SC upholds quo warranto ruling, voids Sereno’s appointment as chief justice

Marje Pelayo   •   June 19, 2018   •   3519

 

 

MANILA, Philippines — The Supreme Court (SC) on Tuesday, June 19, denied with finality Maria Lourdes Sereno’s motion for reconsideration for SC to overturn its ruling on the petition against her appointment as chief justice.

In a full court session, the SC upheld its decision on the quo warranto petition of Solicitor General Jose Calida which nullified the appointment of Sereno as the top magistrate of the country.

On May 11 in a special en banc session, the magistrates voted 8-6 to declare Sereno’s appointment as invalid.

In today’s notice, the SC announced the start of the 90-day period for filling the vacancy of the Office of the Chief Justice.

The Judicial Bar Council (JBC) as it announced earlier, is expected to open its nominations for the next chief justice as the SC ruling on the quo warranto has now become final. – UNTV News & Rescue

SolGen move to gag ABS-CBN won’t stop Senate from probing franchise issue —Drilon

Robie de Guzman   •   February 18, 2020

Senate minority leader Franklin Drilon

MANILA, Philippines – Senate minority leader Franklin Drilon on Tuesday said that the move by the Office of the Solicitor General asking the Supreme Court to gag the ABS-CBN Corporation will not stop the Senate from requiring persons to appear and testify during its hearing on the issue.

“The Supreme Court cannot prohibit persons to appear and testify before congressional inquiries in aid of legislation,” Drilon said in a statement.

“The petition cannot prevent the Senate from hearing the issues on ABS-CBN. The petition has no effect on the Senate,” he added.

Drilon issued the statement after Solicitor General Jose Calida asked the SC to stop ABS-CBN and other parties concerned from discussing the quo warranto petition which seeks to void the broadcasting network’s franchise over its alleged violations.

Calida’s move follows the decision of the Senate committee on public services to hear the issue on ABS-CBN’s application for the renewal of its franchise, and the filing of a Senate resolution which seeks to extend the validity of the company’s franchise until the end of 2022.

ABS-CBN’s 25-year franchise is set to expire on March 30, 2020.

Drilon said that even if the Supreme Court issues a gag order, it will not cover the hearings in the Senate.

“Such gag order, if ordered, cannot serve as a prohibition for ABS-CBN to appear and testify before the Senate panel,” he said.

He also emphasized that the Constitution and various jurisprudence have many times upheld the power of the Senate to conduct inquiries in aid of legislation and to exercise its oversight power.

The senator cited Section 21, Article VI of the 1987 Constitution, which states that the Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure.

He also stressed that it is the duty of the witnesses and resource persons to cooperate with the Senate in its efforts to obtain the facts needed for intelligent legislative action.

Duterte names Diosdado Peralta as new Supreme Court Chief Justice

Robie de Guzman   •   October 23, 2019

Newly-appointed Chief Justice Diosdado Peralta

MANILA, Philippines – President Rodrigo Duterte named Associate Justice Diosdado Peralta as the new chief justice of the Supreme Court, Malacañang said Wednesday.

Executive Secretary Salvador Medialdea confirmed that Duterte signed Peralta’s appointment paper on Wednesday in a message to reporters.

Peralta will be replacing Lucas Bersamin, who retired last week after reaching the mandatory retirement age of 70.

Peralta beat Associate Justices Estela Perlas-Bernabe and Andres Reyes Jr. who were also shortlisted by the Judicial and Bar Council (JBC) for the post.

Peralta and Perlas-Bernabe both got seven votes while Reyes received four votes.

Among the three candidates for the post, Peralta is the most senior justice in terms of the number of years in the Judiciary.

Justice Peralta is an alumnus of the University of Santo Tomas Faculty of Civil Law, the Supreme Court said in a statement.

Born in Laoag City, Ilocos Norte, Peralta started his career in government service when he was appointed Third Assistant City Fiscal in 1987 then went on to become a trial court judge and later a Sandiganbayan Justice before he was appointed to the Supreme Court in 2009.

Prior to his SC appointment, he was a professor, lecturer, resource person, and Bar reviewer in Criminal Law, Criminal Procedure, Remedial Law, and Trial Techniques in various universities.

Peralta will be sitting as the chief magistrate until he retires at the age of 70 on March 27, 2022.

Peralta, Bernabe get top JBC votes in SC chief justice shortlist

Robie de Guzman   •   October 15, 2019

Supreme Court Associate Justices Diosdado Peralta (L) and Estela Perlas-Bernabe (R)

MANILA, Philippines – Supreme Court Associate Justices Estela Perlas-Bernabe and Diosdado Peralta got top votes from the Judicial and Bar Council (JBC) in its shortlist for the next chief justice.

According to a copy of the shortlist released by the SC’s Public Information Office on Tuesday, October 15, both Bernabe and Peralta got seven votes.

Associate Justice Andres Reyes Jr., meanwhile, got four votes from JBC members while Associate Justice Jose Reyes received one vote.

The chief justice position will be vacated when CJ Lucas Bersamin reaches the mandatory retirement age of 70 on October 18.

Bersamin was appointed by President Rodrigo Duterte as chief justice on November 28, 2018.

The shortlist has been submitted by the JBC to Duterte for choosing.

Under the Philippine Constitution, Duterte has 90 days to pick the next SC top magistrate.

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