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Appointing the president of the judiciary, whether it is the oldest or not, is the only way in which the president can legally influence the judiciary.
The President of the Supreme Court, Lucas Bersamin 163, was designated as the 253 Chief Justice of the Supreme Court.
Prior to his appointment, he was number 3 (appointed in April 2009) on the list of judges in office, according to the date of their appointment to the Supreme Court, with Senior Associate Judge Antonio T. Carpio being the oldest (148th judge partner). , appointed in October 2001) and the associate judge, Diosdado M. Peralta, as the second oldest magistrate (162nd associated justice, appointed in January 2009).
With his appointment, Chief Justice Bersamin automatically becomes number one on the list of candidates and is considered the oldest member of the Court In Bench.
His appointment, after the President himself stated that he would follow the rule of seniority in the selection of a Chief Justice, had marveled at the role of seniority in the selection of the President by President.
This week, we are deepening the so-called seniority rule in the appointment of a Chief Justice. What exactly is the rule, where is it found and what are the parameters of the seniority rule?
Understand seniority
There is no definition of "seniority" in the rules of procedure of the Supreme Court. Reference is made to this.
The United States Supreme Court, which is the model of the Philippine Supreme Court in many of its traditions, also does not define the term "seniority," simply stating that "… the nine judges sit by seniority. The chief justice occupies the central chair; the high deputy magistrate is on his right, the second on his left, and so on, alternating right and left by seniority. "
Rule 5 of the Rules of Procedure of the Supreme Court on precedence and protocol, however, gives the best idea of how the Court considers "seniority". According to section 1, "The President of the Supreme Court takes precedence over all other members of the Court. official functions. Associate Judges take precedence according to the order of their appointment as it has been officially transmitted to the Supreme Court. "
In this section, "seniority" refers to rank precedence according to the date on which their appointment is transmitted. It is also the case that the Court itself defined the term "seniority" for the purposes of the Court of Appeal, which has exactly the same provision as the Supreme Court in matters of precedence and protocol.
In the case Re: seniority among recent appointments to the post of Deputy Judge of the Court of Appeal, AM No. 10-4-22-SC (AM No. 10-4-22 -SC, September 28, 2010), the Court In Bank declared that:
"For the purposes of judicial appointments … the date on which the commission was signed by the chair (which is the date that appears on the document) is the date of the appointment. That date will determine the seniority of the members of the Court of Appeal in relation to Section 3, Chapter I, BP 129, as amended by RA 8246. In other words, the earlier the date of the commission of the warrant. is closer, the more he / she is on the other subsequent named persons. This is only when the appointments of two or more appointees carry the same date as the order of publication of the appointments by the president becomes important. "
Another understanding of seniority has been put forward – that the full criminal record of the candidate is taken into account.
In the case of Chief Justice Bersamin, he was appointed judge earlier than the other five candidates, although Associate Judge Estela M. Perlas Bernabe began her career in the Judiciary as a Technical Assistant in 1976. .
Considering, however, that the Court itself understood seniority as a grade determined by the date of its appointment, it is clear that the oldest, at the time of selection, was the Senior Associate Judge Antonio T. Carpio .
History of seniority
Are presidents bound by their seniority in the selection of a chief justice?
The Philippines has had only 25 Chief Justices in its history:
- Cayetano S. Arellano
- Victorino M. Mapa
- Manuel G. Araullo
- Ramon Q. Avanceña
- Jose B. Abad Santos
- Jose Y. Yulo
- Manuel V. Moran
- Ricardo M. Paras
- Cesar C. Bengzon
- Roberto B. Concepcion
- Querube C. Makalintal
- Fred Ruiz Castro
- Enrique M. Fernando
- Felix V. Makasiar
- Ramon C. Aquino
- Claudio S. Teehankee Sr.
- Pedro L. Yap Sr.
- Marcelo B. Fernan
- Andres R. Narvasa
- Hilario G. Davide Jr.
- Artemio V. Panganiban
- Reynato S. Puno
- Renato C. Crown
- Teresita J. Leonardo De Castro
- Lucas P. Bersamin
Maria Lourdes PA Sereno, appointed by President Benigno S. Aquino III in August 2012 to be the 24th Chief Justice, is not on the list because of the Supreme Court's decision in the Republic v. Sereno, who appointed her Chief Justice. empty ab initio. As a result, Teresita J. Leonardo De Castro, appointed Chief Justice in September 2018, became the 24th Chief Justice of the country.
