22 candidates make it to JBC's long list for CJ post; 4 disqualified

(Updated 8:00 p.m.) - The Judicial and Bar Council has trimmed down to 22 the list of individuals aspiring for the vacant post of chief justice.   Interviewed after the JBC meeting Friday, JBC ex-officio member and Iloilo Rep. Niel Tupas revealed that only 22 of the 26 people who either applied or accepted their endorsements made it to the "long list" the JBC will have published in newspapers Monday next week.   Four of the 26 have been disqualified for various reasons:   - Jocelyn Esquivel (for not being a lawyer who practiced law for 15 years); - Ferdinand Pijao Jr (for being older than the 70 years retirement age for justices); - Former Manila judge Amelia Tria-Infante (for have been convicted in an administrative case and fine P11,000;) - Former Malabon City judge Florentino Floro (who had been dismissed as judge due to mental problems) Presidential prerogative   Meanwhile, Malacanang on Friday said the next chief justice need not be near retirement to be appointed. Presidential spokesperson Edwin Lacierda said a chief justice of any age can be appointed.   “It depends on the prerogative of (the President). If he (nominee) was recommended by the JBC (Judicial and Bar Council) and the President finds a person fit to serve as Chief Justice, and regardless of age, that’s something that we can accept,” he said.   He added that the Constitution requires only a minimum age requirement of 40 for one to be appointed chief justice. The charter also sets a retirement age of 70 for SC justices.   “It does not require you to be near retirement before you can become Chief Justice. So let’s change our perspective on—or the idea that someone should be near retirement before he is fit to serve as chief justice,” said Lacierda.   He pointed out that present US Chief Justice John Roberts was appointed at the age of 50 in 2005 by then President George W. Bush. Unlike in the Philippines where SC Justices retire at age 70, US Chief Justices can serve until they resign or die.   Some senators earlier warned President Benigno Aquino III against appointing a young Chief Justice. Of the SC justices in the running, Associate Justice Ma. Lourdes Sereno is the youngest. She marked her 52nd birthday only last July 2. Sereno is the first appointee of Aquino to the high court.   Senator Francis Escudero said Aquino should consider how long the new chief justice would have to stay in his post considering his or her age.   For example, he said, if the candidate appointed is only 42 years old like him, the person would be chief justice for 28 years since the chief magistrate can only be replaced in case of death, sickness, retirement or if convicted by an impeachment court. Still in contention   The Supreme Court justices included on the long list are:   - Acting Chief Justice Antonio Carpio - Associate JusticePresbitero Velasco Jr. - Associate Justice Teresita Leonardo-de Castro - Associate Justice Arturo Brion - Associate Justice Roberto Abad - Associate Justice Ma. Lourdes Sereno   Other former and current government officials also included are:   - Justice Secretary Leila de Lima - Solicitor General Francis Jardeleza - Cagayan de Oro Rep. Rufus Rodriguez - Chairman Andres Bautista of the Presidential Commission on Good Government - Commissioner Rene Sarmiento of the Commission on Elections - Securities and Exchange Commission Chairperson Teresita Herbosa - Retired Judge Manuel Siayngco Jr. - Former Executive Secretary Ronaldo Zamora   Those from the academe who were included are:   - Raul Pangalangan, former dean of the University of the Philippines College of Law - Cesar Villanueva, former dean of the Ateneo de Manila Law School - Jose Manuel Diokno, founding dean of the De La Salle University College of Law - Amado Valdez, dean of the University of the East College of Law   Other lawyers on the "long list" are:   - Atty. Katrina Legarda - Atty. Soledad Cagampang-De Castro - Atty. Rafael Morales - Atty. Vicente Velasquez Could be disqualified   Tupaz also noted that De Lima and Sarmiento have pending cases but added those would not lead to their disqualification for now.   "We will give them a chance until the day of voting which is July 30…"If in case, their cases don't get dismissed, we will not consider them anymore,” Tupas said.   JBC member for the academe Jose Mejia added: "They will not be immediately disqualified because they will be given an opportunity to work on the dismissal of their cases. But if the cases don't get dismissed, they will not be included in the voting."   De Lima is facing a disbarment case filed by lawyer Agustin Sundiam who said she should be disciplined for her utterances and remarks on national television supposedly supporting the bashing of ousted Chief Justice Renato Corona.   Tupas said Sarmiento, meanwhile, has a pending administrative case with the Office of the Ombudsman. He did not elaborate. Section 5 of Rule 4 of the Rules of the JBC provide that:     The long list will be published in newspapers on Monday, after which the JBC will start accepting within 10 days oppositions to the candidacies of the aspirants.   Public interviews will then start on July 24 and will run for four days until July 27. The JBC plans to interview around six candidates per day, starting at 9 a.m. to 5 p.m. with a one-hour lunch break at noon.   Mejia said the JBC has finalized its guidelines for the live coverage of the public interviews of the candidates. He added that the SC Public Information Office would be the one to release copies of the guidelines.   "Nothing much has been changed in the initial draft guidelines. There was no significant change from previous draft," he said.   The draft guidelines earlier released said that the SC PIO will be responsible for media accreditation and identification card issuance. SC reporters are not required to apply for accreditation and are automatically accredited.   Media workers who will be covering the nominees’ panel interviews and still need accreditation should file their applications a week before the start of scheduled interviews. One-day or temporary passes are also available on a “case-to-case basis.”   The panel interviews will be held at the SC Division Hearing Room.   “Designated seats for the reporters at the left and right rear of the hearing rooms shall be in a first-come, first-served basis,” the draft guidelines read.   To accommodate more journalists, the JBC will provide a media room equipped with a television which will broadcast the proceedings, live.   Photographers are not allowed inside the proceedings. They are only given a three-minute photo opportunity before the start of the panel interview.   Official photos from the SC PIO will be made available upon request. – KG/ELR, GMA News