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Carpio urged to inhibit self from nomination of new chief justice

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Justice Antonio Carpio. INQUIRER/LYN RILLON

MANILA, Philippines—Acting Chief Justice Antonio Carpio may preside over the Supreme Court but he will have to inhibit himself from the Judicial and Bar Council’s deliberations in the selection of a replacement for Renato Corona, who has been removed, Sen. Francis Escudero said Thursday.

Escudero, the Senate’s representative on the JBC, had long expected Carpio, “being the most senior associate justice” of the Supreme Court, to assume the position of head of the judiciary after Corona’s removal by the Senate sitting in judgment of the impeached Corona.

Carpio automatically became acting chief justice and JBC chair based on “Supreme Court internal rules and by tradition, so nobody can question it,” said the senator, a lawyer.

“The President has nothing to do with this (Carpio’s move)—let’s make this clear,” said Escudero, explaining that the chief justice has other administrative tasks to perform, such as payment of salaries of court employees and regular fund disbursements.

As acting chief justice, Carpio will preside over the JBC deliberations, Escudero said, adding, “If he becomes a nominee, or he applies, he will have to inhibit, of course.”

The JBC is a constitutional body created by the 1987 Constitution to screen and recommend to the President nominees for vacancies in the judiciary, from trial court judges to justices of the high court.

According to Escudero, the JBC has set a meeting on Monday to approve the publication of the vacancy in the Office of the Chief Justice.

The JBC and President  Benigno Aquino III have 90 days to fill the vacancy arising from the removal of Corona on Tuesday for culpable violation of the Constitution and betrayal of public trust.

“It would take one and half months (to complete the process), or approximately by July 15. So the President will have one and a half months to choose from the list,” said Escudero.

But the JBC secretariat expects that a shortlist of nominees will be on the President’s desk on or before July 15, allowing  Aquino to appoint Corona’s replacement before his annual State of the Nation Address on July 23.

Under Section 4, Article 8 of the Constitution, vacancies in the judiciary should be filled within 90 days, “or 90 days from Tuesday in the case of Corona,” said Escudero.

The JBC is composed of four ex-oficio officers (the chief justice, the secretary of justice, and two members from the Senate and House of Representatives, usually the chairpersons of their respective committees on justice), and four regular members representing the retired Supreme Court members, academe, Integrated Bar of the Philippines, and the private sector.

At the meeting next Monday, Escudero will propose to the JBC another important reform at the JBC in the aftermath of the ouster of Corona from the high court.

“I will ask for the adoption of another requirement—for applicants to submit their statement of assets, liabilities and net worth,” said Escudero, pointing out that even applicants coming from private sector should fill out a SALN.

“All applicants and nominees should execute a waiver of secrecy of bank deposits in favor of the JBC. They should submit their maintaining balances (for bank deposits) which should be checked against the SALN,” he said.

Corona, during his second appearance at the Senate impeachment court last week, issued a belated but unconditional waiver for all his bank accounts, whether in peso or dollar.

“We removed a sitting chief justice because of the inaccuracies in his SALNs versus his real bank deposits, so you don’t expect the JBC to nominate to P-Noy (President Aquino) someone whose SALN does not jive with his or her real wealth,” said Escudero.

The senator pointed to the imperativeness of learning from the impeachment case of Corona.

“I will not support whoever does not executive a waiver. My position is that person should be disqualified. At the very least, I will not vote for that person,” said Escudero.

He added: “Signing a waiver is logical so that the JBC can check your bank deposits. If you don’t want to sign a waiver, then don’t enter the government. We now have to follow a higher standard we applied on Corona,” said Escudero.


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Tags: acting chief justice Antonio Carpio , Corona Impeachment , corruption , Ill-gotten wealth , Juan Ponce Enrile , Ombudsman Conchita Carpio Morales , Senate , Serafin Cuevas , Supreme Court Justice Renato Corona


  • http://profile.yahoo.com/NHR5PHABMUMPBZAEYKP2SROOTQ Jon

    The new chief justice should be chosen from the appellate courts.  This way it avoid any kind of familiarity with the current member of the Supreme Court. It’s important that he/she be independent of the current politics within the government and the supreme court.

