FAST FACTS: Selection, duties, powers of a chief justice

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Diosdado Peralta has been appointed chief justice. What responsibilities and powers does the job wield?

OATH OF OFFICE. President Rodrigo Duterte administers the oath to newly appointed Supreme Court Chief Justice Diosdado Peralta during a ceremony at the Malacañang Palace on October 24, 2019. Photo by Alfred Frias/Presidential photo

The president now appoints the chief justice, along with the rest of the Supreme Court justices, who don't need the nod of the bicameral Commission on Appointments. Before Ferdinand Marcos declared Martial Law in 1972, Congress had veto powers over the presidential appointment of chief justice. Prior to 1986, the JBC did not exist. The JBC’s selection process is intended to limit the appointing power of the president. According to the Supreme Court, this"de-politicizes" the courts, ensures the choice of competent judges, and fills vacancies without undue delay.

While it is not specified in any document, the chief justice traditionally administers the oath of the Philippine president. However, the Aquino mother and son took their oaths under associate justices. Duterte also took his oathThe Constitution does not specify the chief justice as being in the line of succession of the president in case of incapacity – unlike the vice president, Senate president, and House speaker.

"The difference only is that the courts have no real power except through their decisions. That’s where the courts have influence. Other than that, the courts don’t really have power to do much," he said. Te, however, does not believe there is such a pattern."Any perceived influence a chief justice has comes from relationships he has with the others, but this also holds for the other justices," he said.The judiciary enjoys fiscal autonomy.

 

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