Carpio ends 'defining era' stint at SC

MANILA, Philippines — Senior Associate Justice Antonio Carpio served the Supreme Court for 18 years, and he would leave behind more than 900 “erudite and eloquent” court rulings.

Carpio officially steps down from the high court when midnight strikes on October 26, when he reaches the mandatory retirement age of 70.

Earlier this week, Carpio faced his colleagues at the tribunal during the flag ceremony for the last time as an associate justice.

Addressing the SC, clad in colors of the Philippine flag, the senior justice thanked them for their “unselfish support.”

“It was a very long journey, allowing me to write 935 full blown long decisions, 79 dissenting opinions, 30 concurring opinions, 13 separate opinions and four concurring dissenting opinions,” he recalled.

A justice who wrote ‘enriching’ ponencias

Integrated Bar of the Philippine National President Egon Domingo Cayosa said Friday that Carpio has been a “good judge and lawyer,” whose “steadfastness, moral courage and delicadeza at crucial moments” are worth emulating.

The president of the national organization of Philippine lawyers also said Carpio’s landmark decisions “reflect his independence, fealty to the Constitution, adherence to the rule of law and due process and genuine concern for the welfare and long-term interests of Filipinos.”

As an SC justice, Carpio's voting history includes concurring on the Philippine custody of US Marine Daniel Smith in relation to the Subic rape case, concurring on the unconstitutionality of the Priority Development Assistance Fund and dissenting the hero’s burial of the late dictator Ferdinand Marcos in the Libingan ng mga Bayani.

One of Carpio’s final voting at the SC was a dissenting vote in issues surrounding former Sen. Ferdinand “Bongbong” Marcos Jr.’s poll protest against Vice President Leni Robredo.

Carpio, and member-in-charge Associate Justice Alfredo Benjamin Caguioa, voted to junk Marcos’ poll protest, following Rule 65 of the Presidential Electoral Tribunal.

They were, however, overruled by 11 other justices.

His fellow justices meanwhile cited Carpio's opinions as “clear, erudite, strategic and always with a perspective towards insisting on a just result that should benefit the Filipino people.”

The SC also acknowledged Carpio’s ponencias that, it said, “greatly enriched Philippine jurisprudence.”

READ: Carpio thanked for siding with people

In a Certificate of Appreciation the SC handed to Carpio Monday, the tribunal recalled that the retiring justice penned the 2002 ruling on Chavez v. Public Estates and Authority and Amari Coastal Bay Development Corp., which upheld the public’s right to public information and the state police on transparency in transactions involving public interest.

The tribunal also thanked Carpio for leaving institutional legacies, such as the SC e-Library and Republic Act 9446 or An Act Granting Additional Retirement Survivorship, and Other Benefits to Members of the Judiciary.  

A patriot

IBP President Cayosa also said that while Carpio is retiring from the SC, they are looking forward to his continuing contribution in moving forward the Philippines’ landmark legal win at the West Philippine Sea.

Carpio was part of the legal team that fought and won the 2016 landmark arbitral ruling at The Hague.

Even during his stint at the SC, Carpio went around the country to speak about the ruling and impart his knowledge on the maritime dispute.

READ: Carpio to continue advocacy for Philippine sovereignty

His passion for the West Philippine Sea has earned the ire of, and expletives from, President Rodrigo Duterte, who opted for a softer stance in enforcing the landmark ruling.

Carpio, however, lauded Duterte when, in his third State of the Nation Address, said that “our improved relationship with China does not mean we will waver to defend our interest in the West Philippine Sea.”

Carpio said: “That’s the correct position. We should never give up our rights there.”

For his colleagues at the SC, they remember Carpio for having “unparalleled” knowledge and applied wisdom on national and international law.

“His effort to protect our national sovereignty and ensure the accountability of all government officials remains tireless, unceasing and enlightening,” they said.

A leader of the SC

SC justices also remembered Carpio’s leadership, during the many times he stood as acting chief justice, that “provided stability for the institution.”

“He is always a solid anchor, a firm and impenetrable rock, and an immovable tower of strength that holds the Court together when it truly mattered,” the remaining justices of the SC told Carpio in a Plaque of Recognition.

Among the many times that he stood as acting chief justice was when the late Chief Justice Reynato Corona was impeached. Corona had accused Carpio of being part of the scheme to boot him out of the SC, but Carpio denied this.

READ: Carpio: We have to move on beyond Corona

He also served as acting chief justice when then-Chief Justice Maria Lourdes Sereno went on leave during the height of the quo warranto petition against her that eventually ousted her.

This was a moment that retired Chief Justice Lucas Bersamin once referred to as “a moment in the history of the Supreme Court we will never forget.”

On both times that the top judge was ousted, Carpio declined nominations to apply for the chief justice post.

The tribunal, for its part, thanked the retiring justice for giving “a steadying hand during some of its most challenging times.”

As SC justices put it: "The Honorable Senior Associate Justice Antonio T. Carpio, through his participation and leadership, defined an era of the Supreme Court of the Republic of the Philippines."