Justice who penned Imelda acquittal may be next CJ?

MANILA, Philippines — As rumors swirled about President Marcos’ choice for the next chief justice, Malacañang urged the public to just wait for the announcement, noting that all the candidates are qualified.

The statement was issued amid speculative reports that the President would pick Supreme Court (SC) Associate Justice Rodil Zalameda, who penned the decision that reversed the conviction on seven counts of graft of Marcos’ mother Imelda.

“Regarding the President’s choice of the next chief justice of the Supreme Court, we do not want to preempt the President’s decision. We can expect that whoever is chosen, while all of them are highly competent, will naturally be someone who stands out,” Palace press officer Claire Castro said when asked if Marcos would pick Zalameda.

Castro also denied reports that she would be appointed associate justice.

“Associate Justice of the Supreme Court? Auntie Claire? I didn’t apply. So there is no truth to that,” she said.

The Judicial and Bar Council has concluded its interviews of candidates for the next chief justice and is expected to submit a short list of nominees to Marcos.

SC Associate Justices Zalameda, Japar Dimaampao and Jose Midas Marquez were interviewed by the JBC on the second and final day of the interviews.

Transitional justice lawyer Ruben Carranza expressed concern about the selection of Zalameda, saying it could further undermine public confidence in the justice system following the SC’s acquittal of Imelda Marcos.
Carranza, a former commissioner of the Presidential Commission on Good Government (PCGG), also criticized the President’s statements on the Marcos family’s alleged ill-gotten wealth.

Carranza said the President’s claims raised concerns about his credibility as he prepares to appoint the country’s next top magistrate.
“Marcos Jr.’s lying is in character,” Carranza told “Storycon” on One News, referring to the President’s statements about cases involving his family’s wealth.
Carranza questioned the SC’s decision reversing Imelda Marcos’ 2018 graft conviction, saying it contradicted a 2003 ruling that ordered the forfeiture of $680 million in Swiss bank deposits linked to the Marcoses.

Zalameda is pushing for respect for the principle of separation of powers by each branch of government, saying the high tribunal should not exercise powers that belong to the political branches.

Senior Associate Justice Marvic Leonen and Associate Justice Benjamin Caguiao were interviewed on Oct. 22.

The post will be vacated by Chief Justice Alexander Gesmundo who will compulsory retire on Nov. 6 at the age of 70.

During his interview, Zalameda said the next chief justice should lead through service and accountability and ensure that the judiciary remains responsive to the needs of the public and its personnel.

He said effective leadership is about serving others and enabling them to perform their duties effectively.

“The role is to create an environment where problems are heard, solutions are developed, good ideas are supported and people are given the tools to fulfill their responsibilities. Leadership is ultimately about service, accountability and enabling others to succeed,” he said.

He also said the judiciary should strengthen its anti-corruption initiatives, address allegations of misconduct, and protect those who report wrongdoing.

The next chief justice, however, must not hesitate to act when a constitutional question properly comes before the high court.

He said public officials involved in the hike in unprogrammed funds in the 2024 and 2025 national budgets, which the high court has since declared as unconstitutional, should be presumed to have acted in good faith unless proven otherwise.

He added that unprogrammed funds remain constitutional and that official acts are presumed valid unless declared otherwise by a competent court.
“When you say it is constitutional, I don’t think the public officers may be held liable for such act, which is declared constitutional,” he said.
“Aside from that, there is presumption of regularity on the part of these public officials and all their acts are considered valid until such acts are declared invalid,” Zalameda added.

He clarified that the SC did not rule on the possible liability of public officials who authored and implemented these budgets because the issue was not among those raised before it.   
He also pointed out that the SC has the authority to review acts of Congress and the executive branch but should not interfere with every government decision simply because another course of action might be preferable.

“Each branch of government is bound by its own constitutional mandate. Respect for these boundaries is one of the foundations of a constitutional government,” Zalameda said. 
In a recent ruling, the high tribunal declared as unconstitutional Congress’ P449.5-billion increase in unprogrammed appropriations under the 2024 General Appropriations Act (GAA) and the P17.99-billion increase in the Special Road Fund under the 2025 GAA.    
It also struck down certain provisions governing the release of unprogrammed appropriations under the 2026 GAA.    
However, the SC upheld the constitutionality of unprogrammed appropriations as a budgetary mechanism, subject to constitutional safeguards.   
Zalameda was appointed to his post at the SC by former president Rodrigo Duterte in August 2019. 
He penned the 50-page SC ruling that overturned the conviction by the Sandiganbayan of former first lady Imelda Marcos on seven counts of graft involving her alleged financial interests in private foundations in Switzerland.

For his part, Marquez committed to institutionalize the SC’s digital transformation blueprint if he gets appointed as chief justice.

He would also push to further strengthen the Court’s communications and public relations to keep the public informed about what is happening inside the courthouses and foster a legal system that is fair, transparent and accountable to the public.

During the interviews, JBC member Sen. Francis Pangilinan asked the candidates whether the judiciary failed in the fight against corruption, citing controversies involving the Priority Development Assistance Fund (PDAF) and flood control projects scams.

Zalameda said corruption, while not the sole responsibility of the judiciary, is a concern that must be addressed by all branches of the government.

If appointed as chief justice, he said he will form a group that would monitor the stages of the cases involving these graft and corruption cases.

“This monitoring group will have to report to me from arraignment to judgment,” he said.
Dimaampao, meanwhile, vowed to strengthen accountability in the judiciary and to remind judges of their constitutional duties.

“I will be guided by fiat justitia ruat caelum, let justice be done though the heavens fall,” he said.
Marquez said continued digital monitoring of cases through the judiciary’s electronic court system could help address delays in the resolution of cases.
Asked what the public could expect from him if he becomes the first Muslim chief justice in the country, Dimaampao said he will be remembered as someone who “upheld the supremacy of the Constitution, defended and protected the independence of the judiciary and ensured that justice was served without fear or favor.”

Not ill-gotten?

During a luncheon meeting with members of the Foreign Correspondents Association of the Philippines last Aug. 14, Marcos defended his family’s assets, claiming they are “not ill-gotten.”
Carranza said the 2003 ruling had established that the deposits were ill-gotten wealth, while the more recent decision found that Imelda Marcos’ actions did not constitute the offense for which she had been convicted.
“Imagine that, a President who lies about cases that were decided against him will now be the one appointing a chief justice who might be the same person who ruled on the innocence of Imelda Marcos,” Carranza said.
He urged Ombudsman Jesus Crispin Remulla to consider seeking a review of the ruling by the SC en banc, or the full court, if legally permissible.– Mark Ernest Villeza