  • Erewhon Revisited

    Maganda iyan aCJ Carpio, since you’re retiring na in two years, inhibit yourself.

    Since, it was offered to you before but you refused it dahil sa maling paraan, and now if you’ll inhibit your self  para hindi magkakulay, that is as good as being a CJ narin, No, more than a CJ.

    A certified justice with conscience.

  • BayanBangon

    Give him a change, I do like 
    Justice Antonio Carpio to become the CJ.

  • wawa2172

    I agree with what Escudero said, the norm is now for the JBC to scrutinized the $ and peso account of the nominees. The nominee have to execute a waiver to scrutinized his bank accounts but no problem for Carpiio because Enrile, De Lima and Tupas will cover for him that his dollar deposits are in form of peso account as stated in SALN. Its a “palusot” and this is the only way the nominees will be able to “lusot” the quiz of the JBC members. None in the JBC can opposed the will of the person sitting in power, try to block the way of the executive and you are gone.

  • Marx Louis Wang

    Dapat ang pumalit kay Thief Crown ay yong hindi maiipluwensiya ni PNoy. Sa ganitong paraan maaalis sa nalasong pag-iisip ng iba na si PNoy ay magiging isang diktador (ang mga nag-iisip nito ay nalason na sa kanilang mind setup dahil sa diktador na si alam niyo na!).

    • Simplify1

      Ang problema, there will still be the “minorities” na dissenters regardless of who Pnoy selects…. Case in point is OMB Morales.  When she was appointed OMB, walang umangal kasi nga naman walang makapagsabi na hindi siya qualified sa position na yun. But when she presented her damning evidences sa IC, all of the sudden “tuta” na siya ni PNoy just because her testimony exposed corona’s hidden and ill gotten wealth…

  • http://pulse.yahoo.com/_ZLG6N3K2NDNGD3JN46EXOIOSEE pogi

    I RESPECTFULLY NOMINATE…JOSHUA AQUINO TO BE THE NEXT CHIEF JUSTICE

  • http://pulse.yahoo.com/_ZLG6N3K2NDNGD3JN46EXOIOSEE pogi

    ANYTIME MAG SIGN SI JOSHUA NANG KANYANG WAIVER…DIBA.

    NO QUESTION ASK…KALARO PA NYA EVERYDAY…O…DIBA.

    APPROVED….HAHAHAHA…JOSHUA FOR CHIEF JUSTICE.

  • http://profile.yahoo.com/HR6ZUASYQVJDOQZXV7ROMEF2YI Abnoy tupak

    carpio pa kapalan na lang ng muka..
    tsk tsk tsk

  • http://pulse.yahoo.com/_ZLG6N3K2NDNGD3JN46EXOIOSEE pogi

    JOSHUA AQUINO IS THE BEST WALANG ANOMALYA.

    VOTE FOR JOSHUA AQUINO FOR CHIEF JUSTICE.

    • Jay Ann

      May bumigay na dito… di yata nakayanan yung desisyon ng Senado.

      Tsk tsk.. wawa naman.

      • billygunn23

         totoo naman na may sayad silang lahat e!

    • billygunn23

       AGREE 100%!

      NO WONDER THEIR ILLNESS RUNS IN THE FAMILY! LOL

  • barangayboso

    Urged? who urged him?

     I think the magistrate knows exactly what to do..

    ang hirap naman kasi sa iba pinapangunahan agad, tapos pag ginawa nung tao, tama sila.. pag naman hindi,  ang daming sinasabi…

  • http://www.facebook.com/people/Ed-Dames/549197869 Ed Dames

    To follow the suggestion of Sen. Escudero for Senior Justice Antonio Carpio not to accept the post of Acting CJ is to give credence to the allegation of convicted former CJ Corona against now Acting CJ Carpio. He’s the acting CJ because it’s the tradition of the Supreme Court. He was one of the candidates for the CJ post before but did not accept the nomination because he did not want to be a midnight appointee. That’s delicadeza. He is qualified and morally fit to be the next CJ. If he’s nominated, I would support him.

