DE LIMA, CARPIO INHIBIT SELVES FROM JBC NOMINATIONS / MIRIAM'S
ADVICE TO P-Noy
[Justice Secretary Leila de
Lima]
MANILA, JUNE 5, 2012 (INQUIRER) By Tetch Torres - Acting Chief
Justice Antonio Carpio and Justice Secretary Leila De Lima inhibited themselves
from the deliberation of the Judicial and Bar Council (JBC) due to their
possible nomination to replace former Chief Justice Renato Corona.
Lawyer Milagros Cayosa, representative of the Judicial and Bar Council (JBC),
said Carpio presided on the discussion about vacancies in the lower court.
"In the proceedings for determination of nomination in the lower court,
Justices Carpio and [Teresita Leonardo] de Castro presided with Justice Carpio
as presiding officer and De Castro as consultant," Cayosa said.
She said when they were about to discuss the chief justice nomination, the
justices inhibited along with De Lima.
De Lima inhibited saying that while she is not personally applying "should
there be a need later, I would like to keep my options open."
Under Article 8 Section 7 of the 1987 Constitution, a member of the Supreme
Court must be a natural-born citizen of the Philippines, at least 40 years of
age, and must have been for 15 years or more, a judge of a lower court or
engaged in the practice of law in the Philippines.
The same law also requires that a member of the Judiciary must be "a person
of proven competence, integrity, probity, and independence."
The JBC is the constitutionally mandated body to screen and recommend to the
President of the Philippines aspirants to Judiciary post and the Office of the
Ombudsman.
Aside from Cayosa other members of the JBC are De Lima and Iloilo
Representative Niel Tupac Jr, Senator Francis Escudero, all ex-officio members
while its regular members include retired Supreme Court Associate Justice Regino
Hermisisima Jr., lawyer Jose V. Mejia as representative of the academe; and
lawyer Aurora Santiago Lagman as representative for the private sector.
Next Chief Justice must not be Corona foe—Santiago
By Cathy Yamsuan Philippine Daily Inquirer 2:25 am | Monday, June 4th, 2012
Here's a piece of advice from Senator Miriam Defensor-Santiago to
President Benigno Aquino III on the eve of Monday's meeting of the Judicial and
Bar Council (JBC), which will deliberate on whom to recommend to be the
country's next Chief Justice: Don't choose an adversary of ousted Renato Corona
for the job.
This is because the successor's integrity would automatically become suspect,
Santiago said.
Santiago gave her unsolicited advice after she was asked about some names
being floated to replace Corona, including Justice Secretary Leila de Lima,
Internal Revenue Commissioner Kim Henares and acting Chief Justice Antonio
Carpio.
While Santiago agreed "it's about time" a female Chief Justice presided over
the high court, she noted that De Lima and Henares faced the disadvantage of
having testified against Corona in his impeachment trial.
"There will be that moral question mark, that they witnessed against the
Chief Justice. People might say, 'Probably you testified against him because
you're interested in his position,'" Santiago said on radio station dzBB.
"Leila is a member of the Aquino Cabinet. So there would be a perception that
she is very close to the President. We can say the same thing about Kim,"
Santiago said.
The senator pointed out that the country was not wanting in competent females
for the job. "Right now, I can think of Ameurfina Melencio-Herrera as a possible
Chief Justice. She's good! Trouble is, she is not close to the administration,
she's not into politics," she said.
Herrera, 90, is a retired associate justice of the high court. She is now
chancellor emeritus of a judicial academy that gives professional training to
members of the judiciary.
A delicate challenge
Santiago expressed reservations about Carpio, a known adversary of Corona.
"Corona says [Carpio] is one of those behind his ouster. This means the
President, as appointing power, is placed in a very, very delicate challenge,"
she said.
As acting Chief Justice, Carpio will sit as ex-officio chairman of the
eight-member JBC when it meets Monday. The council is empowered to submit to the
President a short list of five nominees for the Chief Justice post. Mr. Aquino
may choose from the list or pick someone else not on it.
"It would be such an awkward thing if the chair of the JBC is nominated and
also votes. All JBC members who are nominated should inhibit themselves out of
ethical consideration," Santiago stressed.
Keep out of politics
Santiago echoed warnings against Mr. Aquino choosing a politician, especially
one belonging to his Liberal Party.
"The Chief Justice must keep away from politics. It's such a sensitive
position," she said.
"Even if the successor has not done anything wrong, people can simply say the
administration simply wanted to replace Corona with an ally. The new Chief
Justice's credibility is immediately eroded," she said.
Unifying choice
In a statement at the weekend, Senator Francis Escudero, a JBC member, said
"the hunt" for Corona's successor should not be limited to the 14 justices now
on the Supreme Court.
"It has always been my view that the next Chief Justice should come from a
neutral ground, someone who is not identified with any partisan group," Escudero
said.
"Any choices and actions for the country now should be a unifying, inclusive
and progressive one. We just came from a highly divisive exercise and now that
it is over, we need to move on and move forward," Escudero said.
Escudero was earlier reported by the US-based Asia Journal newspaper as
saying that picking Carpio as the new Chief Justice might plunge the high court
into "another conflict" owing to the feud between Carpio and Corona, who had
accused the former of coveting his job.
Under the Constitution, the President has 90 days to appoint Corona's
successor, who would then be the country's 24th Chief Justice. With reports from Jerome Aning and Inquirer Research
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
All rights reserved
PHILIPPINE HEADLINE NEWS
ONLINE [PHNO] WEBSITE
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