IBP backs Carpio’s CJ nomination

MANILA, Philippines — The Integrated Bar of the Philippines (IBP) yesterday endorsed the nomination of acting Chief Justice Antonio Carpio for the top judicial post to replace Maria Lourdes Sereno, who was ousted by the Supreme Court.

The mandatory organization of lawyers in the country has recommended that Carpio be appointed chief justice for being the most senior magistrate of the high tribunal.

“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,” the IBP said in a statement issued by its national president, Abdiel Dan Fajardo.

The IBP asked President Duterte to respect seniority in the judiciary after earlier condemning the ouster of Sereno.

“We are faced with the reality that the Supreme Court itself has set into motion the appointment of chief justice vice (Maria) Lourdes Sereno. We thus 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 group stressed.

Carpio, along with the four other most senior justices of SC, were automatically nominated for the chief justice post. They are Associate Justices Presbitero Velasco Jr., Teresita Leonardo-de Castro, Diosdado Peralta and Lucas Bersamin.

Carpio, the most senior magistrate who was bypassed for the chief justice post twice in 2010 and in 2012, has publicly manifested that he is not interested in the top judicial post and that he would decline the nomination.

He explained that he does not want to benefit from Sereno’s ouster, which he opposed by dissenting from the majority ruling.

Velasco and De Castro, on the other hand, are expected to retire in August and October this year, respectively. 

The fourth member in seniority rank – Peralta – still has four years before retirement.   

Decline nomination

For opposition Albay Rep. Edcel Lagman, three of the five SC justices nominated by the Judicial and Bar Council to replace Sereno should decline out of delicadeza, having voted to remove her from the top SC post. 

“They must not profit from their controversial adverse decision against Sereno,” Lagman said, referring to De Castro, Peralta and Bersamin. 

His colleague in the so-called Magnificent 7 independent opposition bloc, Rep. Tom Villarin of party-list Akbayan, made the same suggestion. “Dapat mahiya naman sila! (They should be ashamed!) This time inhibiting themselves from applying for the Chief Justice post is common sense and basic decency.”  

Lagman likewise called on the JBC to exclude the nomination – should there be one – of any of the eight SC magistrates who voted to oust Sereno.

“The justices who will be respondents in the forthcoming impeachment complaints for culpable violation of the Constitution and betrayal of public trust consequent to their unconstitutional and biased verdict must be disqualified from nomination and/or appointment as chief justice,” he said. 

“The impeachment complaints are akin to pending administrative and/or criminal cases which bar appointment in the judiciary,” Lagman added.

JBC keeps 10-SALN requirement

As the JBC formally started the nomination process for the vacant chief justice post, it kept the same requirements for applicants – including the submission of at least 10 statements of assets, liabilities and net worth (SALN).

The failure of Sereno to meet this 10-SALN requirement was among the grounds cited by the SC in removing her from the SC. The Court invalidated her appointment in 2012 due to lack of proven integrity.

In an announcement published in The STAR yesterday, the seven-member council tasked to vet nominees to judicial posts listed 24 documentary requirements for nominees and applicants.

Among them are “SALNs for the last 10 years in case of applicants in government service, or for 2017 for those in the private sector.”

The JBC started the search for Sereno’s replacement after the high court made final its decision ousting her from the top judicial post last week. It set the deadline for nomination and application for July 26.

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 Duterte needs to appoint Sereno’s replacement by Sept. 16.

The Constitution also requires the chief justice, just like 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.