PRRD urged to respect seniority in choice of CJ
Despite his public pronouncement that he will decline any nomination for the Chief Justice post, Senior Justice and Acting Chief Justice Antonio T. Carpio was recommended on Tuesday to the top judicial post by the Integrated Bar of the Philippines (IBP).
Through its national presi-
dent Abdiel Dan Elijah Fajardo, the IBP said:"Associate Justice Antonio Carpio is the most senior of all the incumbent justices in the Supreme Court and is most qualified to lead and manage the Supreme Court and the entire Philippine judiciary."
It also asked President Duterte to respect the seniority rule in the judiciary.
"We support the return to, and the recognition of the wisdom, of the long-standing tradition of seniority in the appointment to the highest office of the judiciary, the Supreme Court Chief Justice," the IBP added.
Acting Chief Justice Carpio could not be reached for comment. As of press time, he was presiding over the oral arguments on the petition for same-sex marriage.
Two days after Maria Lourdes P. A. Sereno was removed as chief justice via a quo warranto petition, Carpio said he will decline all nominations for him to be the next Chief Justice.
He said since he voted against Sereno’s removal, 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 Judicial and Bar Council (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.
Automatic The JBC began accepting applications and nominations for the Chief Justice post Monday and set the deadline for the filing and completion of all requirements on July 26, 2018.
It announced that “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 are 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 may be added to the list if Velasco and De Castro would no longer be considered as “automatically nominated” since they are retiring on August 7 and October 8, respectively, when they reach the mandatory retirement age of 70.
Del Castillo and Bernabe are retiring in July, 2019 and May, 2020, respectively. Carpio and Bersamin will retire next year. Peralta still has four years in the judiciary.
Under the Constitution, President Duterte is mandated to appoint Sereno’s replacement within 90 daysfrom June 19 from the list of nominees submitted by the JBC.
The Constitution does not prohibit the President from appointing someone who is not an incumbent member of the judiciary provided he or she is nominated by the JBC.
It also mandates that the Chief Justice must be a natural-born citizen, at least 40 years old, has experience as judge or private law practice for at least 15 years, and a person with proven competence, integrity, probity and independence.