THE Integrated Bar of the Philippines (IBP) is hopeful that the decision of President Rodrigo Duterte to appoint Associate Justice Teresita Leonardo-De Castro as the new top magistrate will set a trend in the appointment of Chief Justice.
Upholding the seniority tradition in the Supreme Court, Duterte this week appointed De Castro, the second most senior Associate Justice of the Supreme Court.
The most senior, Associate Justice Antonio Carpio, declined the nomination saying that he will not benefit from the SC's "unconstitutional" decision that ousted Sereno.
Former House majority leader and Ilocos Norte Rep. Rodolfo Fariñas lauded President Duterte for upholding the tradition of seniority in the Supreme Court.
"I salute the President for upholding the tradition of seniority in the Supreme Court. More so, Chief Justice Teresita De Castro has a sterling record of service in the Judiciary," Fariñas said on Sunday, August 26.
De Castro will serve as Chief Justice for only less than two months as she will reach the retirement age of 70 this October 8.
Meanwhile, IBP president Abdiel Fajardo, in a statement, said the IBP maintains its position that the removal of Sereno through a quo warranto petition is unconstitutional.
"But faced with vacancy, we nominated Senior Justice Antonio Carpio on account of his seniority in the Court. Unfortunately, he declined the nomination," Fajardo said.
"Justice De Castro is the next most senior justice 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, we are hoping that this starts a trend that will weigh heavily in favor of seniority as a tradition," he added.
De Castro was one of the magistrates who voted to grant the quo warranto petition filed by the Office of the Solicitor General against Sereno over issues in the filing of her Statement of Assets Liabilities and Networth.
Opposition lawmaker Edcel Lagman, for his part, said that although seniority and career service are traditional guideposts in selecting the Chief Justice, these "should never supplant the high standards of proven independence and adherence to ethical values required of justices and judges. " "Career and seniority are matters of chronology but independence and ethical values are qualities of character," added the Albay representative.
Lagman said the Judicial and Bar Council (JBC) should have disqualified De Castro, along with Associate Justice Diosdado Peralta and Lucas Bersamin who are also shortlisted due to the pending impeachment complaints lodged against them at the House of Representatives.
The newly-appointed Chief Justice is facing an impeachment complaint at the House of Representatives for culpable violation of the Constitution and betrayal of public trust for ousting.
Also facing impeachment complaints aside from De Castro are Associate Justices Diosdado Peralta, Lucas Bersamin, Francis Jardaleza, Noel Tijam, Andres Reyes Jr. and Alexander Gesmundo.
Lagman said the JBC should not have forwarded the shortlist of applicants vying for the Chief Justice post to the Office of the President "in haste." He added that the President should have not acted with undue dispatch in choosing De Castro as the next chief justice.
"The emerging public backlash repudiating the choice of De Castro must impel the JBC and the President to reconsider her nomination and appointment," ended Lagman. (SunStar Philippines)