AS THE convoluted chapter called the impeachment trial of now ex-Chief Justice Renato Corona comes to a close, yet another one opens — and with a lot at stake.
The search for the next chief magistrate has begun.
President Benigno Aquino III said that he is open to appointing an “outsider” candidate, according to deputy presidential spokesperson Abigail Valte.
Valte also said that the president can nominate his choice to the Judicial and Bar Council (JBC).
Three possible successors (all of them non-members of the high tribunal) have been named: Sen. Franklin Drilon, Bureau of Internal Revenue Commissioner Kim Henares, and Solicitor General Francis Jardeleza.
However, Drilon has stated his intention to finish his term as senator until 2016.
Valte clarified that the selection of outsiders will still be dependent on the decision of JBC. The JBC can still opt to limit candidates based on seniority.
“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),” Valte said.
So far there are three most senior SC justices: Antonio Carpio, Presbitero Velasco and Teresita Leonardo-de Castro.
According to the rules, Arturo Brion and Diosdado Peralta are also automatically nominated.
However, the five justices can still opt to decline.
The JBC is scheduled to convene on Monday to commence the selection process.
Acting SC spokesperson Ma. Victoria Gleoresty Guerra said that “The JBC will screen the nominees and them come up with an official shortlist where the President will handpick the next CJ.”
She added that outsiders from the judiciary are qualified to be nominated, “as as long as they comply with the constitutional requirements.”
“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,” reports Philstar.com.
Guerra said that based on constitutional rule, the appointment should be made within 90 days from May 29 — the day the senate impeachment court gave their verdict, voting 20-3 and finding Corona guilty of violating the Constitution and betraying public trust “for failure to declare $2.4 million and P80 million in his statement of assets, liabilities and net worth.”
As early as now, senators (who acted as senator-judges of the impeachment court) have expressed differing opinions regarding the selection process.
Senate Minority Leader Alan Cayetano said that the standards set by the impeachment of Corona should serve as the precedent in considering candidates.
“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, adding that “a politician is always partisan and will not be good for the judiciary.”
Cayetano stated his preference, recommending that Malacañang either choose an academician or “or a lawyer with 30 to 40 years of practice, one whom we know loves the law and not its benefits.”
To which, Sen. Edgardo Angara disagrees, noting how “some of the greatest decisions of the SC were passed and made” under former California governor Earl Warren’s watch and saying that it is not right “to stigmatize” a politician.
“Administration after administration, when vacancy occurs, naturally (one) will pick someone more or less parallel and in sync with the appointing power,” Angara said, hinting his support for Sen. Franklin Drilon as Corona’s successor.
Two senators have cautioned Pres. Aquino against appointing Associate Justice Antonio Carpio as the new Chief Justice: House Majority Leader Neptali Gonzales II and Sen.
Francis Escudero, who is the senate’s representative to the JBC.
Ex-CJ Corona earlier claimed that Carpio was among those who “orchestrated his ouster.” Escudero warned that because of the conflict, Carpio is also vulnerable to receiving an impeachment complaint.
“I fear that from the previous collision we will be thrust into another conflict. I am hoping that we can put an end to the impeachment so that our country would be peaceful and we could now focus on the economy,” said Escudero.
“Insofar that I am concerned, I’m not saying that I am prejudging him insofar that I am not voting for him or voting for him on the JBC. I’m merely talking of procedure and to my mind what’s good for our country at this time,” he explained.
He further clarified that Pres. Aquino did not appoint Carpio to be the acting Chief Justice and that Carpio’s ascendancy “is by virtue of our rule, practice and tradition of the Supreme Court that the senior justice will serve as acting Chief Justice in case that the Chief Justice is removed, becomes incapacitated or is not in the country,” (Rule 2, Section 2 of Administrative Matter No. 10-4-20-SC of the Supreme Court).
Escudero said that as presiding officer of the JBC, Carpio “should inhibit himself from JBC deliberations,” if he applies or gets nominated for the position.
But the paradigm shift that will change the course of the selection might be based on Escudero’s proposal come Monday. Escudero will propose the adoption of new requirements — the submission of SALNs and “the execution of a waiver of secrecy of bank deposits in favor of the JBC” for all applicants and nominees.
“We removed a sitting Chief Justice because of the inaccuracies in his SALNs versus his real bank deposits, so you don’t expect the JBC to nominate to PNoy someone whose SALN does not jive with his or her real wealth,” Escudero explained.
“Signing a waiver is logical so that the JBC can check your bank deposits. If you don’t want to sign a waiver, then don’t enter the government. We now have to follow a higher standard we applied on Corona,” Escudero added.
Sen. Francis Pangilinan is also batting for a more transparent selection of nominees, suggesting that JBC meetings, deliberations and voting on the final list of nominees be made public.
The ouster of Corona, while regarded as a milestone in our country’s history, is ONLY a baby step in the grand scheme of things.
As Daniel Wagner and Edsel Tupaz expressed in their Huffington Post blog: “As the Philippines closes this chapter on impeaching high government officials, Mr. Aquino should focus on fighting endemic corruption and, in turn, get to the root of the problem of widespread poverty. Tuesday’s conviction is certainly a step in the right direction. If Mr. Aquino stays focused on grassroots reform and avoids the temptation to revert to flashy moments of soap opera, which many have come to expect (and perhaps even look forward to), the Philippines can finally cast off its image as corrupt to the core and beyond help.”
“…Indeed, if President Aquino and the Senate were cut from a different cloth — the same old cloth — a mistrial would have been declared for some ridiculous reason, or Corona’s and Arroyo’s vain attempt to feign illness would have succeeded in securing their release. This time, it is different. The world is watching. Now, it is imperative that an appropriate sentence be dispensed — both on Corona and Arroyo — and that both serve their entire duration of that sentence. Otherwise, the President and the country open themselves up to living up to now dated expectations about how justice is served in the Philippines.”
(www.asianjournal.com) (LA Weekend June 2-5, 2012 Sec A pg.12)
