JBC contemplates bending rules for Antonio Carpio

JBC contemplates bending rules for Antonio Carpio




Associate Justice Antonio Carpio will still be considered for the top magistrate post.

The powerful Judicial Bar Council (JBC) is willing to bend its rules re nominations for the vacant Supreme Court Chief Justice post.

Last month Carpio made it public that he does not want to aspire for the position of Chief Justice, because it will be like profiting from the quo warranto proceeding that ousted Maria Lourdes Sereno.
Acting Chief Justice Antonio Carpio (photo credit to PDI)

 
 
 

Justice Secretary Menardo Guevarra, an ex-officio member of the JBC revealed that Carpio may still be considered for the top judicial post despite his reported decision to decline any nomination.

The JBC requires for the nominees to submit conforme or acceptance of nominations to the council, this rule could be waived in the case of Justice Carpio, as there is  a request by retired chief justice Hilario Davide Jr. to the JBC.

“The JBC rules require the consent of the automatic nominee. But since there is a request to dispense with such consent, the JBC may have to consider it,” Guevarra revealed.

JBC, which is a seven-member council will discuss the matter in their next meeting, which will be presided by the acting chief justice Antonio Carpio himself as an ex-officio chair of the council.

Former Chief Justice Hilario Davide in his letter to JBC, asked the council to automatically nominate Carpio for the top post and pleads to the JBC to still consider the most senior justice in the current members of the Supreme Court even if Carpio formally declines the said nomination.

“He had earlier been bypassed twice. Delicadeza (propriety) should no longer be invoked because the decision in the quo warranto case is final. It has become the law of the case,” the retired chief justice Davide stressed.

“The vacancy is real and lawful. He was not responsible for its occurrence. Personal consideration must now yield to the demands of public interest and of the good of the service. He should not deprive the President to have the opportunity for a wider field of choice for the best for the (SC) in particular and the judiciary and the people in general,” Davide added.

Under JBC rules, the five most senior members of the Supreme Court – Carpio along with Associate Justices Presbitero Velasco Jr., Teresita Leonardo-de Castro, Diosdado Peralta and Lucas Bersamin – have been automatically nominated for the chief justice.


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