The proximate cause of the tempests in the Supreme Court

If we sit down serenely and reflect on the ongoing intramurals within the hallowed halls of the highest court of the land, we can only arrive at a conclusion that the ultimate cause of all these conflicts among the ladies and gentlemen in judicial robes is no other than the former president, PNoy, who, like Marcos, nonchalantly and unwittingly destroyed the career and seniority system in the judiciary. He stubbornly caused the impeachment of Chief Justice Renato Corona based on errors in the statement of assets, liabilities and net worth (SALN), thereby weakening the security of tenure among the justices of the High Tribunal. Then, the unkindest cut of all, PNoy picked a very junior academician from the state university and appointed her chief magistrate, bypassing all 14 senior justices.

Although it can be argued that the president has an absolute and total free hand on whom to choose, and notwithstanding the fact that such a presidential prerogative might pass the test of legality, it could not pass the test of good taste, the test of respect for revered tradition, that is well-settled and much-respected as unwritten rules in our judicial system. PNoy had all the bitter words against Marcos on many things. But just like the man that he so hated, PNoy did exactly what Marcos had done to the merit and seniority systems in the judiciary. It can be recalled that the very erudite legal authority Claudio Teehankee was bypassed by Marcos in favor of his former UP classmates and less-qualified associate justices. But in fairness to Marcos, he never appointed such a very junior law professor as Sereno to head the highest court of the land.

By appointing a former law professor who never had any judicial experience, not even as a sheriff or a clerk of court, not even as a court interpreter or court stenographer, much less a trial judge of a municipal or city court, PNoy insulted all the senior associate justices. Implicitly, PNoy was, in effect, telling the incumbent career justices that none of them had the qualifications to be chosen as chief magistrate. He insulted justices Antonio Carpio, Presbitero Velasco, Diosdado Peralta, Lucas Bersamin, Arturo Brion (now retired) and of course, Teresita Leonard-de Castro. Thus, PNoy created the bad blood within the court. Proceedings inside the court used to be very cordial, courteous, and pleasant. Today, what happened between Justice Teresita Leonardo-de Castro and the others is indicative of the tension among the members of the court.

The PNoy faux pas was exacerbated by CJ Sereno herself when she failed to build a cordial, harmonious, and strong cohesion among the members of the High Court. It seems that the chief magistrate made a number of decisions all by herself, without consulting her brethren and sisters in robes, the Court being a collegial and consultative body. The other members of the Court had some gripes on the leadership style of the chief. Today, after the Baguio encounter where harsh arguments were raised, where hurting words were uttered against each other, there is no more friendly atmosphere among the members of the Court. But since they are all professionals, and they are men and women of honor and integrity, they can all surpass this. But before that happens, a crucial decision has to be made. And that decision will be a landmark jurisprudence in our judicial history.