Top Philippines court ousts its own chief justice

Maria Lourdes Sereno is the first Supreme Court chief justice to be removed by her peers. The move comes after President Rodrigo Duterte called her an "enemy" for confronting his administration. She is accused of violating court rules.

Ousted chief justice Maria Lourdes Sereno waves to supporters at a rally outside the Supreme Court building, Manila, Philippines on May 11, 2018.
Reuters

Ousted chief justice Maria Lourdes Sereno waves to supporters at a rally outside the Supreme Court building, Manila, Philippines on May 11, 2018.

The Philippine Supreme Court on Friday ousted its own chief justice, Maria Lourdes Sereno, a prominent critic of the country's president, in an unprecedented vote by her fellow magistrates.

Sereno, the country's first woman chief justice, and hundreds of her supporters protested the move, calling it unconstitutional and a threat to democracy.

Court spokesman Theodore Te said eight of 14 justices voted to grant a petition by the government's solicitor-general to remove Sereno from the 15-member tribunal for allegedly failing to file statements of assets and liabilities as required by law. Sereno denies the allegation and refused to participate in the vote.

Sereno has angered President Rodrigo Duterte by speaking up for respect for the law and human rights at a time he has led a brutal crackdown on illegal drugs that has left thousands of suspects dead.

About 1,800 protesters gathered to support Sereno outside the court in Manila, where anti-riot police blocked an access road with trucks and iron railings to maintain order and separate a smaller group of anti-Sereno demonstrators.

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"Disqualified" from holding office

Sereno is facing a separate impeachment bid in the House of Representatives, which is dominated by Duterte's allies. 

She has warned that the efforts by the Duterte administration to oust her are a threat to democracy, saying the petition that led to Friday's vote violates the constitution, which stipulates that top officials like her can only be removed by impeachment.

"Respondent Maria Lourdes Sereno is now disqualified from and hereby adjudged guilty of unlawfully holding and exercising the office of the chief justice," Te told a news conference as he read the verdict. 

Sereno was ordered to explain within 10 days why she should not be sanctioned for allegedly discussing the complaint against her in public and "for casting aspersions and ill-motive to the members of the Supreme Court."

TRT World spoke Ana Santos in Manila.

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"Death of democracy"

"This is more than a wake-up call. If we don't wake up now, it will really be the death of democracy and sometimes history is cruel," Roman Catholic priest and protest leader Robert Reyes said outside the court.

The Philippines has on paper an independent judiciary which is meant to be a check and balance on executive power.

Reyes added that ousting people like Sereno could lead to a situation where "there will be no more balance of power. Duterte will be a virtual dictator so the institutions should really wake up."

Critics said the court's action set a dangerous precedent and would give the Duterte administration a legal weapon to curb and muzzle dissent.

"Mockery of constitution"

Opposition leader Senator Francis Pangilinan says Congress should insist on its exclusive constitutional role to remove key officials like Sereno through impeachment.

Pangilinan, who heads the opposition Liberal Party, says "what the majority in the Supreme Court did was a mockery of the constitution."

"The people should express to the court that the decision was wrong and unacceptable." Pangilinan also said Sereno should appeal the decision.

Aside from a government petition to declare Sereno ineligible to lead the Supreme Court over her alleged failure to declare her wealth before she became chief justice, she also faced an impeachment complaint in the House of Representatives. She says she was ready to defend herself if the impeachment case reached the Senate for trial.

But the impeachment process has now been pre-empted by Friday's vote to remove her from the court, sparking legal confusion over what would happen to the votes she cast on cases in the years she led the country's highest court.

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"I am now your enemy"

Duterte has sought the removal of Sereno and a top anti-graft prosecutor, Conchita Carpio-Morales, accusing them of allowing themselves to be used to discredit his administration.

Sereno angered Duterte after she disagreed with his efforts to take action against judges authorities linked to illegal drugs in 2016, saying the Supreme Court should be the one to punish erring judges.

Duterte said he had avoided getting involved in efforts to remove Sereno but got fed up.

"So I'm putting you on notice that I am now your enemy. And you have to be out of the Supreme Court," Duterte said in a speech last month, in which he said he requested lawmakers to 'go into the impeachment right away.'"

The House Justice Committee said in March there was probable cause to impeach Sereno, accusing her of corruption, breach of public trust and other serious crimes. Six of Sereno's fellow justices testified against her in the hearings that started in September, exposing rifts in the high court.

Sereno has denied any wrongdoing.

International rights groups and local critics have accused Duterte of drifting toward authoritarianism after declaring martial law in the south amid a major attack by pro-Daesh militants last year. The five-month siege was quelled but martial law has been extended.

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