Chief Justice of the Philippines

The chief justice of the Philippines (Filipino: Punong Mahistrado ng Pilipinas) presides over the Supreme Court and is the highest judicial officer of the government of the Philippines. As of April 5, 2021, the position is currently held by Alexander Gesmundo, who was appointed by President Rodrigo Duterte following the early retirement of his predecessor, Diosdado Peralta, in March 2021.

Chief Justice of the Philippines
Punong Mahistrado ng Pilipinas
Seal of the Supreme Court
Flag of the Supreme Court
Incumbent
Alexander Gesmundo
since April 5, 2021
StyleThe Honourable (formal)
Your Honour (when addressed directly in court)
Member of
AppointerPresidential appointment upon nomination by the Judicial and Bar Council
Term lengthRetirement at the age of 70
Inaugural holder
  • 1583 - Dr. Santiago de Vera y Rivas, Captain-General of the Spanish East Indies (Real Audiencia, Spanish East Indies)
  • 1901 - Cayetano Arellano (Supreme Court of the Philippines)
FormationJune 11, 1901
WebsiteOfficial Website

The chief justice, who was first named on June 11, 1901, in the person of Cayetano Arellano, is the oldest existing major governmental office continually held by a Filipino, preceding the presidency and vice presidency (1935), senators (1916, or as the Taft Commission, on September 1, 1901) and the members of the House of Representatives (1907 as the Philippine Assembly).

Duties and powers

edit

The power to appoint the chief justice lies with the president of the Philippines, who makes the selection from a list of three nominees prepared by the Judicial and Bar Council. There is no material difference in the process of selecting a chief justice from that in the selection of associate justices. As with the other justices of the Supreme Court, the chief justice is obliged to retire upon reaching the age of 70; otherwise there is no term limit for the chief justice. In the 1935 constitution, any person appointed by the president has to be confirmed by the Commission on Appointments; in the 1973 constitution, the person whom the president appointed did not have to undergo confirmation under the Commission on Appointments.

The current 1987 constitution does not ascribe any formal role to the chief justice other than as an ex-officio chairman of the Judicial and Bar Council and as the presiding officer in any impeachment trial of the president. The chief justice is also required to personally certify every decision that is rendered by the court. The chief justice carries only 1 vote out of 15 in the court, and is generally regarded, vis-a-vis the other justices, as the primus inter pares rather than as the administrative superior of the other members of the court.

Still, the influence a chief justice may bear within the court and judiciary, and on the national government cannot be underestimated. In the public eye, any particular Supreme Court is widely identified with the identity of the incumbent chief justice, hence appellations such as "The Fernando Court" or "The Puno Court". Moreover, the chief justice usually retains high public visibility, unlike the associate justices, who tend to labor in relative anonymity, with exceptions such as Associate Justice J. B. L. Reyes in the 1950s to 1970s.

By tradition, it is also the chief justice who swears into office the president of the Philippines. One notable deviation from that tradition came in 1986, and later again in 2010. Due to the exceptional political circumstances culminating in the People Power Revolution, on February 25, 1986, Corazon Aquino took her oath of office as president before Associate Justice Claudio Teehankee in San Juan just minutes before Ferdinand Marcos took his own oath of office also as president before Chief Justice Ramon Aquino. Marcos fled into exile later that night. More than two decades afterwards, Benigno Simeon Aquino III followed in his mother's footsteps (with almost similar reasons) by having Associate Justice Conchita Carpio-Morales administer his oath of office, rather than Chief Justice Renato Corona (who was eventually impeached halfway through Aquino's term). Six years later, in 2016, Rodrigo Duterte took his oath of office before Associate Justice Bienvenido Reyes, his classmate at San Beda College of Law, instead of Chief Justice Maria Lourdes Sereno (who would eventually be removed from her position through quo warranto after it was determined that she had been unlawfully holding office ab initio).

The chief justice also names the three justices each from the Supreme Court in the memberships of the House of Representatives Electoral Tribunal and the Senate Electoral Tribunal.

The chief justice is the chief executive officer of the Philippine judiciary system and together with the whole SupremeCourt, exercises administrative supervision over all courts and personnel.

