The applications for Chief Justice have been extended for another two weeks, giving more time for interested aspirants, but Justice Secretary Menardo Guevarra isn’t among them.

Guevarra, a regular member of the Judicial and Bar Council (JBC), confirmed on Monday, February 15, that “the JBC has extended the application period for Supreme Court Chief Justice until February 26, 2021.”

Asked if he would apply, Guevarra indicated he wouldn’t, saying, “With all sincerity, I believe that there are many judges and justices who are more qualified and deserving than I am to be considered for the illustrious position of Chief Justice.”

The deadline was supposed to be Monday, February 15, and the JBC didn’t reach a decision on the extension until close to end of office hours. Chief Justice Diosdado Peralta will retire on March 27, a year earlier than his mandatory retirement, creating a vacancy.

“Online and physical submission of the documentary requirements should also be completed before the aforementioned new deadline,” said Guevarra.

Accepted nominations

An informed source told Rappler that the 5 most senior justices of the Supreme Court have accepted their nominations. The top 5 most senior are always automatically nominated, subject to their confirmation.

They are: Senior Associate Justice Estela Perlas Bernabe, Associate Justices Marvic Leonen, Benjamin Caguioa, Alexander Gesmundo, and Ramon Paul Hernando.

Bernabe, Leonen, and Caguioa are the remaining Aquino appointees, while Gesmundo and Hernando are appointees of President Rodrigo Duterte. (READ: By 2022, Supreme Court filled with Duterte appointees)

It’s not clear who else have applied, so far, but Guevarra said, “I have been informed that as of today, only two senior associate justices of the SC have submitted the documentary requirements.”

Bernabe will retire on May 15, 2022, meaning, if she is appointed chief justice, Duterte will get to appoint a new chief justice before he steps down from the presidency. There is no midnight appointment ban in the judiciary.

Leonen retires on December 29, 2032; Caguioa, on September 26, 2029; Gesmundo, on November 6, 2026; and Hernando, on August 27, 2036. (READ: Who voted for Duterte in the Supreme Court?)

Guevarra: I am happy being justice secretary

“I am happy serving the people as the Secretary of Justice, and I aspire for nothing more,” Guevarra said on Monday.

Guevarra said he would like to give way to career jurists for the post of chief justice.

“Many of them have spent their entire professional career in the judiciary, and it is only fair that they be given the privilege of being considered preferentially,” he said.

Guevarra said he would like to “squelch speculations” that he is in the running for the post.

Guevarra had turned down previous nominations for several vacancies for associate justice, saying each time that he “loves the Department of Justice.”

During the lockdown period in 2020, which he described as a “huge and unprecedented crisis,” Guevarra turned down another nomination and said “it is especially during these troubled times that law and order must be preserved and maintained.”

“This opportunity has come at a time when my services as Secretary of the Department of Justice are most needed,” said Guevarra then.

If the next chief justice comes from the current roster of the justices, it will open up another vacancy in the Supreme Court by March 2021 the earliest. Currently, the bench is complete.

If that happens, it will open up another window for Guevarra to apply as associate justice, and it might be his last chance, given the JBC’s newly-promulgated rules. The rules say nominees have to serve at least two-and-a-half years, or be at the most 67 years and 6 months old at the time of appointment.

After this potential vacancy, the next opening would be in January 2022, when Associate Justice Rosmari Carandang retires. By then, Guevarra would be 67 years and 8 months old, already beyond the JBC’s age limit. – Rappler.com