Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
, ISSUES/GROUNDS:
G.R. No. 203335, FEBRUARY 18, 2014 1. Sections 4(c)(4), 6, 7, 12 and 19 of The Cybercrime Act violate the petitioners’
constitutionally protected rights to freedom of expression, due process, equal
Constitutional law; Unsolicited commercial communications, also known as “spam” protection, privacy of communications, as well as the Constitutional sanctions
is entitled to protection under freedom of expression. To prohibit the transmission of against double jeopardy, undue delegation of legislative authority and the right
unsolicited ads would deny a person the right to read his emails, even unsolicited commercial against unreasonable searches and seizure;
ads addressed to him. Commercial speech is a separate category of speech which is not
o • Sections 6 and 7 of the Cybercrime Act more than doubles the liability
accorded the same level of protection as that given to other constitutionally guaranteed forms
for imprisonment for any violation of existing penal laws are in violation
of expression but is nonetheless entitled to protection. The State cannot rob him of this right
of the petitioners’ right against Double Jeopardy;
without violating the constitutionally guaranteed freedom of expression. Unsolicited
advertisements are legitimate forms of expression. o • Section 12 of the Cybercrime Act, which permits the NBI and the
Criminal law; Cyberlibel under Section 4(c)(4) of the Cybercrime Law is PNP “with due cause” to engage in real time collection of traffic data
constitutional. The Court agrees with the Solicitor General that libel is not a constitutionally without the benefit of the intervention of a judge, violates the
protected speech and that the government has an obligation to protect private individuals Petitioners’ Constitutionally-protected right to be free from
from defamation. Indeed, cyberlibel is actually not a new crime since Article 353, in relation unreasonable searches and seizure as well as the right to the privacy
to Article 355 of the Penal Code, already punishes it. In effect, Section 4(c)(4) above merely of communications;
affirms that online defamation constitutes “similar means” for committing libel. But the Court’s o • Section 19 of the Cybercrime Act, which authorizes the Respondent
acquiescence goes only insofar as the cybercrime law penalizes the author of the libelous Secretary of DOJ to block or restrict access to any content upon a prima
statement or article. Cyberlibel brings with it certain intricacies, unheard of when the Penal facie finding that the same violates the law, contains an undue
Code provisions on libel were enacted. The culture associated with internet media is distinct delegation of legislative authority, infringes upon the judicial power of
from that of print.
the judiciary, and violates the Petitioners’ Constitutionally-protected
Criminal law; Section 5 of the Cybercrime Law that punishes “aiding or abetting”
right to due process and freedom of expression; and
libel on the cyberspace is a nullity. The terms “aiding or abetting” constitute broad sweep
that generates chilling effect on those who express themselves through cyberspace posts, o • Section 4(c)(4) defines libel as a cybercrime and in relation to Section
comments, and other messages. Its vagueness raises apprehension on the part of internet 6 of the law increased the penalty from 6 months to 4 years and 2
users because of its obvious chilling effect on the freedom of expression, especially since the months to the greater period of 6 years to 10 years, infringes upon the
crime of aiding or abetting ensnares all the actors in the cyberspace front in a fuzzy right to freedom of expression and also restricts the freedom of the
way. What is more, as the petitioners point out, formal crimes such as libel are not punishable press. Under Section 12, a prima facie finding by the Secretary of DOJ
unless consummated. In the absence of legislation tracing the interaction of netizens and can trigger an order directed at service providers to block access to the
their level of responsibility such as in other countries, Section 5, in relation to Section 4(c)(4) said material without the benefit of a trial or a conviction. Thus, RA
on Libel, Section 4(c)(3) on Unsolicited Commercial Communications, and Section 4(c)(2) on 10175 infringes upon the right to freedom of expression and also
Child Pornography, cannot stand scrutiny. restricts the freedom of the press. The increased penalties, plus the
ease by which allegedly libelous materials can be removed from access,
FACTS: work together as a “chilling effect” upon protected speech.
Petitioners Jose Jesus M. Disini, Jr., Rowena S. Disini, Lianne Ivy P. Medina, Janette 2. No other plain, speedy, or adequate remedy in the court of law, and that this
Toral and Ernesto Sonido, Jr., as taxpayers, file a Petition for Certiorari and Prohibition
Petition is therefore cognizable by the SC’s judicial power under Article VIII,
under Rule 65 of the 1997 Rules of Civil Procedure, the petitioners seek to 1) nullify Sections
Section 1 par. 2 of the Constitution and pursuant to Rule 65, Sec. 1 of the 1997
4(c)(4), 6, 7, 12 and 19 of RA 10175, otherwise known as the “Cybercrime Prevention Act of
Rules of Civil Procedure, as amended.
2012” for violating the fundamental rights protected under the Constitution; and 2) prohibit
the Respondents, singly and collectively, from enforcing the afore-mentioned provisions of
the Cybercrime Act.