List

edit
No.ImageChief justiceTenureAppointed byLaw schoolPrior office
1 Cayetano Arellano
(1847–1920)
June 15, 1901

April 12, 1920
(18 years, 302 days)
(Resigned)
William McKinleyUSTPresident of the
Supreme Court
(1899–1901)
2 Victorino Mapa
(1855–1927)
July 1, 1920

October 31, 1921
(1 year, 122 days)
(Resigned)
Woodrow WilsonSecretary of Justice
(1913–1920)
Associate Justice
of the Supreme Court

(1901–1913)
3 Manuel Araullo
(1853–1924)
November 1, 1921

July 26, 1924
(2 years, 268 days)
(Died)
Warren G. HardingAssociate Justice
of the Supreme Court

(1913–1921)
4 Ramon Avanceña
(1872–1957)
April 1, 1925

December 5, 1941
(16 years, 267 days)
(Resigned)
Calvin CoolidgeAssociate Justice
of the Supreme Court

(1917–1925)
5 Jose Abad Santos
(1886–1942)
December 24, 1941

May 1, 19421
(128 days)
(Died)
Manuel L. QuezonNorthwesternAssociate Justice
of the Supreme Court

(1932–1941)
6 Jose Yulo
(1894–1976)
January 26, 1942

July 9, 1945
(3 years, 63 days)
(Resigned)
Masaharu HommaUPSpeaker of the
National Assembly
(1939–1941)
7 Manuel Moran
(1893–1961)
July 9, 1945

March 20, 1951
(5 years, 254 days)
(Resigned)
Sergio OsmeñaEscuela de DerechoAssociate Justice
of the Supreme Court

(1938–1945)
8 Ricardo Paras
(1891–1984)
April 2, 1951

February 17, 1961
(9 years, 321 days)
(Retired)
Elpidio QuirinoUPAssociate Justice
of the Supreme Court

(1941–1951)
9 Cesar Bengzon
(1896–1992)
April 28, 1961

May 29, 1966
(5 years, 31 days)
(Retired)
Carlos P. GarciaAssociate Justice
of the Supreme Court

(1945–1961)
10 Roberto Concepcion
(1903–1987)
June 17, 1966

April 18, 1973
(6 years, 305 days)
(Retired)
Ferdinand MarcosUSTAssociate Justice
of the Supreme Court

(1954–1966)
11 Querube Makalintal
(1910–2002)
October 21, 1973

December 22, 1975
(2 years, 62 days)
(Retired)
UPAssociate Justice
of the Supreme Court

(1962–1973)
12 Fred Ruiz Castro
(1914–1979)
January 5, 1976

April 19, 1979
(3 years, 104 days)
(Died)
Associate Justice
of the Supreme Court

(1966–1976)
13 Enrique Fernando
(1915–2004)
July 2, 1979

July 24, 1985
(6 years, 22 days)
(Retired)
Associate Justice
of the Supreme Court

(1967–1979)
14 Felix Makasiar
(1915–1992)
July 25, 1985

November 19, 1985
(117 days)
(Retired)
Associate Justice
of the Supreme Court

(1970–1985)
15 Ramon Aquino
(1917–1993)
November 20, 1985

March 6, 1987
(1 year, 106 days)
(Resigned)
Associate Justice
of the Supreme Court

(1973–1985)
16 Claudio Teehankee
(1918–1989)
April 2, 1987

April 18, 1988
(1 year, 16 days)
(Retired)
Corazon AquinoAteneoAssociate Justice
of the Supreme Court

(1969–1987)
17 Pedro Yap
(1918–2003)
April 19, 1988

June 30, 1988
(72 days)
(Retired)
UPAssociate Justice
of the Supreme Court

(1986–1988)
18 Marcelo Fernan
(1927–1999)
July 1, 1988

December 6, 1991
(3 years, 158 days)
(Resigned)
Associate Justice
of the Supreme Court

(1986–1988)
19 Andres Narvasa
(1928–2013)
December 8, 1991

November 30, 1998
(6 years, 357 days)
(Retired)
USTAssociate Justice
of the Supreme Court

(1986–1991)
20 Hilario Davide Jr.
(born 1935)
November 30, 1998

December 20, 2005
(7 years, 20 days)
(Retired)
Joseph EstradaUPAssociate Justice
of the Supreme Court

(1991–1998)
21 Artemio Panganiban
(born 1937)
December 20, 2005

December 7, 2007
(1 year, 352 days)
(Retired)
Gloria Macapagal ArroyoFEUAssociate Justice
of the Supreme Court

(1995–2005)
22 Reynato Puno
(born 1940)
December 7, 2007

May 17, 2010
(2 years, 161 days)
(Retired)
UPAssociate Justice
of the Supreme Court

(1993–2007)
23 Renato Corona
(1948–2016)
May 17, 2010

May 29, 20122 3
(2 years, 12 days)
(Impeached)
AteneoAssociate Justice
of the Supreme Court

