The ouster of the Supreme Court Chief Justice Maria Lourdes Sereno through this unprecendented landmark decision, does more harm than good to judicial integrity in the Philippines and its democratic institutions. As such, we the members of the Ateneo de Davao University join many other freedom-loving Filipinos in expressing our dissent against the decision of the Supreme Court to remove a chief magistrate via a Quo Warranto procedure.
We reiterate our strong belief that a sitting justice of the Supreme Court, the Chief Justice in this case, may only be removed through the Constitutional process of impeachment. Only the Senate assembled as an impeachment court has the sole authority to discharge the Chief Justice of his/her duties on grounds provided by the 1987 Constitution.
With this decision, the separation of powers of our democratic government is under fire. Fidelity to the constitution had been challenged. It is anomalous when accusers eventually change hats and become the judges who will decide the outcome of the case. This raises issues of partiality and the Supreme Court is now perceived as renouncing its solemn duty to defend the Constitution, leaving it in mortal peril.
If democracy in the country needs to be protected, the Constitution through the Supreme Court must be insulated from any political or partisan encroachments. The helpless victim in this decision is the fundamental law of our land and ultimately, the Filipino people. The normative supremacy of the Constitution is compromised when its guardians fall short of their lawful duties.
But this supremacy is immaterial in the absence of judicial independence. Without judicial independence, there will be no rule of law. Without rule of law, the entire collective of democratic institutions will fall apart. This makes the consolidation of democracy in the country even more remotely impossible when constitutional processes are bypassed in favor of shorter, quicker, and questionable routes.
While dubbed as the final arbiter, or the court of last resort, the Supreme Court and its decisions is not necessarily free from human fallibility. The removal of CJ Sereno is no exemption. Therefore, we reject this decision of the Supreme Court and call for its reconsideration, guided by the principles of justice and fair play.
When the vanguard of justice commits a historical feat of injustice which effects will span decades of generations down the line, who shall correct the wrong? It is conscience.
It is conscience that promotes the rule of law protected by the constitution that should guide the justices in reconsidering the decision in favor of following the impeachment route. It is conscience that adheres to the tenets of justice above law that must set the frame in reviewing the decision. It is conscience, embracing constitutionalism and judicial independence, that must inform the decision of every magistrate who sits in the lofty bench of judicial power.
It is conscience that compels us to express dissent. It is conscience that moves us to call for a reconsideration of the decision so that the Constitution remains the supreme law of the land.
As we manifest our dissent, we also call for circles of discernment within the university community to rationally discuss the myriad of issues surrounding the removal of former Chief Justice Sereno and its implications on our institutions of government. We deserve public officers not swayed by party alliances but whose loyalty remain to the sovereign Filipino people.
We dissent so that we may ascend towards our collective dream to build “a regime of truth, justice, freedom, love, equality, and peace.” (Preamble, 1987 Constitution)
Administrators, faculty, and staff of the Ateneo de Davao University who have assented to the statement:
Fr. Joel E. Tabora, S.J.
President
Abraham Garcia, Jr.
Alma Raymonda S. Bartolata
Annaliza L. Magno
Anne Mae Manga
Anthony Polistico
Arnella Francis Clamor
Ayessa Velasquez
Bernie Jereza
Carmela Marie M. Santos
Fr. David John M. de los Reyes, SJ
Fr. Michael I Pineda, SJ
Gail Ilagan
Gracielle Deanne Tubera
Janice M. Bajo
Jeremy Eliab
Jerome A. Serrano
Jesus A. Montajes
Judith D. Dalagan
Leah H. Vidal
lenore Loqueloque
Liza R. Lao
Ma Cristina De Las Llagas
Manuel P. Quibod
Maria Carmel J. Tabinas
Mark Paul Samante
Michael Aaron Gomez
Mr. Ricardo P. Enriquez
Neil John Sumalinog
Nerissa D.R. Quitain
Nimfa N. Mole
Noli Ayo
Ottoman Montani Jr.
Patria V. Manalaysay
Perpy C. Tio
Pop Libron
Raul Vincent Lumapas
Rhodora Ranalan
Rosalia C. Pabres
Rosalinda Tomas
Silvena Erika Navaja
Sol Demetillar
Suzanne Marie A. Doromal
Suzette D. Alino
Vinci Bueza