Short-term SC chief vows judicial reforms

‘No more quo warranto proceedings vs new CJ’

MANILA, Philippines — Newly appointed Chief Justice Teresita Leonardo-de Castro doesn’t mind serving in the top Supreme Court post for less than two months, vowing to institute key additional reforms to improve the judiciary.

De Castro, the first female chief justice of the Philippines following the annulment of appointment of ousted chief justice Ma. Lourdes Sereno, said it would be easy for her to implement administrative measures because she is certain to have the support of her colleagues in the high court.

“They have always supported my recommendations, not only in judicial but also in administrative matters. I do not see any reason why they will not support me now,” she stressed during her interview with the Judicial and Bar Council (JBC) last Aug. 16.

De Castro, who has been serving the government for 45 years, said she plans to prioritize the reorganization of the SC’s ethics and ethical standards committee—the body that handles complaints against justices—lamenting that it was never reorganized after the impeachment of the late former chief justice Renato Corona.

“There must be a grievance machinery in the Supreme Court so we can discipline our own (ranks),” she explained.

She also vowed to further improve the case management system in the judiciary, saying: “We can already put the information; communication technology in place… these projects will continue even after I retire from service.”

Although she will only serve for about two months, De Castro pointed out that she has already contributed to reforms in judiciary for several years. She cited her contributions to organizing the statutory family courts under Republic Act 8369 and her spearheading works on various resolutions of the committee on family courts and juvenile concerns and the adoption of procedures and treatment of children in conflict with the law.

The new chief justice also led the SC’s project on gender survey of decisions – a first in the world – that was implemented on Court of Appeals decisions last April and will be rolled out in appellate and trial courts as well. She also led training programs under her committees in SC—on gender responsiveness in the judiciary and on family courts and juvenile concerns—implemented by the Philippine Judicial Academy.

Apart from her short tenure as chief justice, De Castro also dismissed critics who accused her of bitterness against Sereno as her motive in voting for the latter’s ouster and in vying for the top judicial post.

“The people who gave those comment would not know anything; they have not dealt with me at all and they have not spoken with me. I think they do that for lack of knowledge,” she lamented.

Palace officials announced Duterte’s appointment of De Castro last Saturday, although her papers will only be released tomorrow.

Unlike her predecessor, De Castro will not be ousted through a quo warranto proceeding as she is qualified for the top judicial post, a JBC member gave assurance yesterday.

Justice Secretary Menardo Guevarra, JBC ex-officio member, bared that De Castro and the other nominees for chief justice post underwent “very careful screening” especially on assessment of their statements of assets, liabilities and net worth (SALNs) that became the basis for Sereno’s ouster as chief justice.

“Yes, we in JBC made sure that Justice De Castro and the others in our shortlist were qualified for the post, especially in terms of meeting the proven integrity criterion and the SALN requirement. That’s why we devoted two sessions to examine and deliberate on their qualifications and possible disqualifications for the CJ position,” he stressed.

The seven-member council tasked to vet nominees to judicial posts was supposed to vote on the shortlist last Monday but decided to reset deliberations to Aug. 24 to closely check on the aspirants’ SALNs.

Guevarra explained that the SC ruling that invalidated Sereno’s appointment in 2012 and grant the quo warranto petition by Solicitor General Jose Calida served as a guide in the JBC deliberations for the chief justice post.

“The Sereno quo warranto case has taught us many lessons from which we in the JBC drew guidance in deliberations not only for the chief justice position but also for all judicial positions which require utmost honesty and impeccable integrity,” he explained.

The SC ruling, which became final and executory last June, voided Sereno’s appointment in 2012 due to her failure to meet the proven integrity eligibility in her deficient submission of the 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 for the post.

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, paving the way for her appointment by former president Benigno Aquino III.

Calida, who was instrumental in Sereno’s ouster, welcomed De Castro’s appointment, saying the “OSG family and I rejoice in the well-deserved appointment.”

“We are elated because her legal brilliance, competence, fairness and integrity ensure that justice will be well-served during her tenure,” he said in a statement.

Even the Integrated Bar of the Philippines (IBP), which earlier criticized the SC over Sereno’s ouster, accepted De Castro’s appointment.

“Justice De Castro is the next most senior in the court. While on the one hand, she faces ethical questions considering that she is succeeding a CJ she helped remove. On the other hand, that will weigh heavily in favor of seniority as a tradition,” IBP national president Abdiel Fajardo said in a statement.

Palace officials announced last Saturday that President Duterte has chosen De Castro as chief justice from a shortlist submitted by the JBC last Friday that also included senior SC justices Diosdado Peralta and Lucas Bersamin.

The 1987 Constitution requires the chief justice, just like associate justices of SC, to be a natural-born citizen, at least 40 years old, have experience as judge or in private law practice for at least 15 years, and a person with proven competence, integrity, probity and independence.

De Castro was appointed to the high court by former president and now Speaker Gloria Macapagal-Arroyo in December 2007. Prior to her promotion, she was presiding justice of the Sandiganbayan and chair of the special division of the anti-graft court that convicted ousted president Joseph Estrada of plunder in 2007.

A recipient of numerous judicial excellence awards, the feisty justice has served as president of the Philippine Women Judges Association and the prestigious International Association of Women Judges.

The magistrate, who rose through the ranks of the judiciary from court clerk and has been serving in government for 45 years, is set to retire on Oct. 8.