JBC starts accepting nominees for chief justice
The Judicial and Bar Council (JBC) formally opened on Monday the search for the post of Chief Justice that was vacated June 19 with the ouster of Maria Lourdes P. A. Sereno.
The High Court’s public information office (PIO) said deadline for filing and completion of all requirements by the applicants or nominees is on July 26, 2018.
The PIO also said: “The five most senior associate justices of the SC are automatically nominated subject to the submission of a written acceptance of nomination to be submitted
on or before July 26, 2018.”
Based on seniority, the top five SC justices as of today are Acting Chief Justice Antonio T. Carpio and Justices Presbitero J. Velasco Jr., Teresita J. Leonardo de Castro, Diosdado M. Peralta, and Lucas P. Bersamin.
Justices Mariano C. del Castillo and Estela M. Perlas Bernabe would be added to the list if Justices Velasco and De Castro would no longer be considered as “automatically nominated” since they are retiring on August 7 and October 8, respectively, this year upon reaching the mandatory retirement age of 70.
Del Castillo and Bernabe are retiring on July 2019 and May 2020, respectively.
Earlier, Carpio said he will decline all nominations for him to be the next Chief Justice.
He said since he voted against the removal of Sereno as Chief justice via a quo warranto petition, he has to be consistent with his stand.
Carpio declared: “I have to be consistent with my position that the quo warranto is not a proper way to remove a sitting member of the court (Supreme Court). I don't want to benefit from the decision to which I disagreed. But I will have to implement it because I'm the temporary head of the institution."
When one declines his or her nomination to a post in the judiciary, the JBC — the constitutionally mandated office that accepts, screens and nominates appointments to the judiciary — would not consider him or her as an applicant to the post.
The Constitution mandates that the Chief Justice must be a naturalborn citizen, at least 40 years old, have experience as judge or in private law practice for at least 15 years, and a person with proven competence, integrity, probity and independence.
Fifth appointee Meanwhile, the JBC nominated on Monday eight aspirants to the post that would be vacated in the Supreme Court (SC) by Justice Velasco who is retiring on August 8.
Nominated were Court of Appeals (CA) Associate Justices Ramon Garcia, Amy Lazaro Javier and Jose Reyes with seven votes each; CA Associate Justices Apolinario Bruselas, Rosmari Carandang, and Ramon Hernando, and Court Administrator Jose Midas Marquez with six votes each; and Ateneo de Manila Law Dean Cesar Villanueva with five votes.
The list containing the names of the eight nominees will be submitted by the JBC to President Duterte who is expected to pick his fifth appointee to the Supreme Court within 90 days from the date of Velasco’s retirement.
The four other appointees of the President in the Supreme Court are Justices Samuel Martires, Noel Tijam, Andres Reyes Jr., and Alexander Gesmundo.
Earlier, the SC had recommended to the JBC the nomination of Carandang, Marquez, Reyes, and Garcia to the post.
The JBC is headed by SC Senior Justice Carpio as acting Chief Justice in an ex-officio capacity. The other exofficio members are Justice Secretary Menardo Guevarra and (alternately) Sen. Richard Gordon and Oriental Mindoro Rep. Reynaldo Umali. The regular members are retired SC Justice Jose Catral Mendoza, retired judge Toribio Ilao, and lawyers Jose Mejia and Milagros Fernan Cayosa.