Named as Respondents are the Secretary of Justice, the Secretary of the Interior
and Local Government, the Executive Director of the Information Communications
Technology Office, the Chief of the Philippine National Police, and the Director of the National
Bureau of Investigation.
ARGUMENTS/DISCUSSIONS: citizens may be infringed without judicial participation in the Cybercrime
1. The Cybercrime Act Violates Free Speech: Act;
o • imposes heavier penalties for online libel than paper-based o • Neither the PNP nor the NBI is required to justify the incursion into
libel; single act of online libel will result in two convictions penalized the right to privacy;
separately under the RP and the Cybercrime Act; o No limits imposed upon the PNP or the NBI since they can lawfully
o online libel under the Cybercrime Act will ensure the imprisonment of collect traffic data at all times without interruption;
the accused and for a much longer period. Such changes will result in o • No stated justification for this warrant-free unlimited incursion into
a chilling effect upon the freedom of speech; the privacy of citizens
o • with the passage of the Cybercrime Act, Senator Vicente Sotto III’s 4. The Respondent DOJ Secretary’s Take Down Authority under Section 19 of the
earlier threat to criminally prosecute all bloggers and internet users Cybercrime Act violates Due Process and is an Undue Delegation of Legislative
who were critical of his alleged plagiarism of online materials for use in Authority
his speech against the Reproductive Health Bill became real; threat of o • The DOJ Secretary’s overwhelming powers to order the restriction or
criminal prosecution under RA 10175 will work to preclude people such blocking of access to certain content upon a mere prima facie finding
as Petitioners from posting social commentaries online, thus creating a without any need for a judicial determination is in clear violation of
“chilling effect” upon the freedom of expression; petitioners’ Constitutionally protected right to due process;
o • gives the DOJ Secretary blanket authority to restrain and block access o • The Cybercrime Act contemplates that the respondent DOJ Secretary
to content whether authored by private citizens or the organized press will be “judge, jury and executioner” of all cybercrime-related
sans any hearing of any kind but merely upon a mere prima complaints;
facie showing that a particular Internet article constitutes online libel; o To consider that all penal provisions in all specials laws are cybercrimes
o • respondents must demonstrate how the Cybercrime Act will fare under Section 6, it • follows that:
under strict scrutiny 1. Complaints filed by intellectual property rights owners may
2. Sections 6 and 7 of the Cybercrime Act violate the Double Jeopardy and Equal be acted upon the Respondent DOJ Secretary to block
Protection Clauses of the Constitution: access to websites and content upon a mere prima
o • Persons who commit crimes using information and communication facie showing of an infringement;
technologies (ICTs) face the possibility of being imprisoned more than 2. Foreign sites (e.g. Amazon.com) offering goods on retail to
double the imprisonment laid down in the RPC or special law, simply by Philippine citizens may be blocked for violating the Retail
the passage of the Cybercrime Act; Trade Law;
o • the cybercrimes defined and punished under Section 6 of the Act are 3. Foreign service providers such as Skype may be blocked
absolutely identical to the crimes defined in the RPC and special laws from offering voice services without securing a license from
which raises the possibility that an accused will be punished twice for the National Telecommunications Communication;
the same offense in violation of the Constitution; 4. YouTube video may be blocked for presumably violating the
o • Congress created a class of offenders who commit crimes “by, through IP Code.
or with the use” of ICTs in violation of the equal protection clause o • The Cybercrime Act fails the two tests laid down by the Court
3. The Real Time Collection of Traffic Date Violate the Right to Privacy and the Right in Abakada Guro Party List v. Purisima (GR No. 166715) to determine
Against Unreasonable Searches and Seizure: the validity of delegation of legislative power: (1) the completeness test
o • No compelling state interest that justifies real time collection of data; and (2) the sufficient standard test
the authority vested on the Philippine National Police and the National 1. Nowhere in the Cybercrime Act’s declaration of policy does
Bureau of Investigation to collect data is not bounded by any it lay down the legislative policy with respect to the blocking
reasonable standard except “due cause” which presumably, the PNP of content. No limits upon the takedown power of the
and NBI will determine for itself; respondent DOJ Secretary;
o • While the privacy of suspected terrorists, through the Human Security 2. Prima facie standard is not enough to prevent the DOJ
Act, are protected by the intervention of the Court of Appeals Secretary from exercising infinite discretion and becoming
before surveillance operations are conducted, the privacy of all the supreme authority in the Philippine Internet landscape.
PRAYER: Three other provisions were not struck down and remain in the law, but they will
1. Declare null and void, for being unconstitutional, Sections 4(c)(4), 6, 7, 12 and 19 not apply in certain cases as decided by the SC. Among these provisions is online libel, which
of RA 10175; is constitutional as far as the original author is concerned.
