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  • Republic Vs Sereno

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    Shanielle Qim Cañeda
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    The OSG filed a petition for quo warranto to declare void Chief Justice Sereno's appointment for failing to submit her SALNs as required by the JBC. The petitioner argues this disqualifies her from the position. Sereno argues she can only be removed by impeachment. The Supreme Court ruled that Section 2 of Article XI does not preclude a quo warranto action questioning qualifications to assume office, including matters outside impeachment like age, citizenship, and experience. In a separate ruling, the Court also ruled that Sereno's claim of exemption as serving in an honorary capacity for periods on leave is inaccurate, as she did not receive pay because she did not render service, not because of honorary status.

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    Republic vs Sereno

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    The OSG filed a petition for quo warranto to declare void Chief Justice Sereno's appointment for failing to submit her SALNs as required by the JBC. The petitioner argues this disqualifies her from the position. Sereno argues she can only be removed by impeachment. The Supreme Court ruled that Section 2 of Article XI does not preclude a quo warranto action questioning qualifications to assume office, including matters outside impeachment like age, citizenship, and experience. In a separate ruling, the Court also ruled that Sereno's claim of exemption as serving in an honorary capacity for periods on leave is inaccurate, as she did not receive pay because she did not render service, not because of honorary status.

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    836 просмотров1 страница

    Republic Vs Sereno

    Загружено:

    Shanielle Qim Cañeda
    The OSG filed a petition for quo warranto to declare void Chief Justice Sereno's appointment for failing to submit her SALNs as required by the JBC. The petitioner argues this disqualifies her from the position. Sereno argues she can only be removed by impeachment. The Supreme Court ruled that Section 2 of Article XI does not preclude a quo warranto action questioning qualifications to assume office, including matters outside impeachment like age, citizenship, and experience. In a separate ruling, the Court also ruled that Sereno's claim of exemption as serving in an honorary capacity for periods on leave is inaccurate, as she did not receive pay because she did not render service, not because of honorary status.

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    Republic vs. Sereno, G.R. No.

    237428, June 19, 2018 (MR)

    FACTS:
    The OSG filed a Petition for the issuance of the extraordinary writ of quo warranto to declare void Sereno’s
    appointment as Chief Justice of the Supreme Court (SC) for failing to submit her SALNs as required by the
    JBC which disqualifies her from being a candidate for the said position. The petitioner argues that since
    Respondent is ineligible for the position of Chief Justice for lack of proven integrity, she has no right to
    hold office and may therefore be ousted via quo warranto. Respondent, on the other hand, contends that
    the Chief Justice may only be ousted from office by impeachment on the basis of Section 2, Article XI of
    the Constitution.

    ISSUE:
    By its plain language, does Section 2 of Article XI preclude a quo warranto action questioning an
    impeachable officer's qualifications to assume office?

    RULING:
    No. Section 2 of Article XI does not preclude a quo warranto action questioning an impeachable
    officer's qualifications to assume office. These qualifications include age, citizenship and professional
    experience - matters which are manifestly outside the purview of impeachment under the above-cited
    provision.

    Republic vs. Sereno, G.R. No. 237428, May 11, 2018

    ISSUE:
    Being on leave from UP, is CJ Sereno "serving in an honorary capacity" and thus exempted from the SALN
    constitutionally-mandated requirement pursuant to Sec. 8 of R.A. 6713?

    RULING
    No. Respondent’s claim for exception on the argument that for the periods she was on official leave from
    U.P., she did not receive any pay is inaccurate. The fact that respondent did not receive any pay for the
    periods she was on leave does not make her government worker "serving in an honorary capacity" to be
    exempted from the SALN laws. She did not receive pay not because she was serving in an honorary
    capacity, but for the simple reason that she did not render any service for said period. Fundamental is the
    rule that workers who were not required to work are not, by law, entitled to any compensation.

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