MANILA, Philippines — Almost one month since the position of chief justice became vacant, no one has shown interest in the top judicial post, according to a member of the Judicial and Bar Council (JBC).
Lawyer Jose Mejia, regular member of the JBC representing academe, bared that as of July 13, no application or nomination has been submitted to the JBC since the Supreme Court (SC) made final its ruling that ousted Ma. Lourdes Sereno as chief justice last June 19.
Mejia also bared that none of the five most senior justices – acting Chief Justice Antonio Carpio and Associate Justices Presbitero Velasco Jr., Teresita Leonardo-de Castro, Diosdado Peralta and Lucas Bersamin – have responded to their automatic nominations to either accept or decline.
“Under the rules, while the five most senior justices are automatically nominated for the chief justice post, they still have to formally accept the nomination to be officially considered as nominee or applicant,” Mejia explained in an interview yesterday.
The seven-member council tasked to screen nominees for judicial posts opened nominations for the chief justice post last June 25 and set the deadline on July 25.
The 1987 Constitution requires the chief justice position be filled within 90 days from vacancy, which means that President Duterte needs to appoint Sereno’s replacement by Sept. 16.
The Constitution also requires the chief justice and the associate justices of SC to be natural-born citizens; at least 40 years old; have experience as judge or in private law practice for at least 15 years; and have proven competence, integrity, probity and independence.
Asked if the JBC will consider Carpio despite his pronouncement that he would decline the nomination for chief justice, Mejia said their rules require that nominees should formally accept the nominations.
“To consider a nominee who has not accepted the nomination is not within the JBC rules,” he explained.
Another member of the JBC, however, has already said last week that the council might consider bending its rules on nominations for Carpio.
Justice Secretary Menardo Guevarra, ex-officio member of JBC, explained that while JBC rules require nominees to submit conforme or acceptance of nominations to the council, this rule could be waived in the case of Carpio as sought by retired chief justice Hilario Davide Jr. in his letter to the council.
“The JBC rules require the consent of the automatic nominee. But since there is a request to dispense with such consent, the JBC may have to consider it,” he explianed.
Guevarra said the seven-member council tasked to vet nominees to judicial posts will discuss this matter in their next meeting, which will be presided by Carpio himself as acting chief justice and ex-officio chair of the council.
In his recent letter to the JBC, Davide has supported the automatic nomination of Carpio for the chief justice post and asked the council to still consider the most senior justice in the current composition of the SC even if he formally declines the nomination.
“He had earlier been bypassed twice. Delicadeza should no longer be invoked because the decision in the quo warranto case is final. It has become the law of the case,” Davide stressed.
“The vacancy is real and lawful. He was not responsible for its occurrence. Personal consideration must now yield to the demands of public interest and of the good of the service. He should not deprive the President to have the opportunity for a wider field of choice for the best for the Supreme Court in particular and the judiciary and the people in general,” he added.
The STAR reported earlier that De Castro, Peralta and Bersamin are expected to accept their automatic nomimation to comply with the requirement of having at least three nominees for the post.
Velasco, on the other hand, is retiring from the judiciary next month.
Apart from Carpio, Guevarra and Mejia, other members of the JBC are Senate justice committee chair Richard Gordon, retired SC justice Jose Catral-Mendoza, retired judge Toribio Ilao and lawyer Milagros Fernan-Cayosa.