2. Prohibit all Respondents from implementing Sections 4(c)(4), 6, 7, 12 and 19 of Section 5, which pertains to aiding or abetting the commission of a cybercrime and
RA 10175; to the attempt to commit a cybercrime, was declared unconstitutional only in the following
3. Issue a TRO enjoining the Respondents from implementing Sections 4(c)(4), 6, 7, cases: child pornography, unsolicited commercial communications (or spam), and online libel.
12 and 19 of RA 10175; and Section 5 will apply to all other cybercrimes outlined in the law.
National Bureau of Investigation (NBI) Cybercrime Division Chief Ronald Aguto explained to
4. Issue other reliefs, just and equitable in the premises.
Rappler that it will also be hard for both law enforcement and the prosecution to prove the
5. The Supreme Court on Tuesday, February 18, upheld as constitutional most
"attempt to commit a cybercrime."
provisions of Republic Act 10175 or the Cybercrime Law, including online libel –
Aiding a nd abetting the commission of a cybercrime, he added, might unduly
subject to one condition.
cover certain players in the online industry.
6. The High Court also struck down a provision of the law that gives the state the Section 7, which pertains to liability of a cyber criminal under other laws, was
power to take down online content without a court warrant. declared unconstitutional only in the following cases: online libel and child pornography.
7. Seeking to strike a balance between fundamental freedoms and government The SC cited the guarantee against double jeopardy or being punished more than
control, the High Court decided on the constitutionality of Republic Act 10175 a once for the same offense – a guarantee outlined in the Constitution – in deciding on Section
little over a year afteroral arguments were heard on Jan 15, 2013. 7.
8. Among the hotly-debated issues during the oral arguments was the law's provision Libel is punishable by Article 353 of the Revised Penal Code, while child
on online libel. (READ: 'Libel gone is best-case scenario for SC cybercime ruling') pornography is punishable by RA 9775 or the Anti-Child Pornography Act.
9. The Supreme Court decision, penned by Justice Roberto Abad, ruled online libel to A person convicted of libel or child pornography can only be punished once, under the
be constitutional but with an exception – that is, in cases where it covers persons coverage of a single law.
other than the original author. Recipients of, and netizens who react to a
potentially defamatory post, will not be covered by online libel.
Unconstitutional provisions
Three provisions were voted down as categorically unconstitutional:
Section 4 (c)(3) which pertains to unsolicited commercial communications
Section 12 which pertains to real-time collection of traffic data
Section 19 which pertains to restricting or blocking access to computer data
The SC decided that Section 19 – granting power to the Department of Justice (DOJ) to
restrict computer data on the basis of prima facie or initially observed evidence – was not in
keeping with the Constitution. The said automatic take-down clause is found in Section 19 of
the cybercrime law.
Even the SOLICITOR General, in his defense of RA 10175, admitted before the SC that
Section 19 is "constitutionally impermissible, because it permits a form of final restraint on
speech without prior judicial determination."
Section 12 would have allowed law enforcement authorities with due cause to collect or record
by technical or electronic means "traffic data" in real time.
Section 4 (c)(3) of the law says that "the transmission of commercial electronic
communication with the use of computer system which seek to advertise, sell, or offer for
sale products and services are prohibited" unless certain conditions – such as prior affirmative
consent from the recipient – are met. This was ruled unconstitutional.
A separability clause contained in Section 29, Chapter VIII of the law allows the rest of the
law to "remain in full force and effect" even if certain provisions are held invalid.
Quo warranto as a remedy to oust an ineligible public official may be availed of when the subject act On February 2018, Atty. Eligio Mallari wrote to the OSG, requesting that the latter, in representation
or omission was committed prior to or at the time of appointment or election relating to an official’s of the Republic, initiate a quo warranto proceeding against Sereno. The OSG, invoking the Court’s
qualifications to hold office as to render such appointment or election invalid. Acts or omissions, original jurisdiction under Section 5(1), Article VIII of the Constitution in relation to the special civil
even if it relates to the qualification of integrity being a continuing requirement but nonetheless action under Rule 66, the Republic, through the OSG filed the petition for the issuance of the
committed during the incumbency of a validly appointed and/or validly elected official cannot be the extraordinary writ of quo warranto to declare as void Sereno’s appointment as CJ of the SC and to
subject of a quo warranto proceeding, but of impeachment if the public official concerned is oust and altogether exclude Sereno therefrom. [yourlawyersays]
impeachable and the act or omission constitutes an impeachable offense, or to disciplinary,
administrative or criminal action, if otherwise.
Capistrano, Sen. De Lima, Sen. Trillianes, et. al., intervened. Sereno then filed a Motion for
Inhibition against AJ Bersamin, Peralta, Jardeleza, Tijam, and Leonardo-De Castro, imputing actual
FACTS: bias for having testified against her on the impeachment hearing before the House of Representatives.
