Chief Justice Teresita De Castro takes oath, vows independence

MANILA, Philippines — Newly appointed Chief Justice Teresita Leonardo-de Castro vowed judicial independence during her brief tenure as she formally assumed the post yesterday. 

De Castro said she does not see the need to prove her independence from the appointing authority as a major challenge, believing that her appointment by President Duterte was based on merit.

“I have no problem maintaining the independence of the judiciary. Up to this time, I have not met the President. I haven’t seen him or approached him, whether directly or through anybody. He appointed me without knowing me personally,” she told reporters in a media briefing at the Supreme Court (SC).

De Castro, the 24th and first woman to be named chief justice due to the annulment of the appointment of Ma. Lourdes Sereno, stressed that she also does not expect the President to challenge the judiciary’s independence.

“I don’t think the President will do anything to negatively affect the independence of the judiciary,” she explained.

De Castro believes that Duterte respects the independence of the judiciary, as proven by his appointments in the courts that she said restored meritocracy.

“We would like to express our appreciation that the President has that strong political will, to see to it that the merit system, which is the hallmark of public appointment in public service, is followed, and in upholding the time-honored tradition of seniority in the (SC),” she pointed out.

De Castro, who will serve for less than two months before her mandatory retirement on Oct. 8, agreed with Duterte that seniority in the judiciary must be respected.

“Seniority is important because who is senior will have vast experience as to the workings of the court. It is expected that the senior members will have the respect of the rest of the members of the court,” she explained.

De Castro is set to take her oath before Duterte in ceremonies at Malacañang on Friday.

Special Assistant to the President Christopher Go said the oath taking has to take place before the President leaves for an official visit to Israel over the weekend from Sept. 2 to 5.

Go said the Office of the President has scheduled on Aug. 31 for the new Chief Justice to visit Malacañang and take her ceremonial oath before Duterte.

Meanwhile, the Chief Justice urged critics of her appointment to “move on for the good of the judiciary” and just support judicial reform programs of the SC. 

“Let us put the past behind us but of course, we should not forget the lessons that we learned in that event in the history of the judiciary,” she appealed.

De Castro asked critics to look at her track record in government service instead of looking at her promotion as a “reward” for her role in the ouster of Sereno.

“I think they should look at my record... I do not think that one incident would have been enough to elevate me to the highest position in the judiciary,” she pointed out. 

Asked if the impeachment complaint filed against her and six other magistrates before the House of Representatives would affect her duties as SC chief, she answered in the negative.

“I have no time to think about it, because you know as you mentioned, I have very few weeks to work here in the court and I don’t want to be distracted by anything else, my schedule is full. I have so many activities set in the coming weeks, I do not wish to be distracted by that (impeachment),” she replied. 

De Castro said she wants her leadership in the judicial branch to be remembered as the one “that restored collegiality in the (SC)” and “which was able to institute several reforms in the judicial processes.”  

De Castro took her oath before her colleagues in the SC and presided over the regular session of the justices and the oral arguments on the case involving the Philippine government’s withdrawal from the International Criminal Court.

Former chief justice Reynato Puno said De Castro deserves her appointment as he urged her to unite the SC.

“She was my associate justice and I can vouch for her integrity and her (intellectual) competence,” Puno told reporters. 

Puno believed that De Castro can only do so much in her short stint, but urged her to initiate the “healing process” in the SC, which was divided by controversy. 

“The problem of the (SC) now is the need for unity, a leader who will be able to patch up the differences of the members of the court including the lower court judges and I think De Castro has that capacity,” he added.

Call to inhibit

But Senate Minority Leader Franklin Drilon called on De Castro to inhibit from any case that is political in nature in her less than two months in office as the leader of the judiciary.

Drilon said it would be prudent for De Castro to refrain from participating in any political case given the questions, issues and doubts surrounding her appointment, particularly with regard to her impartiality.

 “I encourage her to inhibit from politically charged cases in order to uphold the integrity of the decision that the (SC) may make during her short tenure,” Drilon said.

In his statement, Drilon noted that De Castro is someone whom he has known for over two decades and from his experience with her, “I have known her to be a woman of intelligence and integrity.”

“Whether she can do as much, set a trend or influence the (SC) during her five weeks tenure as chief justice is something that is difficult to expect, given such limitation. What else can she do within her term?” Drilon said. 

Once De Castro’s term expires, the Judicial and Bar Council (JBC) would once again convene to screen the candidates for her replacement.

As far as opposition Rep. Edcel Lagman is concerned, the JBC that vets aspirants to the SC does not have to limit itself to candidates or nominees from the third branch of government. 

“A lot of outsiders may be chosen, right? The selection process is not limited to incumbent justices,” the Albay congressman told radio station dzBB in Filipino. 

“There were incidents when outsiders were appointed as chief justice,” Lagman stressed, when reminded that rejecting the eight anti-Sereno justices would limit to the six others who voted to retain her. 

Lagman, along with opposition Liberal Party (LP) Reps. Teddy Baguilat Jr. of Ifugao, Tom Villarin of Akbayan party-list, which has allied itself with LP and Gary Alejano of Magdalo – who declared he is running for senator in the May polls next year – filed the impeachment complaint against the justices who voted against Sereno.

The Bicolano lawmaker is insisting that chief justice nominees and Justices Diosdado Peralta and Lucas Bersamin – save for de Castro – be removed by the JBC from the shortlist owing to the impeachment case against them. 

The independent opposition bloc also wants four others – Justices Andres Reyes, Francis Jardeleza, Noel Tijam and Alexander Gesmundo – impeached for booting out Sereno. 

If the JBC excludes candidates or nominees who have pending administrative cases, then with more reason should it reject those who are facing impeachment complaints. 

For his part, a Pangasinan lawmaker said he supported the decision made by Duterte in appointing De Castro.

“We have heard it loud and clear that Malacañang has said they’re following seniority and that the notion that it is pambayad ng utang (paying a debt of gratitude) is negative, not the reason for her appointment,” Pangasinan second district Rep. Leopoldo Bataoil told local reporters.

Bataoil, a retired police general, said he served in an organization that respects seniority. – Marvin Sy, Paolo Romero, Edith Regalado, Robertzon Ramirez, Delon Porcalla, Eva Visperas