(2002–2010)
Maria Lourdes Sereno
(born 1960)
August 25, 2012

May 11, 20183 4
(5 years, 259 days)
(De facto Chief Justice,
appointment null and void ab initio)
Benigno Aquino IIIUPAssociate Justice
of the Supreme Court

(2010–2012)
24 Teresita de Castro
(born 1948)
August 28, 2018

October 10, 20183 5
(43 days)
(Retired)
Rodrigo DuterteAssociate Justice
of the Supreme Court

(2007–2018)
25 Lucas Bersamin
(born 1949)
November 26, 2018

October 18, 2019
(326 days)
(Retired)
UEAssociate Justice
of the Supreme Court

(2009–2018)
26 Diosdado Peralta
(born 1952)
October 23, 2019

March 27, 2021
(1 year, 155 days)
(Resigned)
USTAssociate Justice
of the Supreme Court

(2009–2019)
27 Alexander Gesmundo
(born 1956)
April 5, 2021

present
(3 years, 78 days)
AteneoAssociate Justice
of the Supreme Court

(2017–2021)
^1 José Abad Santos was unable to preside over the Supreme Court due to the outbreak of World War II.
^2 Renato Corona was impeached on December 12, 2011, and convicted on May 29, 2012, removing him from office.
^3 Senior Associate Justice Antonio Carpio served as acting chief justice after the Impeachment of Renato Corona from May 30, 2012 to August 25, 2012[1] and after the removal of Maria Lourdes Sereno via quo warranto proceedings from May 14, 2018 to August 25, 2018.
^4 Maria Lourdes Sereno was removed on May 11, 2018 via quo warranto by a special en banc session; the petition alleged Sereno's appointment was void ab initio due to her failure in complying with the requirements of the Judicial and Bar Council. Hence her entire term as chief justice is considered a de facto tenure;[2] legally void since the ouster of her predecessor. Sereno filed an ad cautelam motion for reconsideration pleading for the reversal of the decision on May 31, 2018, but on June 19, 2018 was denied with finality (meaning no further pleading shall be entertained, as well as for the immediate entry for judgment) for lack of merit.[3]
^5 As a result of Republic v. Sereno, Maria Lourdes Sereno is no longer considered the 24th chief justice of the Philippines, as the court ruled that her appointment was never legal but null and void ab initio. Thus, on August 25, 2018, Teresita de Castro was appointed by President Rodrigo Duterte as the new de jure and 24th chief justice of the Supreme Court of the Philippines.

[4]

Acting Chief Justices

edit

The following became Senior Associate Justices in their tenure in the Supreme Court:

Senior Associate JusticeYear AppointedTerm as AJTenure as Acting Chief Justice
Florentino Torres19011901-1920April 1, 1920April 20, 1920
Elias Finley Johnson19031903-1933April 20, 1920July 1, 1920
October 31, 1921November 1, 1921
July 26, 1924April 1, 1925
José Abad Santos19321932-1941December 24, 1941
Manuel V. Moran19381938-1945May 1, 1942May 7, 1942
Ricardo M. Paras Jr.19411941-1951March 20, 1951April 2, 1951
César F. Bengzon19451945-1961February 17, 1961April 28, 1961
Roberto R. Concepcion19541954-1966May 29, 1966June 17, 1966
Querube C. Makalintal19621962-1973April 18, 1973October 21, 1973
Fred Ruiz Castro19661966-1975December 22, 1975January 5, 1976
Enrique M. Fernando Sr.19671967-1979April 19, 1979July 2, 1979
Claudio Teehankee Sr.19681979-1986July 24, 1985July 25, 1985
November 19, 1985November 20, 1985
March 6, 1987April 1, 1987
Ameurfina Melencio-Herrera1979

1986 (reappointed)

1979-1992April 18, 1988April 19, 1988
June 30, 1988July 1, 1988
December 6, 1991December 8, 1991
Flerida Ruth P. Romero19911991-1999November 30, 1998
Reynato S. Puno19931993December 20, 2005
Leonardo A. Quisumbing19981998-2009December 7, 2005
Antonio T. Carpio20012001-2019May 17, 2010
May 28, 2012August 25, 2012
May 11, 2018August 28, 2018
October 10, 2018November 28, 2018
October 17, 2019October 23, 2019
Estela M. Perlas-Bernabe20112011-2022March 27, 2022April 5, 2022