From 1986 to 2006, Sereno served as a member of the faculty of the University of the Philippines- Contentions:
College of Law. While being employed at the UP Law, or from October 2003 to 2006, Sereno was
concurrently employed as legal counsel of the Republic in two international arbitrations known as the
PIATCO cases, and a Deputy Commissioner of the Commissioner on Human Rights. Office of the Solicitor General (petitioner):
The Human Resources Development Office of UP (UP HRDO) certified that there was no record on OSG argues that the quo warranto is an available remedy because what is being sought is to question
Sereno’s file of any permission to engage in limited practice of profession. Moreover, out of her 20 the validity of her appointment, while the impeachment complaint accuses her of committing
years of employment, only nine (9) Statement of Assets, Liabilities, and Net Worth (SALN) were on culpable violation of the Constitution and betrayal of public trust while in office, citing Funa v.
the records of UP HRDO. In a manifestation, she attached a copy of a tenth SALN, which she Chairman Villar, Estrada v. Desierto and Nacionalista Party v. De Vera. OSG maintains that the
supposedly sourced from the “filing cabinets” or “drawers of UP”. The Ombudsman likewise had no phrase “may be removed from office” in Section 2, Article XI of the Constitution means that
record of any SALN filed by Sereno. The JBC has certified to the existence of one SALN. In sum, for Members of the SC may be removed through modes other than impeachment.
20 years of service, 11 SALNs were recovered.
OSG contends that it is seasonably filed within the one-year reglementary period under Section 11,
On August 2010, Sereno was appointed as Associate Justice. On 2012, the position of Chief Justice Rule 66 since Sereno’s transgressions only came to light during the impeachment proceedings.
was declared vacant, and the JBC directed the applicants to submit documents, among which are “all Moreover, OSG claims that it has an imprescriptible right to bring a quo warranto petition under the
previous SALNs up to December 31, 2011” for those in the government and “SALN as of December maxim nullum tempus occurit regi (“no time runs against the king”) or prescription does not operate
31, 2011” for those from the private sector. The JBC announcement further provided that “applicants against the government. The State has a continuous interest in ensuring that those who partake of its
with incomplete or out-of-date documentary requirements will not be interviewed or considered for sovereign powers are qualified. Even assuming that the one-year period is applicable to the OSG,
nomination.” Sereno expressed in a letter to JBC that since she resigned from UP Law on 2006 and considering that SALNs are not published, the OSG will have no other means by which to know the
became a private practitioner, she was treated as coming from the private sector and only submitted disqualification.
three (3) SALNs or her SALNs from the time she became an Associate Justice. Sereno likewise
added that “considering that most of her government records in the academe are more than 15 years
old, it is reasonable to consider it infeasible to retrieve all of those files,” and that the clearance issued Moreover, OSG maintains that the SC has jurisdiction, citing A.M. No. 10-4-20-SC which created a
by UP HRDO and CSC should be taken in her favor. There was no record that the letter was permanent Committee on Ethics and Ethical Standards, tasked to investigate complaints involving
graft and corruption and ethical violations against members of the SC and contending that this is not a Furthermore, Sereno argues that it is already time-barred. Section 11, Rule 66 provides that a petition
political question because such issue may be resolved through the interpretation of the provisions of for quo warranto must be filed within one (1) year from the “cause of ouster” and not from the
the Constitution, laws, JBC rules, and Canons of Judicial Ethics. “discovery” of the disqualification.
OSG seeks to oust Sereno from her position as CJ on the ground that Sereno failed to show that she is Moreover, Sereno contends that the Court cannot presume that she failed to file her SALNs because
a person of proven integrity which is an indispensable qualification for membership in the Judiciary as a public officer, she enjoys the presumption that her appointment to office was regular. OSG failed
under Section 7(3), Article VIII of the Constitution. According to the OSG, because OSG failed to to overcome the presumption created by the certifications from UP HRDO that she had been cleared
fulfill the JBC requirement of filing the complete SALNs, her integrity remains unproven. The failure of all administrative responsibilities and charges. Her integrity is a political question which can only
to submit her SALN, which is a legal obligation, should have disqualified Sereno from being a be decided by the JBC and the President.
candidate; therefore, she has no right to hold the office. Good faith cannot be considered as a defense
since the Anti-Graft and Corrupt Practices Act (RA No. 3019) and Code of Conduct and Ethical
Standards for Public Officials and Employees (RA No. 6713) are special laws and are thus governed Regarding her missing SALNs, Sereno contends that the fact that SALNs are missing cannot give rise
by the concept of malum prohibitum, wherein malice or criminal intent is completely immaterial. to the inference that they are not filed. The fact that 11 SALNs were filed should give an inference to
a pattern of filing, not of non-filing.
