President Rodrigo Duterte said he would not appoint acting Chief Justice Antonio Carpio as the next Chief Justice to respect Carpio’s decision not to accept the nomination as top magistrate and would depend on the recommendation of the country’s legal bodies.
“He is not interested and he will not accept,” the President said, quoting the most senior magistrate.
Carpio earlier publicly announced he would decline any nomination for the next chief justice and would be consistent with his position that he did not want to benefit from the ouster of former Chief Justice Maria Lourdes Sereno who was removed through a quo warranto proceeding.
‘My position was that the quo warranto was not the right thing. That a sitting justice can only be impeached by the Senate, removed by the Senate,” Carpio had said.
In his speech during the 25th annual National Convention of the Vice Mayors League of the Philippines, Duterte said he could not convince Carpio to be the next top magistrate since he insisted he was not interested.
“His name is there. But the guy has already said that he is not interested and he does not want the position,” the President said.
Duterte admitted he could not force himself to appoint a person who did not want the position, and afraid to be called “gago” – the Tagalog term for silly.
“So ano bang magawa ko? Pag ibigay ko tapos sabihin niya, “Sinabi ko na sayong ayaw ko. G*** man pala itong Duterte na ‘to,” Duterte said.
Sereno was ousted through a quo warranto petition filed by Solicitor General Jose Calida.
The Supreme Court en banc junked the plea of Sereno to reverse the high court’s ruling that nullified her appointment as the country’s top magistrate.
The high court said its decision was final.
There is a 90-day period for filling up the vacancy in the office of the Chief Justice.
“I have to consult not only the Justices themselves but also the law profession—so it’s by IBP and Philippine Constitutional Association and others. And I will consult here, Atty. Dela Cerna. ‘my professor in Criminal Law,” the President said in an interview in Panglao, Bohol—without mentioning his professor’s first name.