW given that she is an “impeachable officer”

(Question of forum shopping; Separation of powers; Proscription)
o Even if Sereno was an impeachable officer, quo warranto is a proper remedy
because it looks at the validity of the nomination/appointment itself. Whereas
impeachment is proper in respect of acts done after appointment/election.
o The permissive language of the constitution: “may be removed…..”
o Even the President and the VP can be removed through a quo warranto proceeding.
o The proscription does not lie against the state. The petitioner in this case is the State.
o Sereno:
 The “may be” in the constitution does not mean that the officers included in
that provision can be removed through other modes.
 The intention of the framers is clear that they wanted to make a clear
distinction of public officers who can be only removed by impeachment and
not otherwise.
 President and VP can removed thru quo warranto precisely because the
Constitution permits it

- JBC Ruling
o Sereno:
 It’s a matter of a political question
o Supreme Court:
 Have supervisory authority over the JBC which includes ensuring that the
JBC complies with its own rules.
- W/N SALN requirement is not complied with makes the appointment void
- Factual issue: did she really file?
o Sereno

o Supreme Court
- W/N the President’s appoint of Sereno cures her ineligibility