Sereno (respondent):
Intervenors’ arguments:
Sereno contends that an impeachable officer may only be ousted through impeachment, citing
Section 2 of Article XI of the Constitution, and Mayor Lecaroz v. Sandiganbayan, Cuenca v. Hon. The intervenors argue that it is not incumbent upon Sereno to prove to the JBC that she possessed the
Fernan, In Re: First lndorsement from Hon. Gonzales, and Re: Complaint-Affidavit for Disbarment integrity required by the Constitution; rather, the onus of determining whether or not she qualified for
Against SAJ Antonio T. Carpio. Sereno contends that the clear intention of the framers of the the post fell upon the JBC. Moreover, submission of SALNs is not a constitutional requirement; what
Constitution was to create an exclusive category of public officers who can be removed only by is only required is the imprimatur of the JBC. The intervenors likewise contend that “qualifications”
impeachment and not otherwise. Impeachment was chosen as the method of removing certain high- such as citizenship, age, and experience are enforceable while “characteristics” such as competence,
ranking government officers to shield them from harassment suits that will prevent them from integrity, probity, and independence are mere subjective considerations.
performing their functions which are vital to the continued operations of government. Sereno further
argues that the word “may” on Section 2 of Article XI only qualifies the penalty imposable after the
impeachment trial, i.e., removal from office. Sereno contends that the since the mode is wrong, the ISSUES:
SC has no jurisdiction.
Preliminary issues:
Sereno likewise argues that the cases cited by OSG is not in all fours with the present case because
the President and the Vice President may, in fact, be removed by means other than impeachment on
the basis of Section 4, Article VII of the 1987 Constitution vesting in the Court the power to be the
1. Whether the Court should entertain the motion for intervention
“sole judge” of all contests relating to the qualifications of the President and the Vice-President.
2. Whether the Court should grant the motion for the inhibition of Sereno against five Justices
There is no such provision for other impeachable officers. Moreover, on the rest of the cases cited by
the OSG, there is no mention that quo warranto may be allowed.
Main Issues:
Sereno also argues that since a petition for quo warranto may be filed before the RTC, such would
result to a conundrum because a judge of lower court would have effectively exercised disciplinary 3. Whether the Court can assume jurisdiction and give due course to the instant petition for quo
power and administrative supervision over an official of the Judiciary much higher in rank and is warranto.
contrary to Sections 6 and 11, Article VIII of the Constitution which vests upon the SC disciplinary 4. Whether Sereno may be the respondent in a quo warranto proceeding notwithstanding the fact that an
and administrative power over all courts and the personnel thereof. impeachment complaint has already been filed with the House of Representatives.
5. Whether Sereno, who is an impeachable officer, can be the respondent in a quo warranto proceeding,
i.e., whether the only way to remove an impeachable officer is impeachment.
Sereno likewise posits that if a Member of the SC can be ousted through quo warranto initiated by 6. Whether to take cognizance of the quo warranto proceeding is violative of the principle of separation
the OSG, the Congress’ “check” on the SC through impeachment would be rendered inutile. of powers
7. Whether the petition is outrightly dismissible on the ground of prescription
8. Whether the determination of a candidate’s eligibility for nomination is the sole and exclusive
function of the JBC and whether such determination. partakes of the character of a political question
outside the Court’s supervisory and review powers;
9. Whether the filing of SALN is a constitutional and statutory requirement for the position of Chief Sereno’s call for inhibition has been based on speculations, or on distortions of the language, context
Justice. and meaning of the answers the Justices may have given as sworn witnesses in the proceedings
10. If answer to ninth issue is in the affirmative, whether Sereno failed to file her SALNs as mandated by before the House.
the Constitution and required by the law and its implementing rules and regulations
11. If answer to ninth issue is in the affirmative, whether Sereno filed SALNs are not filed properly and
promptly. Moreover, insinuations that the Justices of the SC are towing the line of President Duterte in
12. Whether Sereno failed to comply with the submission of SALNs as required by the JBC entertaining the quo warranto petition must be struck for being unfounded and for sowing seeds of
13. If answer to the twelfth issue is in the affirmative, whether the failure to submit SALNs to the JBC mistrust and discordance between the Court and the public. The Members of the Court are beholden
voids the nomination and appointment of Sereno as Chief Justice; to no one, except to the sovereign Filipino people who ordained and promulgated the Constitution. It
14. In case of a finding that Sereno is ineligible to hold the position of Chief Justice, whether the is thus inappropriate to misrepresent that the SolGen who has supposedly met consistent litigation
subsequent nomination by the JBC and the appointment by the President cured such ineligibility. success before the SG shall likewise automatically and positively be received in the present quo
15. Whether Sereno is a de jure or a de facto officer. warranto action. As a collegial body, the Supreme Court adjudicates without fear or favor. The best
person to determine the propriety of sitting in a case rests with the magistrate sought to be
disqualified. [yourlawyersays]
[READ: Justice Leonen’s dissenting opinion: Q&A Format]
Anent the third issue: A quo warranto petition is allowed against impeachable officials and SC has
HELD:
jurisdiction.