  • alexdgreat

    naku abstain c chiz sa btohan nyan…makakaboto lang sya kung ung bagong pasa ng bar ang isa sa candidate…cguradong totoo pa saln non kung meron…tsktsktsk..nomination to be CJ ,its getting more fun!only in d philippines

  • Concur_Dissent

    As usual, Escudero is grandstanding.  He should know better than open his mouth before looking back and learning from history… A precedence has already been set when CJ Fernan who ran for public office created a vacancy for chief justice.  The “acting Chief Justice Narvaza” who became the ex-officio chair was included in a short list and eventully appointed by the President.  He did not inhibit himself. 

    It seems like Escudero would like to politicize the JBC  selection process again as he did when he instigated the selection process for CJ Puno’s replacement long before he was scheduled to retire…. Had the JBC withheld the submission of the short list to GMA, she would not have made a midnight appointment for corona, and corona would not have to suffer his “calvary”, as he put it… If escudero has something against AJ Carpio, he should just make this known during their deliberations at the JBC….

    2. 

    • Simplify1

      Another foolish suggestion of Escudero is the completion of SALNs and Waivers for all applicants and nominees!  Even if there were 20 candidates who complied with these requirements there can only be 1 winner….so what happens to the private information of the rest of the 19?  Naka ladlad na sa publiko!  That’s so unfair… Suggestion ng chismoso yang kay escudero….

      What he can suggest is require all the candidates to agree to a waiver and SALNs ONLY upon successful appointment…. 

  • Simplify1

    There are many ill bred commenters sa forum na eto… halatang walang alam sa political correctness and who still live in the stone age.  It is one thing to label Pnoy as noynoying, sinto sinto, psycho, etc, etc, pero naman basta ininsulto ay isang musmus na walang kaalam alam at totoong may kapansanan, out of bounds na yan!  Such labelling does not make you superior to the kid, it only shows who you really are…. BULLIES!!

  • http://pulse.yahoo.com/_YLUVFVQ3WSNDY4XF5MYU6CYT6Y Joseph

    I support Escudero’s proposals %1000. We don’t want to have another Corona in our midst. If would-be applicants are sincere and honest to serve our people then they should submit themselves to fine-tooth scrutiny by submitting a waiver into his/her assets.I thought the waiver to disclose his/her assets whether in pesos or dollars is already in the SALN.Why introduce another waiver? Those who refuse to sign a waiver means he/she is hiding something. Don’t you think so?

  • http://pulse.yahoo.com/_YLUVFVQ3WSNDY4XF5MYU6CYT6Y Joseph

    Don’t politicize the Supreme Court. Only qualified applicants from the Judiciary need to apply or selected by an independent body.I hope M.Santiago does not apply. Her lawyering for Corona during the impeachment trial shows she not after the truth to come out. She is too partisan.

  • http://pulse.yahoo.com/_QZZKXPEA67I7HELEIYM35QVYFA Jon

    Alam ko na kung sinong pipiliin ni Budoy bilang bagong CJ.
    Inaaliw siya.
    Pinapatawa siya.
    Napakanta siya sa gitna ng kalungkutan.
    Inangat si Budoy noong panahon ng pagluluksa at kahirapan.
    Nakalimutan ni Budoy ang lahat ng problema niya noong panahong magkasama sila.

    Ang nag-iisang si VALERIE CONCEPCION

  • Kuya_Pepe

    Delicadeza… uso pa ba yon?  Meron kaya non si Carpio? 

    Balita ko hindi nya tinanggap ang nomination noon dahil ayaw niyang maging “midnight appointee”.  Aba, mukang may delicadeza!

    Eh ngayon, tanggapin nya na kaya o siya mismo ang mag-apply sa position?  Naku, delikado!

  • http://profile.yahoo.com/FPGLAYFLIRUSI2NAEG3Q5E6PGU R

    Televise and broadcast the whole selection process…LIVE.  No “analysts” and anchors this time…okay maybe Adel Tamano is qualified to be sole anchor.



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