Wish list

A lot of people are now more interested in the choice of the Supreme Court Chief Justice (CJ) simply because this is the first time in our country’s history that the position became vacant not by retirement or voluntarily resignation but by removal of the incumbent through the acrimonious impeachment process. The people’s interest is centered on finding out whether the next CJ will also be perceived as fiercely loyal to PNoy as the ousted CJ was perceived to be loyal to past president Arroyo. They would like to know whether the next CJ will also be reputed as protecting PNoy’s interest as Corona was perceived to be protecting Arroyo’s interest over and above public interest. Indeed the people have already been brainwashed into believing that the real reason for Corona’s ouster is his perceived loyalty to Arroyo. So they are now wary of having a CJ whose loyalty will again be questionable because he may just be impeached again by the next administration.

At this stage, the ball is in the hands of the Judicial and Bar Council (JBC). While the President is really the appointing authority, his choice is limited to the list of at least three nominees it will prepare and submit (Section 9, Article VIII, Constitution). The entire nation is closely watching and hoping that the members of the council will not be pressured to nominate persons generally perceived to be more loyal to the appointing power even if they are brilliant, competent and equipped with leadership qualities required of a CJ as head of a main branch of government.

The JBC must see to it that their nominees are of “proven integrity, probity and independence (Article VIII Section 7 [3]) and “must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives (Article XI, Section 1).

To be sure therefore, the JBC must avoid including in their list, as much as possible, nominees now occupying positions in the Executive Department especially Cabinet members who are the President’s alter egos. Usually these people are given positions because they are close to the President or because of political connections, or as rewards for their support. Hence they are generally perceived to be, or are indeed more loyal to the President. Corona’s example can be used as a yardstick here. Before becoming CJ, he served Arroyo in various capacities particularly as Presidential legal adviser and as her Chief of Staff when she was Vice President.

By process of elimination therefore, the more ideal choices of the JBC should come from the Judiciary or the SC itself more specifically: Justices Roberto Abad, Arturo Brion, Antonio Carpio, Teresita Leonardo de Castro, Maria Lourdes Sereno and Presbitero J. Velasco, Jr; or from the private sector more specifically, Soledad Cagampang de Castro, a valedictorian from the UP college of law, La Salle University College of law Dean Jose Manuel Diokno, Women’s rights lawyer Katrina Legarda, topnotch lawyer Rafael Morales. Former UP college of law Dean Raul Pangalangan, former RTC Judge Manuel Siayangco, Jr., UE Law college of law Dean Amado Valdez, former Ateneo college of law Dean Cesar Villanueva and former Congressman Ronaldo Zamora. Of course Comelec Commissioner Rene Sarmiento may be considered because he is not a PNoy appointee to a position in the Executive Department but to an independent constitutional body. Former Ateneo Law Dean Andy Bautista is also a good potential but his being an appointee of PNoy places his independence in doubt using the yardstick set by the impeachment process.

Thus to insure that the next CJ will not be beholden to the President, the JBC should narrow down its choice between these two sets of nominees which are appropriately categorized as SC “insiders” and “outsiders”.

The choice here is actually between the newcomers (outsiders) and the old-timers (insiders). And for a number of good reasons, the better shortlist is that containing only the “insiders”. First of all, we need to have a fast and smooth transition and this cannot happen if a newcomer will be chosen because it will take time before he “learns the ropes” and build a base to become an effective and efficient CJ or head of a main government branch. Secondly it gives those already serving and carving out a career in the Judiciary an opportunity for advancement to higher positions based on their outstanding record in the judiciary. Certainly this is a plus factor for attracting good and competent men into public service. Thirdly it will insulate the Judiciary from politics which has already been proven to be detrimental to the administration of justice in this country and the main cause of double standard of justice. Political influence is always difficult to avoid in the appointment of an outsider. And fourth, it will always be good for the morale of those already serving as Justices if the next CJ will come from their ranks. It will inspire them to to work harder and to cooperate with the incoming CJ.

For a more stable and independent Judiciary therefore, which is very vital in the workings of our democratic and republican government based on the principle of separation of powers among the Executive, Legislative and Judicial Departments of government, the JBC shortlist should consist of the incumbent Associate SC Justices. And in my own wish list, they are Justices Antonio Carpio, Arturo Brion and Roberto Abad. Anyone of them will make a good CJ. Of course, following tradition which has been proven to be effective and beneficial to our justice system, the most Senior Associate Justice Antonio Carpio should be the next CJ.

Certainly, this is just a wish list. The final choice still lies with the JBC and ultimately the President. Hopefully in making their decision, they will be guided by the common good.

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