ICC orals face new SC chief

Oral arguments on the plea against the ICC withdrawal were moved to tomorrow from the original date of 14 August

New Chief Justice Teresita Leonardo de Castro will assume her post tomorrow when the Supreme Court (SC) en banc starts the oral arguments on two petitions challenging the government’s notice of withdrawal from the Rome Statute that created the International Criminal Court (ICC), Senior Associate Justice Antonio Carpio said yesterday.

Executive Secretary Salvador Medialdea is expected to release De Castro’s official appointment paper also on the same day.

It was Special Assistant to the President Christopher Lawrence “Bong” Go and Justice Secretary Menardo Guevarra who jointly announced President Rodrigo Duterte’s appointment of De Castro last Saturday.

Carpio in a radio interview also welcomed De Castro being named as top magistrate.

The SC has moved the oral arguments on the plea against the ICC withdrawal to 28 August from the original date of 14 August.

Consolidated petitions filed by six opposition senators and the Philippine Coalition for the International Criminal Court led by former Commission on Human Rights chair Loretta Ann Rosales will be tackled at the meeting.

De Castro’s term will be short-lived as she reaches the mandatory retirement age of 70 for members of the judiciary on 8 October.

The oral arguments will tackle the petition of six opposition senators, who filed for certiorari and mandamus, saying that under Article VII, Section 21 of the 1987 Constitution, the government’s signing of a treaty or international agreement requires the participation of the Senate by voting on it.

Based on guidelines that the SC issued four major issues will be tackled in the oral arguments which are whether or not it should take cognizance of the petitions; whether or not the withdrawal from the Rome Statute, through a “note verbale” delivered to the Secretary General of the United Nations is “valid, binding and effectual”; whether or not the withdrawal places the Philippines in breach of its obligations under international law and whether or not it will diminish the Filipino people’s protection under international law.

Gordon said De Castro is very qualified to occupy the post

President Rodrigo Duterte announced on 14 March the government’s withdrawal of its ratification of the Rome Statute.

Duterte cited the “baseless, unprecedented and outrageous attacks” against him and his administration as the reason for his withdrawal as a state party.

ICC special prosecutor Fatou Bensouda announced the tribunal will start a preliminary examination on alleged human rights violations committed as a result of Mr. Duterte’s war on drugs.

Malacañang shrugged off criticisms on De Castro’s appointment as SC head, saying Mr. Duterte’s decision was based on merit and seniority.

Mr. Duterte named De Castro as top magistrate besting fellow senior SC Associate Justices Lucas Bersamin and Diosdado Peralta which was a move administration critics said was a payback for her supposed role in the ouster of her predecessor Maria Lourdes Sereno back in June.

“That’s nonsense,” the President’s spokesman Harry Roque said.

“The President simply upheld judicial professionalism by appointing the most senior among the aspirants,” Roque added.

Among those who slammed Mr. Duterte’s decision to choose De Castro for the position are Albay Rep. Edcel Lagman and Magdalo party-list Rep. Gary Alejano who believed her appointment was an incentive for testifying against Sereno during the latter’s impeachment complaint hearing at the House of Representatives.

De Castro later on voted for the granting of the quo warranto plea filed by Solicitor General Jose Calida that eventually resulted in the unseating of Sereno.

Sen. Richard Gordon said Carpio should be part of the next shortlist for chief justice when De Castro retires in October. Gordon expressed hopes Carpio will not decline a nomination.

Gordon added De Castro is very qualified to occupy the post vacated last May by Sereno who was removed through a quo warranto petition filed by Solicitor General Jose Calida.

Carpio has refused nomination despite being the most senior among the SC justices, saying he does not want to benefit from the quo warranto petition he voted against to.

“He (Carpio) is my classmate, I know him. He is very good, he is ready anytime, he could be tapped as Chief Justice anytime of the day,” Gordon said.

“(But due to) delicadeza, he did not apply but I believe that next time he can no longer refuse,” he added.

“She (De Castro) will do very well with her experience as a legal luminary for 45 years.

Highly bright, competent and a woman of the law,” Gordon said.

On the other hand, Carpio still has until 26 October next year to reach retirement age.

Gordon maintained that all of the three shortlisted by JBC were very qualified being the most senior justices.

“It (short tenure) does not really matter because there will be replacement right away,” Gordon said.

“She can do it. She will just have to continue working,” he added.

Sen. Gregorio Honasan said the appointment of new chief justice will bring stability to the judiciary after the highly-divisive episode of removing Sereno.

Honasan also stressed that the appointment will ensure that democratic processes prevail in the country.

“The appointment of a new SC Chief Justice whoever he or she is, in this case Justice Teresita de Castro, introduces elements of stability, continuity and predictability not only to the judiciary but also to our democracy,” Honasan said.

The oral arguments will tackle the petition of six opposition senators, who filed for certiorari and mandamus.

On the other hand, opposition senators scored the appointment of De Castro.

“Appointment of endo CJ does not help in the strengthening of the rule of law,” said Liberal Party president Sen. Francis Pangilinan.

“Why appoint someone who will only sit as Chief Justice for less than two months? What public purpose does it serve? What public value does it create? The appointment leaves much to be desired,” he asked.

Sen. Risa Hontiveros, for her part, called on the public to be vigilant while De Castro is at the helm.

“Far from being short and sweet, the term of the new Chief Justice may well be short and bitter,” she added.

The House committee on justice will start deliberations on the impeachment complaints filed against seven associate justices who voted to oust Sereno on 4 September.

House panel chairman Salvador Leachon said on radio the complaints will be included in the Order of Business of the House on Tuesday when the chamber resumes session after a week-long adjournment. The complaint will then be referred to the committee on justice on the same day.

“Under the rules, we have the three-day notice rule which starts with notifying all the respondents then production of all papers for the perusal of 55 members of the panel,” he said.