NewsMacroSupreme Court: Justice Leonen to Serve as Acting Chief Justice

Supreme Court: Justice Leonen to Serve as Acting Chief Justice

Author: Bworldonline·

Key Takeaways

  • •Senior Associate Justice Marvic M.V.F. Leonen will serve as acting chief justice pending the appointment of a permanent chief justice.
  • •Leonen's authority to lead the court during the vacancy comes from Section 12 of Republic Act No. 296, the Judiciary Act of 1948, which vests the top post's functions in the most senior associate justice.
  • •Chief Justice Alexander G. Gesmundo will vacate the position when he reaches the mandatory retirement age of 70 in November, with the Constitution permitting 90 days to fill the vacancy.
  • •The Judicial and Bar Council has invited the five most senior associate justices, including Leonen, Alfredo Benjamin S. Caguioa, Ramon Paul L. Hernando, Henri Jean Paul B. Inting, and Rodil V. Zalameda, to apply, with submissions due Oct. 13.
  • •The upcoming appointment will be President Ferdinand R. Marcos, Jr.'s first chief justice selection and his second Supreme Court appointment, following his appointment of Associate Justice Raul B. Villanueva in 2025.
Supreme Court: Justice Leonen to Serve as Acting Chief Justice

The Supreme Court has confirmed that Senior Associate Justice Marvic M.V.F. Leonen will take on the role of acting chief justice until a permanent head of the court is appointed.

"[P]ending the appointment of a new chief justice, Senior Associate Justice Marvic M.V.F. Leonen will serve as acting chief justice," Supreme Court spokesperson Camille Sue Mae L. Ting said in a statement issued on Tuesday.

As the most senior associate justice, Mr. Leonen will exercise the duties and powers of the chief justice under Section 12 of Republic Act No. 296, also known as the Judiciary Act of 1948, Ms. Ting said. Under that law, the most senior associate justice performs the functions of the top post whenever it becomes vacant, and continues to do so until a new chief justice has been appointed and qualified. In practice, that arrangement keeps the leadership duties of the country's highest court covered without interruption between a vacancy and a successor taking over.

The vacancy will arise when Chief Justice Alexander G. Gesmundo reaches the mandatory retirement age of 70 in November. The Constitution allows 90 days to fill a vacancy on the Supreme Court.

"The President appoints the chief justice from a list of nominees prepared by the Judicial and Bar Council (JBC)," Ms. Ting said.

The JBC has already invited the five most senior associate justices to apply for the post. Alongside Mr. Leonen, the invited magistrates are Associate Justices Alfredo Benjamin S. Caguioa, Ramon Paul L. Hernando, Henri Jean Paul B. Inting and Rodil V. Zalameda. The council opened applications and nominations on Aug.29, with submissions due on Oct. 13, the next milestone to watch ahead of the November vacancy.

The forthcoming appointment will be the first chief justice selection by President Ferdinand R. Marcos, Jr. and his second appointment to the high court, following his sole appointment of Associate Justice Raul B. Villanueva in 2025.

— BusinessWorld; reporting by Mark Joseph M. Sanchez