The Supreme Court ruled that Maria Lourdes P.A. Sereno, former Chief Justice, was guilty of violating the Code of Professional Responsibility (CPR) and the New Code of Judicial Conduct for the Philippine Judiciary (NCJC) due to public statements she made during the quo warranto proceedings against her. Despite not imposing suspension, the Court issued a reprimand with a stern warning, underscoring the importance of maintaining respect for the judiciary, even when acting as a party-litigant. This decision reinforces the high ethical standards expected of lawyers and judges, emphasizing that their conduct, both public and private, must uphold the integrity and dignity of the legal profession.

Sereno’s Defense in the Public Eye: Upholding Judicial Ethics Amidst Legal Battles

This case arose from the quo warranto proceedings initiated against then Chief Justice Maria Lourdes P.A. Sereno. While facing these legal challenges, Sereno engaged in numerous public appearances, including speaking engagements and media interviews. The Supreme Court scrutinized these actions, focusing on whether her public statements violated the sub judice rule and cast aspersions on the integrity of the Court and its members. The core legal question was whether Sereno’s actions, as a lawyer and former Chief Justice, warranted administrative sanctions for breaching ethical standards.

Sereno argued that her actions should be viewed from the perspective of a party-litigant rather than a judge or lawyer, suggesting a less stringent standard should apply. She contended that her public statements did not pose a serious and imminent threat to the administration of justice. Furthermore, she claimed she was merely discharging her duty to uphold the Constitution. Central to her defense was the assertion that she was responding to public attacks from the Solicitor General and that she was denied due process.

The Court rejected Sereno’s arguments, emphasizing that lawyers and judges are held to high standards of morality, honesty, and fair dealing, regardless of whether they are acting in their private or professional capacity. The Court cited several instances where it emphasized the high sense of morality and fair dealing expected of members of the Bar. As stated in Mendoza v. Atty. Deciembre, “Lawyers must conduct themselves with great propriety, and their behavior must be beyond reproach anywhere and at all times, whether they are dealing with their clients or the public at large.” The Court found that Sereno’s role as a litigant did not exempt her from these ethical obligations, especially considering her position as Chief Justice at the time.

The discussion then turned to the sub judice rule, which restricts comments and disclosures pertaining to pending judicial proceedings. While acknowledging that the “clear and present danger” rule applies in contempt proceedings, the Court clarified that this case was an administrative matter concerning the discipline of a member of the Bar and a judicial officer. This distinction is crucial because the standards for imposing sanctions differ significantly. The Court emphasized its duty to discipline members of the Bar and judicial officers and cited relevant provisions from the CPR and NCJC, which mandate strict observance of the sub judice rule.

Key provisions of the CPR and NCJC include Canon 13 of the CPR, which states, “A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE COURT.” Similarly, the NCJC emphasizes judicial independence, integrity, and impartiality. These provisions underscore the ethical obligations of lawyers and judges to maintain the dignity of the judicial office and public confidence in the judiciary.

The Court presented a comprehensive table detailing specific instances where Sereno’s public statements violated the sub judice rule. These included forums at universities, speeches before legal organizations, and interviews with media outlets. In these statements, Sereno made claims that the quo warranto petition would lead to dictatorship, that the people could no longer rely on the Court’s impartiality, and that she could not expect fairness from the Court. The Court found that these utterances not only tended to arouse public opinion but also tarnished the Court’s integrity and unfairly attributed false motives to its Members. “To be sure, these statements do not only ‘tend to’ but categorically force and attempt to influence the deliberative and decision-making process of this Court,” the decision stated.

Addressing Sereno’s argument that she merely echoed arguments from her pleadings, the Court found that her statements went beyond what was presented in court. For example, her claim that the grant of the quo warranto petition would result in dictatorship was not part of her pleadings. Thus, the Court rejected the argument that her public statements were merely reiterations of her position in the case.

The Court also dismissed Sereno’s claim that her public statements were aimed at discharging her duty as a Justice and a lawyer to uphold the Constitution. The Court found that her statements were direct and loaded attacks on the Court and its Members, constituting a blatant disrespect to the institution. As the nation’s then highest-ranking judicial official, Sereno was expected to exercise extreme caution in giving her opinions and observed genuine confidence to the Court’s processes. The Court emphasized that lawyers must display appropriate decorum and afford proper and utmost respect due to the courts.

Lastly, the Court addressed Sereno’s claims of being justified due to alleged attacks from the Solicitor General and the media, as well as her claim of denial of due process. It found that the statements made by the Solicitor General did not challenge the Court’s authority or undermine its ability to pass judgment with impartiality. Moreover, the Court reiterated that Sereno had been given ample opportunity to explain her side, both in Congress and before the Court. The Court cited the essence of due process, noting that Sereno had been given several opportunities to explain her side, including a special hearing for oral arguments.

In determining the appropriate sanction, the Court considered previous cases where lawyers were disciplined for similar offenses. While acknowledging the severity of Sereno’s offenses, the Court opted to impose a lighter penalty, taking into account her removal as Chief Justice, her length of service in the government, and the fact that she had not been previously found administratively liable. Instead of suspension, the Court meted out a reprimand with a stern warning. The Court clarified that this leniency was not a condonation of her wrongdoings but a second chance to mend her ways and set an example for other members of the legal profession.

FAQs

What was the key issue in this case?	The key issue was whether Maria Lourdes P.A. Sereno violated the Code of Professional Responsibility and the New Code of Judicial Conduct through public statements made during the quo warranto proceedings against her.
What is the sub judice rule?	The sub judice rule restricts comments and disclosures pertaining to pending judicial proceedings to avoid prejudging the issue, influencing the court, or obstructing the administration of justice.
Why was Sereno not suspended from the practice of law?	The Court, considering her removal as Chief Justice and length of service, opted for a reprimand with a stern warning instead of suspension, viewing further suspension as excessively punitive.
What ethical codes did Sereno violate?	Sereno violated Canon 13, Rule 13.02, and Canon 11 of the Code of Professional Responsibility, as well as various sections of Canons 1, 2, 3, and 4 of the New Code of Judicial Conduct.
Did the Court apply the “clear and present danger” rule?	The Court clarified that the “clear and present danger” rule applies to contempt proceedings, not administrative proceedings for disciplining members of the Bar and Bench.
How did the Court address Sereno’s due process claims?	The Court found that Sereno was given several opportunities to explain her side, both in Congress and before the Court, negating her claims of a denial of due process.
What is the significance of this ruling?	The ruling underscores the high ethical standards expected of lawyers and judges, reinforcing that their conduct, both public and private, must uphold the integrity and dignity of the legal profession.
What kind of penalty was imposed on Sereno?	A reprimand with a stern warning was imposed on Sereno, emphasizing the need for circumspection and respect towards the Court in all her utterances and actions.

The Supreme Court’s decision serves as a reminder to all members of the legal profession about the importance of upholding ethical standards and maintaining respect for the judiciary. The Court emphasized that while lawyers have the right to criticize the acts of courts and judges, such criticism should be done in a proper and legally accepted manner, without resorting to unnecessary language or means that could diminish the sanctity and dignity of the courts.

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Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: RE: Show Cause Order in the Decision Dated May 11, 2018 in G.R. No. 237428, A.M. No. 18-06-01-SC, July 17, 2018