Associate Justice Marvic Leonen, the embattled dissenter of the Supreme Court, is not likely to bid for chief justice in March, even if he would be the second most senior justice when that time comes.

“I’m not cut out for chief justice at the current time,” Leonen said on Friday, January 29, during a forum of the Foreign Correspondents Association of the Philippines (FOCAP).

Chief Justice Diosdado Peralta will step down on March 27, a year ahead of his mandatory retirement for reasons still undisclosed. When he leaves, Leonen would be second among the 5 most senior justices who will be automatically nominated for the spot. 

Will Leonen accept his automatic nomination?

“No comment yet. I am honored to have been automatically nominated, but that is also a function of seniority, but of course in my mind I am looking at what I should do, and more likely, I am better at supporting a Chief Justice rather than being one,” Leonen said.

Leonen is facing an impeachment complaint at the House of Representatives, endorsed by the cousin of former senator Bongbong Marcos. Marcos, with the help of Solicitor General Jose Calida, have been trying to inhibit Leonen from the high-stakes vice presidential electoral protest.

Calida tried, but failed, to get Leonen’s Statements of Assets, Liabilities and Net Worth (SALN) from the Supreme Court, for the purpose of initiating an ouster via quo warranto.

The Bench

Senior Associate Justice Estela Perlas Bernabe would become the most senior magistrate at the High Court once Peralta retires, followed by Leonen, and Associate Justices Benjamin Caguioa, Alexander Gesmundo, and Ramon Paul Hernando.

Bernabe, Leonen, and Caguioa are Aquino appointees while Gesmundo and Hernando were appointed by President Rodrigo Duterte. 

Other Supreme Court justices as well as outsiders may apply to become chief justice, subject to the requirements of the Constitution that they must be natural-born Filipino citizens, at least 40 years old, and must have been engaged in the practice of law in the Philippines for 15 years. 

Leonen said whoever becomes the next Chief Justice should be able to bring out the best of the other 14 on the bench.

“When you become Chief Justice, what comes first will not be your opinion, what comes first should be the opinion of all the 14 others,” said Leonen, although it has been said that the Chief Justice’s influence in the bench is sourced from his or her power to preside over the en banc, and dictate its tempo.

A study in 2018 on the Philippine Supreme Court shows there’s a probability that a justice who belongs to the same network as the Chief Justice will vote similarly as the top magistrate.

The 15-member bench of the Supreme Court is currently complete, with the recent appointment of Court of Appeals Justice Jhosep Lopez.

No matter who becomes Chief Justice in March, the Supreme Court would be composed of 12 Duterte appointees and 3 Aquino appointees. Duterte has enjoyed an overwhelming winning streak in the High Court. (READ: Who voted for Duterte in the Supreme Court?)

Revolving door

The Supreme Court under Duterte has had a revolving door, with 5 of his appointees – Noel Tijam, Samuel Martires, Andres Reyes Jr, Jose Reyes Jr, Priscilla Baltazar-Padilla – retiring during his presidency, so far. Two more Duterte appointees are retiring before his term ends in 2022 – Associate Justice Rosmari Carandang in January and Associate Justice Edgardo delos Santos in June.

The quick turnaround affects the “complexion of our deliberations,” said Leonen.

Leonen said what matters more than the length of service is the diversity that they bring to the table, which is why the justice said the Supreme Court must strive to bring in a balanced mix of magistrates – from the judiciary to the academe to public interest lawyering.

Duterte’s appointees have all come from either the CA or the anti-graft court Sandiganbayan. – Rappler.com