Demographics

edit

Longevity

edit
OrderChief justice
BirthDeathAge
1
May 29, 1896
September 3, 1992
96 years, 97 days
2
February 17, 1891
October 10, 1984
93 years, 236 days
3Querube Makalintal
December 11, 1910
November 8, 2002
91 years, 333 days
4Enrique Fernando
July 25, 1915
October 3, 2004
89 years, 70 days
5Hilario DavideDecember 20, 1935Living88 years, 185 days
6Artemio PanganibanDecember 7, 1937Living86 years, 198 days
7
July 1, 1918
November 20, 2003
86 years, 142 days
8
April 13, 1872
June 12, 1957
85 years, 60 days
9Andres NarvasaNovember 30, 1928October 31, 201384 years, 335 days
10Reynato PunoMay 17, 1940Living84 years, 36 days
11Roberto ConcepcionJune 7, 1903May 3, 198783 years, 330 days
12José YuloSeptember 24, 1894October 27, 197682 years, 33 days
13Felix MakasiarAugust 31, 1917February 19, 199274 years, 172 days
14Ramon AquinoNovember 20, 1915March 31, 199377 years, 131 days
15Teresita Leonardo-de CastroOctober 8, 1948Living75 years, 258 days
16Lucas BersaminOctober 18, 1949Living74 years, 248 days
17Cayetano ArellanoMarch 2, 1847December 20, 192073 years, 293 days
18Marcelo FernánOctober 24, 1926July 11, 199972 years, 260 days
19Diosdado PeraltaMarch 27, 1952Living72 years, 87 days
20Victorino MapaFebruary 25, 1855April 12, 192772 years, 46 days
21Manuel AraulloJanuary 1, 1853July 26, 192471 years, 207 days
22Claudio Teehankee, Sr.April 18, 1918July 11, 198971 years, 84 days
23Manuel MoranOctober 27, 1893August 23, 196167 years, 300 days
24Alexander GesmundoNovember 6, 1956Living67 years, 229 days
25Renato CoronaOctober 15, 1948April 29, 201667 years, 197 days
26Fred Ruiz CastroSeptember 2, 1914April 19, 197964 years, 229 days
27José Abad SantosFebruary 19, 1886May 2, 194256 years, 72 days

By age group

edit
Age groupTotal%
Centenarians00%
Nonagenarians311%
Octogenarians829%
Septugenarians932%
Sexagenarian725%
Quincagenarian14%
Chief justices:28

By gender

edit
GenderTotal%
Male2693%
Female27%
Chief justices:28100%

By appointing president

edit
PresidentTotal%
Ferdinand Marcos (KBL/Nacionalista)621%
Corazon Aquino (UNIDO/Independent)414%
Rodrigo Duterte (PDP–Laban)414%
Gloria Macapagal Arroyo (Lakas)311%
William McKinley (Republican)14%
Woodrow Wilson (Democratic)14%
Warren G. Harding (Republican)14%
Calvin Coolidge (Republican)14%
Manuel L. Quezon (Nacionalista)14%
Sergio Osmeña (Nacionalista)14%
Japanese Military Administration14%
Elpidio Quirino (Liberal)14%
Carlos P. Garcia (Nacionalista)14%
Joseph Estrada (LAMMP)14%
Benigno Aquino III (Liberal)14%
Chief justices:28100%

By law school

edit
Law schoolTotal%
University of the Philippines College of Law1450%
University of Santo Tomas Faculty of Civil Law725%
Ateneo School of Law311%
Escuela de Derecho14%
Far Eastern University Institute of Law14%
Northwestern University School of Law14%
University of the East College of Law14%
Chief justices:28100%

