Antonio Carpio declines nomination for chief justice

MANILA, Philippines — Acting Chief Justice Antonio Carpio yesterday formally declined his nomination for the chief justice post.

In a one-line letter to the Judicial and Bar Council (JBC), the most senior magistrate of the Supreme Court (SC) rejected calls for him to accept the automatic nomination for the post vacated by the ousted chief justice Maria Lourdes Sereno.

“I confirm that I’m declining the nomination for chief justice,” Carpio told the JBC, but did not elaborate.

The magistrate, however, had publicly announced earlier that he would not accept any nomination for the top SC post because he did not want to benefit from the ouster of Sereno, which he has opposed by dissenting from the decision.

Retired chief justice Hilario Davide Jr. and the Integrated Bar of the Philippines earlier expressed support for the nomination of Carpio.

Carpio and the four other most senior justices of SC – Associate Justices Presbitero Velasco Jr., Teresita Leonardo-de Castro, Diosdado Peralta and Lucas Bersamin – were automatically nominated for the chief justice post under JBC rules.

None of them has accepted the nomination so far.

Carpio, who was bypassed for the chief justice post twice in 2010 and in 2012, is retiring from the judiciary in October next year.

Velasco and De Castro, on the other hand, are expected to retire in August and October this year, respectively.

Peralta, the fourth in seniority rank, still has four years before retirement.

Meanwhile, retired Sandiganbayan Justice Raoul Victorino has nominated all 14 incumbent justices of the SC for the chief justice post.

Victorino, a former JBC member, said he nominated all justices since there remains no official candidate for the top SC post as none of the five senior magistrates have accepted the nomination.

“As a former JBC member, I saw the need to endorse since no one is applying. Some of them, out of delicadeza, do not want to apply. The JBC cannot make a shortlist. We should let the process flow,” he lamented.

The JBC started the search for Sereno’s replacement last June 25 after the high court made final its decision ousting her from the top judicial post last June 19. It set the deadline for nomination and application for July 26.

The seven-member JBC chaired by Carpio is set to meet on Aug. 3 to discuss the vacancy.

The 1987 Constitution requires that the chief justice position be filled within 90 days from vacancy. This means President Duterte needs to appoint Sereno’s replacement by Sept. 16.

The Constitution also requires the chief justice, just like associate justices, to be a natural-born citizen, to be at least 40 years old, have experience as judge or in private law practice for at least 15 years and be a person with proven competence, integrity, probity and independence.