Noy can appoint SC outsider

MANILA, Philippines - President Aquino is open to appointing an outsider as replacement for ousted chief justice Renato Corona.

“I think he already said in the past that he is open to an outsider. He did say it in one of the interviews,” deputy presidential spokesperson Abigail Valte said at a press briefing at Malacañang yesterday.

Valte said Aquino can even nominate his candidate to the Judicial and Bar Council (JBC) if he wants to.

“It’s an open nomination process so anybody can nominate and in the same vein, anybody can make an opposition to the list of nominees,” she said.

“When there are nominees, the list will be posted publicly. Anybody can post an opposition as well as be present during the public interviews of the JBC,” she added.

Three names, all of them not part of the 15-member high tribunal, have been floated as possible successor of Corona.

They are Sen. Franklin Drilon, Bureau of Internal Revenue commissioner Kim Henares and Solicitor General Francis Jardeleza.

Valte clarified, however, that it would depend on the decision of the JBC members whether to accept outsiders, or limit the candidates to the three most senior Supreme Court (SC) justices – Antonio Carpio, Presbitero Velasco and Teresita Leonardo-de Castro.

“That would be under the internal processes of the JBC and the President will decide based on the shortlist that will be given (to him),” she said.

JBC starts selection process

The JBC is set to convene on Monday to start the selection process.

Acting SC spokesperson Ma. Victoria Gleoresty Guerra said Carpio, who will sit as acting ex-officio chair of the JBC, called for the meeting.

“The JBC confirmed that the CJ vacancy is in the agenda for discussion,” she told reporters in an interview.

Guerra said the JBC is expected to formally announce the vacancy in the chief justice post and that it is open for nomination in a newspaper advertisement.

“The JBC will screen the nominees and them come up with an official shortlist where the President will handpick the next CJ,” she explained.

Citing constitutional rule, Guerra said the appointment should be made within 90 days from May 29, when the Senate impeachment court found Corona guilty of violating the Constitution and betrayal of public trust for failure to declare $2.4 million and P80 million in his statement of assets, liabilities and net worth.

Guerra said Carpio and four other senior magistrates of the SC, including Arturo Brion and Diosdado Peralta, are automatically nominated for the post under the rules.

She said the five justices can also decline the nomination.

Guerra said outsiders from the judiciary may likewise be nominated for the post.

“There is no prohibition against outsiders as long as they comply with the constitutional requirements,” she said.

The Constitution requires the chief justice to be at least 40 years old, a judge in a court of record for at least 15 years or engaged in the practice of law in the Philippines for the same period, and a person of proven competence, integrity, probity and independence.

After receiving the final list of nominees and applicants, the JBC will solicit manifestations of support or opposition from the public.

The nominees will then face the JBC in public interviews, after which it will come up with a shortlist of at least three names to be submitted to the President.

Once appointed, the chief justice will hold office until he or she reaches 70 years old or becomes incapacitated to discharge the duties of the office.

New CJ’s integrity

Senate Minority Leader Alan Cayetano said the integrity of the next chief justice is important and should follow the standards set by the impeachment of Corona.

“I strongly recommend against politicians although modesty aside I think I am a good politician. As I said (Corona set a) new paradigm of transparency and accountability and there are many good politicians, but appointing one to the CJ post may not be a good idea,” Cayetano said.

Cayetano said a politician is always partisan and it will not be good for the judiciary.

Sen. Edgardo Angara, however, noted that former California governor Earl Warren made a good chief justice in the United States during his term.

“Gov. Earl Warren... because of his practical experience as governor of California, training as lawyer... under his watch, some of the greatest decisions of the SC were passed and made,” Angara said.

Angara said it is not right “to stigmatize” a politician.

“Many of them are political, but many turned out to be outstanding choices,” he said.

“Administration after administration, when vacancy occurs, naturally (one) will pick someone more or less parallel and in sync with the appointing power,” Angara said.

Angara hinted his support for recommendations that Drilon be appointed as Corona’s replacement.

But Drilon had said he is keen on finishing his term as senator until 2016.

As this developed, Sen. Francis Escudero said he would recommend the inclusion of a psychological test and submission of a bank waiver as among the pre-requisites for candidates for the top SC post. Escudero is the Senate’s representative to the JBC.

No to Carpio

House Majority Leader and Mandaluyong City Rep. Neptali Gonzales II cautioned the President against appointing Carpio as chief justice.

Gonzales said there also appeared to be “resistance” within the high tribunal against Carpio as chief justice.

“It would not be good if the President would have to defend his appointment to the Supreme Court or make an appointment that would put him on the spot,” Gonzales told The STAR. He noted that Corona earlier claimed that Carpio was among those orchestrating his ouster so he could assume the post.

“Whether the allegations are true or not, and even if Justice Carpio is qualified, it would be good if the President will not be hit for appointing him,” Gonzales said. – With Paolo Romero, Edu Punay,Christina Mendez