Justice Carpio can still become Chief Justice if he wants to — Drilon

Senator Franklin Drilon said Senior Associate Justice Antonio Carpio can still become the Chief Justice if he will accept the nomination of the Judicial and Bar Council (JBC) when the term of the country’s new head magistrate Teresita Leonardo-De Castro ends in October.

Drilon noted on Tuesday that Carpio refused to accept the nomination as the next chief justice because he does not want to benefit from the removal of ousted Chief Justice Maria Lourdes Sereno.

However, Drilon said Carpio’s reasoning would no longer be valid as it is De Castro who replaced Sereno. De Castro will only serve for 41 days as she is scheduled to retire this October.

If Carpio accepts JBC’s nomination, he could replace De Castro as the next Chief Justice, Drilon said.

READ: Duterte’s choice: De Castro Chief Justice for 41 days

“Carpio’s reason for declining any nomination for chief justice is no longer applicable today, because the vacancy that will be created next is by reason of De Castro’s retirement – not the removal of Sereno,” Drilon explained in a statement.

“Hence, I urge the most senior associate justice of the Supreme Court, Justice Carpio, to reconsider his stand and heed the call for him to apply as a successor of de Castro. I urge him to apply as the next chief justice,” Drilon added.

The five most senior justices of the Supreme Court are automatically nominated as next Chief Justice. Carpio, one of the five, declined the nomination and President Rodrigo Duterte chose De Castro as the head magistrate.

READ: Carpio formally declines nomination for chief justice

Duterte, on the commemoration of the National Heroes Day on Monday, discounted the possibility that Carpio would succeed De Castro when she reaches the mandatory retirement age in October.

“He stated publicly that he is not going to accept. So why force a person to accept a task that he does not want. This is a free country,” the President said.

READ: Carpio won’t succeed De Castro–Duterte

However, Drilon believes that the President has not closed doors on appointing Carpio, only if the justice would oblige.

“Contrary to news reports that the President has shut the door for a possible Carpio-led Supreme Court […] I read the President’s statement to mean that, he respects Carpio’s refusal to be nominated as Chief Justice for the vacancy created by the removal of Ma. Lourdes Sereno,” Drilon claimed.

“Unless I am wrong, the President did not close the door to future nominations of Carpio as next Chief Justice,” the senator added.

Drilon also stressed that the Chief Executive’s reasons for appointing De Castro bode well for Carpio.

“The President has announced that Justice Teresita de Castro is appointed Chief Justice with her seniority as a principal and major consideration. That could be a good indication for Senior Associate Justice Antonio Carpio to be the next Chief Justice,” Drilon said.   /vvp