The Judicial and Bar Council (JBC) has invited the five senior associate justices of the Supreme Court (SC) to apply for the Chief Justice post that would be vacated on November 6 with the compulsory retirement of Chief Justice Alexander G. Gesmundo.

In a message to journalists, SC Spokesperson Atty. Camille Sue Mae L. Ting said that those invited by the JBC were Senior Associate Justice Marvic M.V.F. Leonen and Associate Justices Alfredo Benjamin S. Caguioa, Ramon Paul L. Hernando, Henri Jean Paul B. Inting, and Rodil V. Zalameda.

It was presumed that since Associate Justice Amy C. Lazaro-Javier – who is currently the fourth senior associate justice -- is compulsory retiring at age 70 on November 16, she was no longer invited to apply and her place was given to Associate Justice Zalameda.

The five associate justices may apply or may be nominated. However, they have the option to decline the nomination.

Ting said that “since the early 2000s, the JBC has followed the practice of inviting the five most senior associate justices to apply for the Chief Justice post as a matter of courtesy and in recognition of their seniority.”

“What has begun as an informal practice has since become a standing JBC policy,” he also said.

The deadline for the submission of the application or nomination for the Chief Justice post will be at 4:30 p.m. on October 13.

Applicants or those who will submit nominations must visit the JBC website – www.jbc.judiciary.gov.ph – for the complete details and guidelines.

Under Section 7, Article VII of the Constitution, a member of the SC – including the Chief Justice – must be a natural-born citizen, at least 40 years of age, and has served as a lower court judge or practiced law in the Philippines for 15 years or more. He or she must be a person of proven competence, integrity, probity, and independence.

The JBC -- the constitutional office that accepts, screens, and nominates appointments to the judiciary, the Office of the Ombudsman and its deputies, and members of the Legal Education Board – is mandated to submit at least three nominees to President Marcos for appointment.

Whoever is appointed by the President would be his second appointment to the SC. His first appointee is Associate Justice Raul B. Villanueva.

If the President has not appointed Gesmundo’s replacement after the submission of the JBC’s nominees, Senior Associate Justice Leonen will be acting Chief Justice starting November 6.