How 5 SC magistrates vying for Chief Justice voted on high-profile cases

ABS-CBN News

Posted at Nov 28 2018 01:26 AM

MANILA - President Rodrigo Duterte on Tuesday said he has chosen a new Chief Justice from a pool of five magistrates of the Supreme Court.

Gunning for the top judicial post are Acting Chief Justice Antonio Carpio, Associate Justices Diosdado Peralta, Lucas Bersamin, Estela Perlas-Bernabe, and Andres Reyes Jr.

Here's how they voted on high-profile cases under the Duterte administration:

K to 12 Program

Earlier this month, the Supreme Court unanimously declared government's K to 12 basic education program as constitutional, 5 years since it was signed into law.

Ouster of Maria Lourdes Sereno

In May, the Supreme Court granted the quo warranto petition of Solicitor General Jose Calida nullifying the appointment of former Chief Justice Maria Lourdes Sereno.

In favor of Sereno ouster:
• Associate Justice Diosdado M. Peralta
• Associate Justice Andres Reyes Jr. 
• Associate Justice Lucas P. Bersamin

Not in favor of Sereno ouster:
• Senior Associate Justice Antonio Carpio
• Associate Justice Estela M. Perlas-Bernabe 

Mindanao martial law extension

Voting 10-5, the Supreme Court had upheld the year-long extension of martial law in Mindanao.

In favor of martial law extension in Mindanao:
• Associate Justice Diosdado M. Peralta
• Associate Justice Lucas P. Bersamin
• Associate Justice Estela M. Perlas-Bernabe 
• Associate Justice Andres Reyes Jr. 

Not in favor martial law extension in Mindanao:
• Senior Associate Justice Antonio Carpio

De Lima's arrest over drug charges

In October 2017, the Supreme Court junked detained Sen. Leila de Lima's plea for her release and the dismissal of drug-related charges against her.

In favor of junking De Lima's petition:
• Associate Justice Diosdado M. Peralta
• Associate Justice Lucas P. Bersamin
• Associate Justice Andres Reyes Jr. 

Not in favor of junking De Lima's petition:
• Senior Associate Justice Antonio Carpio
• Associate Justice Estela M. Perlas-Bernabe 

Last June, the Supreme Court denied "with finality" De Lima's motion for reconsideration and said it would no longer entertain future pleadings or motions.

Declaration of martial law in Mindanao

Voting 11-3-1, the Supreme Court affirmed President Rodrigo Duterte's Proclamation No. 216 declaring martial law and suspending the privilege of the writ of habeas corpus in Mindanao following the attack of Islamic State-inspired terrorists.

Three petitions were filed questioning the factual bases for the declaration.

In favor of junking the petitions:
• Associate Justice Diosdado M. Peralta
• Associate Justice Lucas P. Bersamin
• Associate Justice Estela M. Perlas-Bernabe 

Partially granted the petitions:
• Senior Associate Justice Antonio Carpio

Reyes was not yet appointed to the high court when it made its decision. He was appointed by Duterte on July 13, 2017

Burial of Ferdinand Marcos in the Libingan ng mga Bayani

Voting 9-5-1, the Supreme Court junked seven consolidated petitions that sought to block the Duterte administration's move to allow the burial of late dictator Ferdinand Marcos Sr. at the heroes' cemetery in 2016.

In favor of Marcos burial in the Libingan ng mga Bayani:
• Associate Justice Diosdado M. Peralta
• Associate Justice Lucas P. Bersamin
• Associate Justice Estela M. Perlas-Bernabe 

Not in favor of Marcos burial in the Libingan ng mga Bayani:
• Senior Associate Justice Antonio Carpio