Search for next CJ in progress

MANILA, Philippines — The search for the next chief justice has started rolling after the Supreme Court (SC) made final its decision ousting Ma. Lourdes Sereno from the top judicial post last week.

The Judicial and Bar Council (JBC) is set to meet today to formally open the nomination and application for the chief justice position. 

Justice Secretary Menardo Guevarra, ex-officio member of JBC, said the council would start the selection process pursuant to the order of the SC in its ruling that invalidated the appointment of Sereno in 2012.

The JBC’s move comes after the SC issued an entry of judgment late last week, which formally declared the ruling on the quo warranto case as final and executory that can no longer be subject to appeal.

Voting 8-6, as they did in the May 11 decision, justices decided to deny Sereno’s motion for reconsideration for lack of merit and failure to raise new arguments.

The SC stood firm in its finding that Sereno’s appointment in 2012 was invalid and that she was disqualified for the chief justice post due to lack of proven integrity because of her failure to file all her statements of assets, liabilities and net worth (SALNs) when she was still teaching law at the University of the Philippines and when she applied for the chief justice post.

The 1987 Constitution requires that the chief justice position be filled within 90 days from vacancy or from the finality of the SC ruling on 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 of SC, to be a natural-born citizen, at least 40 years old, have experience as judge or in private law practice for at least 15 years, and be a person with proven competence, integrity, probity and independence.

Senior Associate Justice Antonio Carpio, currently acting chief justice being the most senior magistrate in the SC, has publicly manifested that he is not interested in the top judicial post and would decline any nomination.

Carpio will sit as ex-officio chair of the JBC with Guevarra and Oriental Mindoro Rep. Reynaldo Umali, the House justice committee chair, as ex-officio members.

The regular members of the council are retired SC justice Jose Catral Mendoza, retired judge Toribio Ilao, and lawyers Jose Mejia and Milagros Fernan-Cayosa.

After Carpio, the two most senior magistrates in the SC, Associate Justices Presbitero Velasco Jr. and Teresita Leonardo-de Castro, are expected to retire in July and October this year, respectively. 

The fourth member in seniority rank is Associate Justice Diosdado Peralta, who still has four years before retirement.   

The JBC will also tackle the upcoming vacancies to be left by the retirement of Ombudsman Conchita Carpio-Morales and Velasco in July and August respectively.