Section 2 of Rule 66 provides that “the Solicitor General or a public prosecutor, when directed by the
President of the Philippines, or when upon complaint or otherwise he has good reason to believe that Section 17, Article XI of the Constitution states that “A public officer or employee shall, upon
any case specified in the preceding section can be established by proof must commence such action.” assumption of office and as often thereafter as may be required by law, submit a declaration under
It may be stated that ordinary statutes of limitation, civil or penal, have no application to quo oath of his assets, liabilities, and net worth.” This has likewise been required by RA 3019 and RA
warranto proceeding brought to enforce a public right. There is no limitation or prescription of action 6713. “Failure to comply” with the law is a violation of law, a “prima facie evidence of unexplained
in an action for quo warranto, neither could there be, for the reason that it was an action by the wealth, which may result in the dismissal from service of the public officer.” It is a clear breach of
Government and prescription could not be plead as a defense to an action by the Government. the ethical standards set for public officials and employees. The filing of the SALN is so important
for purposes of transparency and accountability that failure to comply with such requirement may
result not only in dismissal from the public service but also in criminal liability. Section 11 of R.A.
That prescription does not lie in this case can also be deduced from the very purpose of an action No. 6713 even provides that non-compliance with this requirement is not only punishable by
for quo warranto. Because quo warranto serves to end a continuous usurpation, no statute of imprisonment and/or a fine, it may also result in disqualification to hold public office.
limitations applies to the action. Needless to say, no prudent and just court would allow an
unqualified person to hold public office, much more the highest position in the Judiciary. Moreover,
the Republic cannot be faulted for questioning Sereno’s qualification· for office only upon discovery Because the Chief Justice is a public officer, she is constitutionally and statutorily mandated to
of the cause of ouster because even up to the present, Sereno has not been candid on whether she perform a positive duty to disclose all of his assets and liabilities. According to Sereno herself in her
filed the required SALNs or not. The defect on Sereno’s appointment was therefore not discernible, dissenting opinion in one case, those who accept a public office do so cum onere, or with a burden,
but was, on the contrary, deliberately rendered obscure. and are considered as accepting its burdens and obligations, together with its benefits. They thereby
subject themselves to all constitutional and legislative provisions relating thereto, and undertake to
perform all the duties of their office. The public has the right to demand the performance of those
Anent the eighth issue: The Court has supervisory authority over the JBC includes ensuring that the duties. More importantly, while every office in the government service is a public trust, no position
JBC complies with its own rules. exacts a greater demand on moral righteousness and uprightness of an individual than a seat in the
Judiciary.
Section 8(1), Article VIII of the Constitution provides that “A Judicial and Bar Council is hereby
created under the supervision of the Supreme Court.” The power of supervision means “overseeing or Noncompliance with the SALN requirement indubitably·reflects on a person’s integrity. It is not
the authority of an officer to see to it that the subordinate officers perform their duties.” JBC’s merely a trivial or a formal requirement. The contention that the mere non-filing does not affect
absolute autonomy from the Court as to place its non-action or improper· actions beyond the latter’s Sereno’s integrity does not persuade considering that RA 6713 and RA 3019 are malum
reach is therefore not what the Constitution contemplates. What is more, the JBC’s duty to prohibitum and not malum in se. Thus, it is the omission or commission of that act as defined by the
recommend or nominate, although calling for the exercise of discretion, is neither absolute nor law, and not the character or effect thereof, that determines whether or not the provision has been
unlimited, and is not automatically equivalent to an exercise of policy decision as to place, in violated. Malice or criminal intent is completely immaterial.
wholesale, the JBC process beyond the scope of the Court’s supervisory and corrective powers.
While a certain leeway must be given to the JBC in screening aspiring magistrates, the same does not
give it an unbridled discretion to ignore Constitutional and legal requirements. Thus, the nomination Anent the tenth issue: Sereno chronically failed to file her SALNs and thus violated the Constitution,
by the JBC is not accurately an exercise of policy or wisdom as to place the JBC’s actions in the the law, and the Code of Judicial Conduct.
same category as political questions that the Court is barred from resolving. [yourlawyersays]
In Sereno’s 20 years of government service in UP Law, only 11 SALNs have been filed. Sereno
[READ: Justice Leonen’s dissenting opinion: Q&A Format] could have easily dispelled doubts as to the filing or nonfiling of the unaccounted SALNs by
presenting them before the Court. Yet, Sereno opted to withhold such information or such evidence,
if at all, for no clear reason. The Doblada case, invoked by Sereno, cannot be applied, because in the
With this, it must be emphasized that qualifications under the Constitution cannot be waived or Doblada case, there was a letter of the head of the personnel of the branch of the court that the
bargained by the JBC, and one of which is that “a Member of the Judiciary must be a person missing SALN exists and was duly transmitted and received by the OCA as the repository agency. In
of proven competence, integrity, probity, and independence. “Integrity” is closely related to, or if not, Sereno’s case, the missing SALNs are neither proven to be in the records of nor was proven to have
been sent to and duly received by the Ombudsman as the repository agency. The existence of these personal properties were seen in her first five months as Associate Justice. It is therefore clear as day
SALNs and the fact of filing thereof were neither established by direct proof constituting substantial that Sereno failed not only in complying with the physical act of filing, but also committed
evidence nor by mere inference. Moreover, the statement of the Ombudsman is categorical: “based dishonesty betraying her lack of integrity, honesty and probity. The Court does not hesitate to impose
on records on file, there is no SALN filed by [Sereno] for calendar years 1999 to 2009 except SALN the supreme penalty of dismissal against public officials whose SALNs were found to have contained
ending December 1998.” This leads the Court to conclude that Sereno did not indeed file her SALN. discrepancies, inconsistencies and non-disclosures.
