October 26 will be the retiring date of
Senior Associate Justice Antonio T. Carpio from the Judiciary he would be 70
years old by then, 18 years of judicial service in the country one of the
longest tenure as Justice in the Supreme Court.
In the years of service, he had five
chances to be the Chief Justice of the High Court but sadly it was by fate
maybe that he will not be appointed as such.
The Court En Banc in an unanimous
resolution as having the distinction of being the longest-serving
associate justice – 18 years granted him Chief Justice benefits upon his retirement, the High Court sees it just
for his 18 years of service.
(photo credit to owner) |
Former Chief Justice Artemio Panganiban in his
article “With Due Respect” published an article as to why this esteemed member
of the High Court did not became the Chief Magistrate when seniority wise and
qualifications alone is considered a shoo-in for the position.
“Justice Carpio is a man of deep convictions and
enormous moral courage. He is always guided by basic values like integrity,
honor, patriotism and accountability. He hates forked tongues, two-faced
Januses, grafters, and schemers. He backs up his conviction with resolute
action. He never wavers or compromises his basic principles. To him, it is more
important to be correct and to be honor-bound than to be titled grandiosely and
to be damned in history.”
For the sake of
the reading public, information of the many, clarity and understanding we have
quoted in full the article by CJ Panganiban titled “Why Tony Carpio never became chief justice” from
the Philippine Daily Inquirer.
Why Tony Carpio never became chief justice
Senior Associate Justice Antonio T. Carpio will
retire “upon reaching” his 70th birthday on Oct. 26. During his 18 years in the
Supreme Court, he had five chances to be chief.
The first was on May 17, 2010, upon the retirement
of CJ Reynato S. Puno. However, though already the most senior, he declined his
nomination due to his keen sense of “delicadeza,” because he voted against the
Court’s decision authorizing President Gloria Macapagal Arroyo, his former client,
to appoint the CJ despite the constitutional ban against midnight appointments.
When I asked why he declined, he quipped, “I do not want to be known as Mr. Midnight Chief Justice.”
His second was on May 29, 2012, when CJ Renato C.
Corona was impeached by the House and ousted by the Senate. After the Judicial
and Bar Council (JBC) nominated him (and some others), then President Benigno
Aquino III called him to Malacañang for an interview.
On his way home from the Palace, he called me,
sadly saying, “The President told me that he had no doubts about my
qualifications… However, he could not appoint me because some of his key Senate
allies and three prominent business leaders opposed my promotion.”
The third chance was after CJ Maria Lourdes P. A.
Sereno was removed on May 11, 2018. Again, he refused his nomination out of his
deep sense of “delicadeza” because he dissented against the ouster decision,
opining that the Court had no power to oust its members.
I privately argued with him, saying the rule of
law requires all, including dissenters, to obey the majority’s decision. But he
was, as usual, adamant in his stand.
The fourth chance came after CJ Teresita J.
Leonardo-De Castro retired on Oct. 10, 2018. This time, he accepted his
nomination, but President Duterte chose Lucas P. Bersamin, the third most
senior justice.
CJ Bersamin reached his mandatory retirement age
last Oct 18. Anticipating the vacancy, the JBC considered the five most senior
justices, including him, to be automatically nominated.
On this fifth chance, I was told by someone close
to the President (Lucio Singh) that the Chief Executive was open to elevating
Carpio to serve for at least a day or two before his compulsory retirement. But
Carpio preempted the President by again humbly declining the automatic
nomination. Had he accepted the nomination and thereafter been appointed, he
would have sported the dubious title of “Mr. One-Day Chief Justice.”
At this point in his storied life, titles, honors
and testimonials no longer faze him. Neither do they make him better, greater
or more exalted. His consuming ambition remains his passionate crusade for the
sovereign rights of our country in the West Philippine Sea.
Ever true to his innate modesty and humility, he
declined the traditional ceremony honoring retiring magistrates with a special
session at the Court’s hallowed session hall. He preferred a simple dinner with
his colleagues and close friends at the Conrad Hotel.
While the Court had no choice but to agree, it
nonetheless passed a unanimous resolution (with him taking no part) granting
him the retirement benefits of a chief justice.
I think this is the least the Court could do for
its longest-serving associate justice — 18 years — second only to the first
chief justice, Cayetano Arellano, who served for 19 years from 1901-1920. But
then, being the first chief, Arellano never served as an associate justice.
Justice Carpio has acted as chief justice several
times for a total of over eight months—longer than some who had been presidentially
crowned CJs, like De Castro (who served less than two months), Pedro L. Yap
(less than three months) and Jose Abad Santos (less than four months).
As I close this piece, permit me to recall, in
part, my toast to him on his 60th birthday, which is still true today: “Justice
Carpio is a man of deep convictions and enormous moral courage. He is always
guided by basic values like integrity, honor, patriotism and accountability. He
hates forked tongues, two-faced Januses, grafters, and schemers. He backs up
his conviction with resolute action. He never wavers or compromises his basic
principles. To him, it is more important to be correct and to be honor-bound
than to be titled grandiosely and to be damned in history.” Mabuhay!
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