Historical records will show that, on at least four occasions, the President did not feel bound by his seniority, as the highest ranking judge was not elevated to the rank of Chief Justice.
1. Enrique M. Fernando to Claudio M. Teehankee Sr.
When Enrique M. Fernando, the thirteenth Chief Justice, retired on July 24, 1985, Claudio M. Teehankee Sr. was the most senior deputy judge, but was not appointed Chief Justice. Instead, Ferdinand Marcos appointed Felix V. Makasiar as the 14th Chief Justice from 25 July 1985 to 19 November 1985, when he retired. Once again, Teehankee Sr. was, at that time, the most senior associate judge, appointed Chief Justice. Marcos appointed Ramon C. Aquino to the rank of 15th Chief Justice, from November 20, 1985 until his retirement on March 6, 1986. Teehankee will eventually be named the 16th Chief Justice of the Government Cory Aquino, who will serve from April 2, 1986 until his retirement on April 18, 1988.
2. Hilario G. Davide Jr. at Reynato S. Puno
When Hilario G. Davide Jr., the twentieth chief justice, retired on December 20, 2005, Reynato S. Puno was the highest associate judge, but was not appointed chief justice. Gloria Macapagal Arroyo has appointed Artemio V. Panganiban to the rank of 21st Chief Justice from December 21, 2005 to December 6, 2006. Puno would later become the 22nd President of the Supreme Court, replacing Panganiban from December 7, 2007 to May 16, 2010..
3. Reynato S. Puno to Renato C. Corona to Maria Lourdes P. A. Sereno
When Puno himself retired on May 16, 2010, Antonio T. Carpio was the oldest judge but was not appointed Chief Justice. Instead, Gloria Macapagal Arroyo named Renato C. Corona as the 23rd Chief Justice, from 17 to 2010, where he was dismissed following the sentencing judgment of the Senate, acting as the imputation court. . . At that time, Carpio remained Senior Associate Judge and served briefly as Acting Chief Judge until the appointment in August 2012 of Maria Lourdes P. A. Sereno as Chief Judge.
4. Teresita J. Leonardo De Castro to Lucas P. Bersamin
When Sereno was dismissed by the judgment of the Supreme Court in the case Republic c. Sereno, Carpio was still not the highest associate magistrate. Teresita J. Leonardo De Castro was the senior Chief Justice on the list of candidates for appointment to the position of Chief Justice because he did not agree to be appointed and considered Chief Justice. She eventually became the 24th Chief Justice until she retired on October 10, 2018.
Prior to the appointment of Chief Justice Bersamin as the 25th Chief Justice, Carpio was the most senior deputy judge.
Non-binding seniority for the president
The 1987 Constitution does not provide for separate criteria for the selection of a Chief Justice. The requirements for associated justice are the same as for a Chief Justice. Seniority is not a required factor in the selection of a Chief Justice.
Although seniority is an important tradition for the Court, it is not a tradition that necessarily binds the President. Historical records will show that former presidents Marcos, Arroyo and Aquino have not followed seniority in the appointment of chief justices.
What would be the advantages of using seniority within the meaning of the Court in the President's choice of President?
The most obvious would be the absence of a learning curve, since the oldest judge, probably the oldest, already knows very well the Court, its work and its traditions. The oldest associated justice would also be respected in an institution favoring collegiality and therefore likely to facilitate this collegiality.
However, linking to seniority would also have disadvantages. A president who seeks to put in place long-term reforms that are not bothered by presidential transitions would be required to elevate the next highest official without worrying about his own vision of what the judicial system should be and should do.
But then, the older one could also be the best choice.
In the end, it really depends on the vision of the president of the judiciary. Appointing the head of the judiciary, whether it is the oldest or not, is the only way in which the president can legally exercise influence over the judiciary; after which, this leader may be free to be totally ungrateful for the appointment – or not. – Rappler.com
Theodore Te, Ted for many, is a lawyer and human rights advocate, a law educator, a fan of comics and comics, an occasional critic of film and music critics, rights, abuses government and social injustice. Deep Dive is his attempt to explore issues of law and rights, politics and governance (and sometimes entertainment and sports) beyond headlines, sound bites, effects and buzz.
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