Disqualification of four justices to chief justice post sought

MANILA, Philippines — Citing pending impeachment complaint, a private citizen on Friday sought the disqualification of four Supreme Court justices from becoming the next chief justice.

Rhia Ceralde asked the Judicial and Bar Council to disqualify Associate Justices Teresita Leonardo-De Castro, Lucas Bersamin, Diosdado Peralta and Andres Reyes Jr. from the nomination for the next top judge.

She cited the impeachment complaint against the four justices as basis for the justices’ exclusion from the chief justice nomination. Ceraldo pointed out that the JBC disqualified Sen. Leila de Lima from the chief justice race in 2012 due to a pending disbarment case.

On Thursday, opposition lawmakers led by Rep. Edcel Lagman (Albay) filed an impeachment complaint against the seven justices who granted the government’s quo warranto petition against former Chief Justice Maria Lourdes Sereno.

De Castro, Bersamin, Peralta and Reyes were among the respondents named in the impeachment.

Lagman said that this should bar the four justices from the chief justice nomination as “[a]n applicant who has a pending administrative case will be disqualified. We are saying that this impeachment case is more serious than an administrative case.”

However, Justice chief Menardo Guevarra—an ex-officio member of the JBC by virtue of his position—said that the complaint has no effect to the justices’ application.

Guevarra stressed that in his view, the impeachment rap is neither an administrative nor a criminal case.

Rules for disqualification

Ceralde also said that the four justices have no “integrity, probity and independence” as shown in their voting on the quo warranto petition.

“The fact that they are applying for the position of chief justice after justices De Castro, Peralta, Bersamin shamelessly refuted to inhibit and voted the quo warranto petition against [former Chief Justice Sereno] shows their corrupt and malicious intent,” her letter to the JBC read.

However, the council has only cited the the following grounds for disqualification:

• Applicants with criminal cases
• Applicants with administrative cases
• Applicants who have been found to have made false statements, misrepresentations, or concealments of material information in their personal data sheet

The JBC also stressed: “Complaints against applicants concerning the merits of cases or ascribing errors to their decisions or resolutions, which are judicial in nature, shall not grounds for disqualification.”

The JBC is set to deliberate on the shortlist for the next chief justice on Friday.