For this reason, the Republic was able to discharge its burden of proof with the certification from UP Anent the twelfth issue: Sereno failed to submit the required SALNs as to qualify for nomination
HRDO and Ombudsman, and thus it becomes incumbent upon Sereno to discharge her burden of pursuant to the JBC rules.
evidence. Further, the burden of proof in a quo warranto proceeding is different when it is filed by
the State in that the burden rests upon the respondent.
The JBC required the submission of at least ten SALNs from those applicants who are incumbent
Associate Justices, absent which, the applicant ought not to have been interviewed, much less been
In addition, contrary to what Sereno contends, being on leave does not exempt her from filing her considered for nomination. From the minutes of the meeting of the JBC, it appeared that Sereno was
SALN because it is not tantamount to separation from government service. The fact that Sereno did singled out from the rest of the applicants for having failed to submit a single piece of SALN for her
not receive any pay for the periods she was on leave does not make her a government worker years of service in UP Law. It is clear that JBC did not do away with the SALN requirement, but still
“serving in an honorary capacity” to be exempted from the SALN laws on RA required substantial compliance. Subsequently, it appeared that it was only Sereno who was not able
6713. [yourlawyersays] to substantially comply with the SALN requirement, and instead of complying, Sereno wrote a letter
containing justifications why she should no longer be required to file the SALNs: that she resigned
from U.P. in 2006 and then resumed government service only in 2009, thus her government service is
Neither can the clearance and certification of UP HRDO be taken in favor of Sereno. During the not continuous; that her government records are more than 15 years old and thus infeasible to
period when Sereno was a professor in UP, concerned authorized official/s of the Office of the retrieve; and that U.P. cleared her of all academic and administrative responsibilities and charges.
President or the Ombudsman had not yet established compliance procedures for the review of SALNs
filed by officials and employees of State Colleges and Universities, like U.P. The ministerial duty of
the head of office to issue compliance order came about only on 2006 from the CSC. As such, the These justifications, however, did not obliterate the simple fact that Sereno submitted only 3 SALNs
U.P. HRDO could not have been expected to perform its ministerial duty of issuing compliance to the JBC in her 20-year service in U.P., and that there was nary an attempt on Sereno’s part to
orders to Sereno when such rule was not yet in existence at that time. Moreover, the clearance are not comply. Moreover, Sereno curiously failed to mention that she did not file several SALNs during the
substitutes for SALNs. The import of said clearance is limited only to clearing Sereno of her course of her employment in U.P. Such failure to disclose a material fact and the concealment thereof
academic and administrative responsibilities, money and property accountabilities and from from the JBC betrays any claim of integrity especially from a Member of the Supreme
administrative charges as of the date of her resignation. Court. [yourlawyersays]
Neither can Sereno’s inclusion in the matrix of candidates with complete requirements and in the Indubitably, Sereno not only failed to substantially comply with the submission of the SALNs but
shortlist nominated by the JBC confirm or ratify her compliance with the SALN requirement. Her there was no compliance at all. Dishonesty is classified as a grave offense the penalty of which is
inclusion in the shortlist of candidates for the position of Chief Justice does not negate, nor supply dismissal from the service at the first infraction. A person aspiring to public office must observe
her with the requisite proof of integrity. She should have been disqualified at the outset. Moreover, honesty, candor and faithful compliance with the law. Nothing less is expected. Dishonesty is a
the JBC En Banc cannot be deemed to have considered Sereno eligible because it does not appear malevolent act that puts serious doubt upon one’s ability to perform his duties with the integrity and
that Sereno’s failure to submit her SALNs was squarely addressed by the body. Her inclusion in the uprightness demanded of a public officer or employee. For these reasons, the JBC should no longer
shortlist of nominees and subsequent appointment to the position do not estop the Republic or this have considered Sereno for interview.
