Carpio, 4 other senior justices nominated for CJ post
Acting Chief Justice Antonio Carpio and four of the most senior magistrates of the Supreme Court (SC) have been nominated to the top judicial post vacated by ousted chief justice Maria Lourdes Sereno.
The Judicial and Bar Council (JBC) announced this yesterday as it officially opened the nomination and application process for the vacant post.
Apart from Carpio, also nominated were Associate Justices Presbitero Velasco Jr., Teresita Leonardo-de Castro, Diosdado Peralta and Lucas Bersamin.
The JBC said the nomination of the five senior justices was automatic as provided under the rules.
“The five most senior associate justices of the Supreme Court are automatically nominated, subject to the submission of a written acceptance of nomination,” the JBC said in a statement issued through the high court’s public information office.
Carpio has publicly manifested that he is not interested in the top judicial post and that he would decline the nomination.
Carpio, twice bypassed for the chief justice post – in 2010 and 2012 – said he does not want to benefit from Sereno’s ouster, which he opposed by dissenting from the majority ruling.
Velasco and De Castro are expected to retire in August and October this year, respectively.
The fourth member in seniority rank – Peralta – still has four years before retirement.
The seven-member council tasked to vet nominees to judicial posts announced the opening of the top SC post for nominations and applications.
“The application for the position of chief justice was opened. The deadline for filing and completing all requirements is on July 26,” the JBC said.
The council started the search for Sereno’s replacement after the high tribunal made final its decision ousting her from the top judicial post last week.
The 1987 Constitution requires that the chief justice position be filled within 90 days from vacancy or from the finality of the SC ruling last Tuesday, June 19.
This means President Duterte needs to appoint Sereno’s replacement by Sept. 16.
The Constitution also requires the chief justice, just like the associate justices, to be a natural-born citizen, at least 40 years old, with experience as judge or in private law practice for at least 15 years and a person with proven competence, integrity, probity and independence.
8 shortlisted
The JBC also nominated eight aspirants to the upcoming vacancy to be left by Velasco in August.
In voting yesterday, the seven-member council handpicked the eight from an initial list of 12 applicants.
Three nominees topped the JBC shortlist after garnering seven votes from all members of the council.
They are Court of Appeals (CA) Associate Justices Jose Reyes Jr., Amy LazaroJavier and Ramon Garcia.
Four applicants – Court Administrator Jose Midas Marquez and CA Associate Justices Apolinario Bruselas, Rosmari Carandang and Ramon Hernando – also made it to the list after getting six votes each.
Completing the list was former Ateneo law school dean Cesar Villanueva, who got five votes.
The SC earlier recommended the nominations for Carandang, Marquez, Reyes and Garcia.
The shortlist was set to be transmitted to the Office of the President yesterday.
The JBC is chaired by Carpio with House justice committee chair and Oriental Mindoro Rep. Reynaldo Umali and Justice Secretary Menardo Guevarra as ex-officio members.
The regular members are retired SC justice Jose Catral-Mendoza, retired judge Toribio Ilao and lawyers Jose Mejia and Milagros Fernan-Cayosa.
It was the first time for Marquez to be shortlisted for an SC post. He served as SC spokesman during the tenure of former chief justices Reynato Puno and the late Renato Corona.
Another prominent nominee is Hernando, who is known in the CA for his zero backlog, with 417 cases disposed in 2013 and 370 in 2012.
Hernando also teaches law at the San Beda College, Ateneo de Manila University and University of Santo Tomas. He was a three-time Bar examiner in commercial law.
Velasco will reach the mandatory age of retirement in the judiciary on Aug. 8.
Duterte will be required to name his replacement within 90 days from the date of vacancy as required in the 1987 Constitution.
The Constitution requires SC appli- cants to submit 17 documentary requirements, including their complete sworn statements of assets, liabilities and net worth for the previous years.
All applicants must also submit results of their medical examinations taken within the past six months.
After Velasco’s post, the JBC is expected to open another vacancy that would be left by De Castro this October.
‘No liability’
Meanwhile, the camp of Sereno said that she could not be held liable for the purchase of a P5-million Land Cruiser vehicle that she used while holding the top judicial post.
Sereno’s spokesman, lawyer Jojo Lacanilao, said she should not be blamed for the purchase of the luxury vehicle that the Commission on Audit (COA) has reportedly flagged for supposed irregularity.