Notable chief justices

edit
  • José Yulo is the only former speaker of the House of Representatives to be subsequently appointed as chief justice. Another, Querube Makalintal, would be elected as Speaker of the Interim Batasang Pambansa (parliament) after his retirement from the court. On the other hand, Marcelo Fernan would, after his resignation from the court, be elected to the Senate and later serve as president of the Senate. Other chief justices served in prominent positions in public service after their retirement include Manuel Moran (ambassador to Spain and the Vatican), and Hilario Davide, Jr. (ambassador to the United Nations). In addition, César Bengzon was elected as the first Filipino to sit as a judge on the International Court of Justice shortly after his retirement in 1966.
  • Roberto Concepcion was reputedly so disappointed with the court's ruling in Javellana v. Executive Secretary where the majority affirmed the validity of the 1973 Constitution despite recognizing the flaws in its ratification, that he retired two months prior to his reaching the mandatory retirement age of 70. Thirteen years later, after the ouster of Marcos, the 83-year-old Concepcion was appointed a member of the 1986 Constitutional Commission tasked with drafting a new constitution. Drawing from his experiences as chief justice in the early days of martial law, Concepcion introduced several new innovations designed to assure the independence of the Supreme Court, such as the Judicial and Bar Council and the express conferment on the court the power to review any acts of government.
  • The longest period one person served as chief justice was 18 years, 294 days in the case of Cayetano Arellano, who served from 1901 to 1920. Arellano was 73 years, 29 days old upon his resignation, the greatest age ever reached by an incumbent chief justice, and a record unlikely to be broken with the current mandatory retirement age of 70.
  • The shortest tenure of any chief justice was of Teresita Leonardo-de Castro, who served as chief justice for a mere 43 days upon reaching her mandatory retirement age of 70. The previous record was that of Pedro Yap, who served as chief justice for 73 days in 1988. Other chief justices who served for less than a year were Felix Makasiar (85 days), Ramon Aquino (78 days), and Artemio Panganiban (352 days). Of these chief justices, all but Aquino left office upon reaching the mandatory retirement age of 70; Aquino resigned in 1986 after the newly installed President Corazon Aquino asked for the courtesy resignations of all the members of the court.
  • The oldest person appointed as chief justice was Teresita Leonardo-de Castro, who was 69 years, 324 days old upon his appointment in 2018. Other persons appointed as chief justice in their 69th year were Pedro Yap (69 years, 292 days old); Felix Makasiar (69 years, 280 days old); Artemio Panganiban (69 years, 13 days old); and Lucas Bersamin (69 years, 41 days). The youngest person named as chief justice was Manuel Moran, who was 51 years, 256 days old upon his appointment.
  • Claudio Teehankee had to wait for nearly 18 years as associate justice before he was appointed as chief justice. He was twice bypassed by Ferdinand Marcos in favor a more junior associate justice before he was finally appointed chief justice by Corazon Aquino. Of the Filipino associate justices, Florentino Torres and J. B. L. Reyes served over 18 years in the court without becoming chief justice. In contrast, Pedro Yap had served as associate justice for only 2 years, 10 days before he was promoted as chief justice.
  • The longest-lived chief justice was César Bengzon, who died in 1992 aged 96 years, 97 days old. Two other chief justices lived past 90: Ricardo Paras (93 years, 235 days) and Querube Makalintal (91 years, 322 days).
  • The youngest chief justice to die was José Abad Santos, who was executed by the Japanese army in 1942 at age 56 years, 77 days. The youngest chief justice to die from non-violent causes was Fred Ruiz Castro, who died in 1979 of a heart attack inflight to India, at age 64 years, 231 days. Abad Santos, Castro, and Manuel Araullo are the only chief justices to die while in office.
  • The first chief justice to be impeached is Renato Corona. On December 12, 2011, 188 of the 285 members of House of Representatives voted to transmit to the Senate the Articles of Impeachment filed against him. On May 29, 2012, the Senate, voting 20–3, convicted Corona under Article II pertaining to his failure to disclose to the public his statement of assets, liabilities, and net worth.[5]
  • Maria Lourdes Sereno was the first female appointed to serve as chief justice, following the impeachment of Renato Corona and deliberations by the Judicial and Bar Council in 2012 (her successor Teresita Leonardo-de Castro is the de jure first female chief justice). If not for the quo warranto petition which was granted on May 11, 2018, that removed her from the post as well as voiding her appointment and declaring her tenure as a de facto term,[2] she would have been the second chief justice to similarly undergo impeachment proceedings as her late predecessor, Corona. Her ouster was made final on June 19, 2018, by the denial with finality (meaning no further pleading would be entertained, as well as for the immediate entry for judgment) of her ad cautelam motion for reconsideration filed on May 31, 2018, pleading for the reversal of her ouster via quo warranto.[3]

Timeline

edit
edit

See also

edit

References

edit
  1. ^ "Carpio is acting chief justice under SC order". Philippine Daily Inquirer. May 30, 2012. Retrieved May 30, 2012.
  2. ^ a b "G.R. No. 237428. May 11, 2018" (PDF). Supreme Court of the Philippines. May 11, 2018. Archived from the original (PDF) on June 20, 2018. Retrieved May 11, 2018.
  3. ^ a b "G.R. No. 237428. June 19, 2018" (PDF). Supreme Court of the Philippines. June 19, 2018. Archived from the original (PDF) on June 20, 2018. Retrieved June 20, 2018.
  4. ^ Updated daily according to UTC.
  5. ^ "Senate votes 20-3 to convict Corona". Inquirer.net. May 29, 2012. Retrieved May 30, 2012.

Further reading

edit