Duterte defends chief justice pick: 'No politics involved'

MANILA, Philippines — Seniority, not politics was the decisive factor in the appointment of Teresita Leonardo-de Castro as chief justice, President Duterte said yesterday, as he lambasted critics who questioned his choice for the post.

And under his watch, Duterte indicated that seniority will be the basis for appointing all justices.

“Everyone in the civil service, the military, everybody – seniority serves as the conveyor... it will be the same for all justices, not only De Castro, everyone. Unless, of course, they refuse or maybe they would opt to retire or they have little time left,” the President said after National Heroes Day rites at the Libingan ng mga Bayani in Taguig.

“But if everyone accepted (the nomination), all of them are trained. Everyone in the military observes that, no bypassing. In the civil service, no political colors included. It’s not allowed. So merit system,” he added.

De Castro replaced Maria Lourdes Sereno, whose appointment was invalidated by the Supreme Court (SC) last May because of her failure to submit 10 statements of assets, liabilities and net worth.

Some lawmakers including Magdalo party-list Rep. Gary Alejano and Albay Rep. Edcel Lagman claimed De Castro’s appointment was a reward for her involvement in the unseating of Sereno, who has been critical of Duterte.

The 69-year-old justice claimed that Sereno had created an office in the judiciary without the approval of the SC during an impeachment hearing in the House of Representatives last November.

There were also doubts on De Castro’s capability to implement substantial reforms in the high court because she would only serve as chief justice for 41 days.

On Oct. 8, De Castro will turn 70 years old, which is the mandatory retirement age of a member of the judiciary.

Duterte assailed what he described as blabbering critics who claimed that De Castro was rewarded for her role in Sereno’s ouster.

“I have yet to hear those guys state something without malice. They always say the worst… People like them judge best when they condemn. And they have nothing to show for their time there except to blabber their mouth,” the President said.

Asked if he expects De Castro to accomplish something in less than two months, Duterte replied: “I am not familiar with any of them actually. I do not know any of the justices personally. Truthfully, I have never talked to anyone there... They are all strangers to me. I was not a (law) practitioner in Manila.”

Special Assistant to the President Go said De Castro informed the Office of the President that she would take her oath as soon as the SC receives her appointment papers.

The Office of the President has scheduled De Castro’s oath taking on Aug. 31. She is expected to take her oath before Duterte.

For his part, Go welcomed the appointment of De Castro.

“Let us give her the chance to lead the Supreme Court. The President gave her his trust. She is more than able to lead the judiciary and bring back the prestige of the Supreme Court,” he added.

Veteran lawyer Romulo Macalintal, counsel of Vice President Leni Robredo, also lauded the President for upholding judicial professionalism by appointing the most senior aspirant.

“It is indeed very gratifying to learn from Malacañang that the appointment of Teresita de Castro as chief justice of the Supreme Court ‘was due to seniority rule,’” he said.

“De Castro possesses all the qualifications and none of the disqualifications as provided for by the Constitution, hence, there is no rhyme nor reason to deprive her of that very coveted position, which is every lawyer’s dream,” Macalintal said.

Despite adhering to seniority in appointing justices, Duterte said he could not force Senior Associate Justice Antonio Carpio to accept the nomination as the next chief justice.

Carpio is eligible for automatic nomination because he is the most senior among the high court justices.

“He (Carpio) stated publicly that he is not going to accept it. So why force the person to accept a task that he does not want? This is a free country,” Duterte said.

Carpio has criticized Duterte’s decision to cozy up to China but the President defended his policy, claiming there would be “trouble” if the Philippines insists on its maritime claims in the West Philippine Sea.

Macalintal hopes Carpio will accept the nomination for chief justice when De Castro retires in October.

Macalintal said Carpio may no longer decline his automatic nomination to the top judicial post since the issue of delicadeza no longer exists as the vacancy will be caused by De Castro’s retirement and not by Sereno’s removal. – With Helen Flores