Court from looking into her qualifications. Verily, no estoppel arises where the representation or
conduct of the party sought to be estopped is due to ignorance founded upon an innocent mistake
Moreover, the fact that Sereno had no permit to engage in private practice while in UP, her false
representations that she was in private practice after resigning from UP when in fact she was counsel
Anent the eleventh issue: Sereno failed to properly and promptly file her SALNs, again in violation for the government, her false claims that the clearance from UP HRDO is proof of her compliance
of the Constitutional and statutory requirements . with SALNs requirement, her commission of tax fraud for failure to truthfully declare her income in
her ITRs for the years 2007-2009, procured a brand new Toyota Land Cruiser worth at least
P5,000,000, caused the hiring of Ms. Macasaet without requisite public bidding, misused P3,000,000
Failure to file a truthful, complete and accurate SALN would likewise amount to dishonesty if the of government funds for hotel accommodation at Shangri-La Boracay as the venue of the 3rd ASEAN
same is attended by malicious intent to conceal the truth or to make false statements. The suspicious Chief Justices meeting, issued a TRO in Coalition of Associations of Senior Citizens in the
circumstances include: 1996 SALN being accomplished only in 1998; 1998 SALN only filed in Philippines v. COMELEC contrary to the Supreme Court’s internal rules, manipulated the disposition
2003; 1997 SALN only notarized in 1993; 2004-2006 SALNs were not filed which were the years of the DOJ request to transfer the venue of the Maute cases outside of Mindanao, ignored rulings of
when she received the bulk of her fees from PIATCO cases, 2006 SALN was later on intended to be the Supreme Court with respect to the grant of survivorship benefits which caused undue delay to the
for 2010, gross amount from PIATCO cases were not reflected, suspicious increase of P2,700,000 in release of survivorship benefits to spouses of deceased judges and Justices, manipulated the processes
of the JBC to exclude then SolGen, now AJ Francis Jardeleza, by using highly confidential document impeachable official and her removal from the office, other than by impeachment, is justified. The
involving national security against the latter among others, all belie the fact that Sereno has integrity. remedy, therefore, of a quo warranto at the instance of the State is proper to oust Sereno from the
appointive position of Chief Justice. [yourlawyersays]
Anent the thirteenth issue: Sereno’s failure to submit to the JBC her SALNs for several years means
that her integrity was not established at the time of her application DISPOSITIVE PORTION:
The requirement to submit SALNs is made more emphatic when the applicant is eyeing the position
of Chief Justice. On the June 4, 2012, JBC En Banc meeting, Senator Escudero proposed the addition
of the requirement of SALN in order for the next Chief Justice to avoid what CJ Corona had gone
through. Further, the failure to submit the required SALNs means that the JBC and the public are WHEREFORE, the Petition for Quo Warranto is GRANTED.
divested of the opportunity to consider the applicant’s fitness or propensity to commit corruption or
dishonesty. In Sereno’s case, for example, the waiver of the confidentiality of bank deposits would be
practically useless for the years that she failed to submit her SALN since the JBC cannot verify Sereno is found DISQUALIFIED from and is hereby adjudged GUILTY of UNLAWFULLY
whether the same matches the entries indicated in the SALN. HOLDING and EXERCISING the OFFICE OF THE CHIEF JUSTICE. Accordingly, Sereno
is OUSTED and EXCLUDED therefrom.
Anent the fourteenth issue: Sereno’s ineligibility for lack of proven integrity cannot be cured by her
nomination and subsequent appointment as Chief Justice. The position of the Chief Justice of the Supreme Court is declared vacant and the Judicial and Bar
Council is directed to commence the application and nomination process.
Well-settled is the rule that qualifications for public office must be possessed at the time of
appointment and assumption of office and also during the officer’s entire tenure as a continuing This Decision is immediately executory without need of further action from the Court.
requirement. The voidance of the JBC nomination as a necessary consequence of the Court’s finding
that Sereno is ineligible, in the first place, to be a candidate for the position of Chief Justice and to be
nominated for said position follows as a matter of course. The Court has ample jurisdiction to do so
Sereno is ordered to SHOW CAUSE within ten (10) days from receipt hereof why she should not be
without the necessity of impleading the JBC as the Court can take judicial notice of the explanations
sanctioned for violating the Code of Professional Responsibility and the Code of Judicial Conduct for
from the JBC members and the OEO. he Court, in a quo warranto proceeding, maintains the power to
transgressing the sub judice rule and for casting aspersions and ill motives to the Members of the
issue such further judgment determining the respective rights in and to the public office, position or
Supreme Court.
franchise of all the parties to the action as justice requires.
Neither will the President’s act of appointment cause to qualify Sereno. Although the JBC is an office
constitutionally created, the participation of the President in the selection and nomination process is
evident from the composition of the JBC itself.
Anent the fifteenth issue: Sereno is a de facto officer removable through quo warranto
The effect of a finding that a person appointed to an office is ineligible therefor is that his presumably
valid appointment will give him color of title that confers on him the status of a de facto officer. For
lack of a Constitutional qualification, Sereno is ineligible to hold the position of Chief Justice and is
merely holding a colorable right or title thereto. As such, Sereno has never attained the status of an