MANILA, Philippines — With the seniority rule restored in the appointment of the chief justice, Supreme Court Senior Associate Justice Antonio Carpio is now willing to vie for the top judicial post next month when the current chief magistrate ends her barely two-month stint.

An insider bared to The STAR that the most senior magistrate by appointment to the Supreme Court (SC) will accept his automatic nomination for chief justice, which will open again after the mandatory retirement of newly appointed Chief Justice Teresita Leonardo-de Castro.

Carpio declined his nomination for the chief justice post last June out of propriety, saying he did not want to benefit from the ouster of chief justice Ma. Lourdes Sereno through a mere quo warranto petition, which he had opposed on constitutional grounds.

President Duterte said his appointment of De Castro was based on seniority and meritocracy, and that Carpio was not considered since “he stated publicly that he’s not going to accept.”

But this time, the unimpeachable source said Carpio could now accept his automatic nomination “because there is no longer a delicadeza issue or legal reason to decline.”

Carpio, who was bypassed for the chief justice post twice in 2010 and in 2012, is retiring from the judiciary in October next year. If appointed chief justice, he will serve for one year in the top judicial post.

He is the most senior of the justices of the SC.

Following Duterte’s statement about De Castro being selected as the chief justice on the basis of seniority, Senate minority leader Franklin Drilon said Carpio would stand a good chance of becoming her successor.

“Contrary to news reports that the President has shut the door for a possible Carpio-led (SC) once the newly appointed Chief Justice retires in October, I read the President’s statement to mean that he respects Carpio’s refusal to be nominated as chief justice for the vacancy created by the removal of (Sereno),” Drilon said.

“Unless I am wrong, the President did not close the door to future nominations of Carpio as the next chief justice. In fact, the President’s statement that seniority is his major and principal consideration in appointing individuals to the government boosts Carpio’s chance of becoming the next chief justice,” he added.

This time around, Drilon said Carpio can no longer decline the nomination because “the vacancy that will be created next is by reason of de Castro’s retirement – not the removal of Sereno.”

“Hence, I urge the most senior associate justice of the SC, Carpio, to reconsider his stand and heed the call for him to apply as a successor of De Castro. I urge him to apply as the next chief justice,” Drilon said.

Sources in the administration have revealed to The STAR that President Duterte plans to give SC justices the chance to be promoted to the top judicial post before their retirement.

Upon retirement, chief justices receive retirement pay in lump sum equivalent to their existing salary multiplied by the number of years of service in government.

After five years, they will get monthly pension equivalent to the monthly salary of the incumbent chief justice.

The SC also provides retired chief justices with two or three staff, including a security escort. Retired associate justices do not enjoy such privilege.

In the case of De Castro, her current salary grade of 32 is equivalent to 246,618 per month under the third tranche of salary increase for government personnel. Upon retirement, her salary will be multiplied by 45 years.

SC justices are receiving higher salaries this year due to the implementation of the 1st to 3rd tranche of the salary increase as provided for by Executive Order No. 201 signed in February 2016 by former president Benigno Aquino III.

Under EO 201, government personnel are entitled to compensation at par with private practitioners by at least “70 percent of the median of the market.” The EO was the government’s way of keeping workers from moving to the private sector.

Of the P34.7-billion budget for the judiciary in 2018, P18.8 billion is allocated to Personal Services (PS) or for “salaries, wages and other compensation/benefits.”

Bulk of the budget will also go to the “additional provision for pension of judges and justices” and “retirement gratuity benefits of compulsory retirees.” – With Marvin Sy