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The top three preferred candidates by the Supreme Court to replace former Chief Justice Maria Lourdes Sereno are all appointed by President Gloria Macapagal-Arroyo.
During Tuesday's bench session, the high court voted among the five candidates nominated for the position with judge Lucas Bersamin as first choice with a unanimous vote of 10.
He was followed by the Associate Judges Diosdado Peralta and Teresita Leonardo De Castro with nine votes each.
Associate Judge Andres Reyes Jr., one of the most junior judges of the High Court, got two votes. Another candidate is the executive judge of the Davao Del Norte Regional Court of the City of Tagum, Virginia Tehano-Ang. The High Court vote indicated that judges adhered to the longstanding tradition of seniority and not outsider.
Bersamin, Peralta and De Castro are among the top five judges of the Supreme Court. By tradition, the oldest judges are appointed to the higher judicial office. However, they must submit a letter of acceptance to the Judicial Council and Bars (JBC) so that they can be considered for the position.
Acting Chief Justice Antonio Carpio, the highest ranking judge, and Deputy Judge Presbitero Velasco refused the appointment. Carpio said that he did not want to take advantage of the SC's decision granting the quo warranto that ousted Sereno while Velasco will be forced to retire next month.
De Castro was first named by Arroyo on December 3rd. 2007 followed by Peralta on January 14, 2009 and Bersamin on April 3, 2009. Prior to their appointment to the Supreme Court, De Castro and Peralta were members of the Sandiganbayan Division which convicted the former president, now Mayor of Manila, Joseph Estrada, of looting. . Bersamin, on the other hand, was an assistant judge of the Court of Appeal.
De Castro must retire from the CS on October 8, 2018, when she will reach the age of mandatory retirement of 70 years. If appointed, it will be
HC records showed that the Chief Judge with the shortest term was Pedro Yap with only 72 days or from April 19, 1988 to June 30, 1988.
Bersamin will reach the Mandatory retirement age of 70 in October 2019 while Peralta will retire in March 2022.
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