MANILA, Philippines — The next chief justice should be eligible and qualified for the top judicial post, an official of the Judicial and Bar Council (JBC) said yesterday.
Justice Secretary Menardo Guevarra, ex-officio vice chair of JBC, said they would make sure that the nominees to be shortlisted to replace ousted chief justice Ma. Lourdes Sereno will meet all constitutional and documentary requirements.
Guevarra said they would make certain that all requirements – especially the submission of statement of assets, liabilities and net worth (SALN) – are complete.
The inadequacy of the SALN had cost Sereno’s removal through a quo warranto petition by the solicitor general.
“There is no new substantial requirement but there will be more careful screening this time,” Guevarra stressed.
Guevarra gave assurance that all nominees and applicants would undergo scrutiny by the seven-member council tasked to vet nominees for judicial posts, particularly on their proven integrity, which was the basis for Sereno’s ouster.
“Surely the Sereno quo warranto case has taught us many lessons from which we in the JBC can draw guidance in future deliberations not only for the chief justice position but also for all judicial positions which require utmost honesty and impeccable integrity,” he said.
This way, the council would be able to assure the next chief justice of not being subject of another quo warranto case that could have repercussions on the stability of the judiciary, Guevarra added.
Sereno was ousted from the top judicial post after the high court ruled with finality last June to invalidate her appointment in 2012 and grant the quo warranto petition by Solicitor General Jose Calida.
The SC held Sereno was disqualified due to failure to meet the proven integrity eligibility by her failure to submit all required SALNs when she was teaching law at the University of the Philippines and during her application for the post, effectively reversing the finding of the JBC when it shortlisted her.
The council has required submission of at least 10 SALNs but Sereno only submitted three – for 1998, 2002 and 2006 and still made it to the shortlist.
At the time, there were 14 applicants for the post vacated by the ousted of the late chief justice Renato Corona.
This time, the JBC received only five aspirants for the chief justice post at the closing of the nomination period last Thursday, July 26.
Four SC magistrates – Associate Justices Teresita Leonardo-de Castro, Diosdado Peralta, Lucas Bersamin and Andres Reyes Jr. – accepted their nominations while Tagum City, Davao del Norte regional trial court Judge Virginia Tehano-Ang applied for the vacancy.
The most senior magistrate, Carpio already declined the nomination. He said he did not want to benefit from Sereno’s ouster, which he opposed by voting against the SC ruling.
The second most senior magistrate, Associate Justice Presbitero Velasco Jr., has likewise declined the nomination since he is retiring from the judiciary next month.
The STAR reported earlier that De Castro, Peralta and Bersamin have accepted their automatic nomination to the chief justice post under JBC rules only to comply with the requirement of having at least three nominees for the post.
The JBC opened the chief justice vacancy last June 25.
The 1987 Constitution requires that the chief justice position be filled within 90 days from vacancy or from the finality of the SC ruling ousting Sereno last June 19.
This means President Duterte needs to appoint Sereno’s replacement by Sept. 16.