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Republic of the Philippines vs. Sereno [ SEPARATE OPINION, JARDELEZA, J.]

REPUBLIC of the PHILIPPINES, represented by SOLICITOR GENERAL JOSE C. CALIDA, Petitioner, vs. MARIA LOURDES P.A. SERENO Present: CARPIO, VELASCO, JR., LEONARDO-DE CASTRO, PERALTA, BERSAMIN, DEL CASTILLO, PERLAS-BERNABE, LEONEN, JARDELEZA, CAGUIOA, MARTIRES, TIJAM, REYES, JR., and GESMUNDO, JJ.

G.R. No. 237428 | 2018-06-19

SEPARATE OPINION

JARDELEZA, J.: 

I vote to DENY respondent's Ad Cautelam Motion for Reconsideration.

Much of the controversy surrounding this case involves the conventional wisdom (one which I myself then thought to be self-evident) that impeachment is the only mode of removing a sitting member of the Supreme Court. However, my study into, and consideration of, applicable original understanding, constitutional text and structure, case precedent and historical practice, both American and Philippine, occasioned as it was by this case, has since shown me otherwise.

Last May 11, 2018, a Majority of this Court...