Paolo Tamase, University of the Philippines College of Law Associate Dean, said some are advocating for a return of the practice where seniority is the main factor in the selection of the country’s next Chief Justice, as this makes the process less controversial.
Tamase also said putting the most senior member in charge helps resolve conflicts within the court.
Speaking on Bilyonaryo News Channel’s “MEMO with Korina,” Tamase noted that the Constitution requires no special qualification for Chief Justice. What it requires is that a member of the judiciary must be a person of proven competence, integrity, probity, and independence. This is a requirement for all, not just the top magistrate.
But he said that in the past, seniority had been one of the key factors in choosing the Chief Justice.
“Yung seniority kasi within the courts and really, within the larger legal profession, conflict management device po kasi siya. Sometimes, hindi na po napapagawayan yung ibang bagay kapag yung senior na po yung nagtatawag ng shots,” he said.
He said that when this was the norm, the Chief Justice selection was not much of an issue because the post just went to the most senior member of the court.
“Hindi naman po by constitutional rule, but parang by practice ng gobyerno, yun po yung nase-select para hindi po controversial. Kasi at the end of the day, yung chief justice isa lamang sa 15 na boto pagdating sa kaso,” he said.
There had been deviations from the norm during the term of President Gloria Macapagal Arroyo, he noted, and the practice had not been strictly followed since then.
But some want to return to the old tradition, he said.
“Some advocates still push for a return to that ‘neutral’ na rule of seniority,” he said.
Arroyo had appointed three Chief Justices, and twice bypassed the seniority tradition when she appointed Chief Justices Artemio Panganiban and Renato Corona.
President Benigno Aquino III also did not follow the practice when he appointed Maria Lourdes Sereno as Chief Justice.
Meanwhile, Tamase also said another important factor to be considered in the Chief Justice selection is administrative capacity.
He said that aside from deciding cases, the Chief Justice also acts like the chief executive officer of the entire judiciary, he said.
“From the critical academic perspective, kailangan din po ng Chief Justice who can maneuver the difficulties of politics,” he said.
The Judicial and Bar Council, which selects the nominees for vacancies in the judiciary, has invited the five senior associate justices of the Supreme Court to apply for Chief Justice, which will be vacated with the retirement of Chief Justice Alexander Gesmundo in November.
The JBC referred to them as “preferred candidates.”
They are Senior Associate Justice Marvic Leonen and Associate Justices Alfredo Benjamin Caguioa, Ramon Paul Hernando, Henri Jean Paul Inting, and Rodil Zalameda.