MANILA, Philippines - President Aquino will make sure the Supreme Court (SC) justice he will appoint to fill the slot vacated by Chief Justice Ma. Lourdes Sereno will be independent as required by the Constitution, Malacañang said yesterday.
“The President will appoint based on his constitutional mandate and based on the characteristics that are put out by the Constitution – mainly independence, integrity, probity, competence,” deputy presidential spokesperson Abigail Valte said.
Aquino has until Nov. 22 to name the justice who will fill in the slot vacated by Sereno, who assumed the top SC post last August.
Sereno’s appointment has stirred controversy, with some sectors believing that she would be subservient to Aquino, who promoted her following the Palace-backed impeachment of Renato Corona.
Militant groups also questioned Sereno’s independence, saying she was appointed to protect the Aquino family’s interests in Hacienda Luisita.
Malacañang has repeatedly denied the allegations and is confident that Sereno would remain independent while undertaking judicial reforms.
A total of 15 nominees are vying for the post of SC justice and the Judicial and Bar Council (JBC) is expected to vote on the shortlist this week.
Nine of the 15 aspirants are from the judiciary, namely Court of Appeals (CA) Presiding Justice Andres Reyes Jr. and CA Associate Justices Ramon Bato Jr., Rosmari Carandang, Magdangal de Leon, Isaias Dicdican, Jose Reyes Jr. and Noel Tijam; Sandiganbayan Associate Justice Ma. Cristina Cornejo; and former regional trial court Judge Adoracion Cruz-Avisado.
The other six are outsiders, namely former University of Perpetual Help System law dean Jose-Santos Bisquera, former energy secretary Raphael Lotilla, De La Salle University law dean Jose Manuel Diokno, Securities and Exchange Commission chair Teresita Herbosa, former Ateneo law dean Cesar Villanueva, and former University of the Philippines law dean and government peace panel chairman Marvic Leonen.
Malacañang, however, cannot tell for now if it is ready to let go of Leonen, who heads the government peace panel negotiating with the Moro Islamic Liberation Front (MILF).
“(That is) hypothetical. We’ll not answer first,” Valte said when asked whether Malacañang would allow Leonen to move to the judiciary while the government is still talking to the MILF.
“Let us wait for the shortlist to be decided on by the JBC and then for it to be given to the Office of the President,” she added.
Valte could not say whether the peace process with the MILF would be finalized by the time Aquino appoints a new justice. She said they do not want to pressure the government panel, which is now crafting the annexes to the Bangsamoro framework agreement signed last month.
The 15 candidates underwent screening by the JBC composed of Sereno, Jose Mejia, Justice Secretary Leila de Lima, Senate justice committee chair Francis Escudero, House justice committee chair and Iloilo Rep. Niel Tupas Jr., lawyer Milagros Fernan-Cayosa from the Integrated Bar of the Philippines, retired SC Justice Regino Hermosisima, and retired CA justice Aurora Lagman.
The public interviews were conducted last Oct. 23 and 25.
Under the Constitution, a justice of the high court should be a natural-born citizen, at least 40 years old, and should have 15 years or more experience as a judge of a lower court or have engaged in law practice in the Philippines.