Wanted: A super chief justice

The rules have changed. The landmark decision by the Supreme Court, albeit split, has altered the course of judicial history.

The impeachment of the late chief justice Renato Corona and the removal by Quo Warranto of Chief Justice Maria Lourdes Sereno have leveled up the requirements for chief justice. We search for a man or woman of the law who embodies the brilliance of the late chief justices Cayetano Arellano and Jose Abad Santos, the erudition of the late Manuel Moran and Ricardo Paras, the mastery of law of the late Claudio Teehankee, the independence of judgment of the late Roberto Concepcion, the leadership of the late Andres Narvasa, the political acumen of the late Marcelo Fernan, and the human touch and humility of former chief justice Hilario Davide Jr. He or she must also have complete SALNs.

It is not easy to find such a candidate. There are many from the academe but they largely bookish and impractical and lack courtroom experience. There are also a number of regional trial judges who have the makings of outstanding jurists but the current incumbent associate justices would not welcome a trial judge rising suddenly as “el primus inter pares,” the first among equals. There are many members of the appellate court who are qualified but they have to start as associate justice. Meaning the next chief justice should be from among the incumbent members of the court.

I hear the leading probable appointee is my neighbor and former fellow UST Law professor Justice Diosdado Peralta. He was one of those who voted to oust Sereno and among the six justices asked to inhibit by Sereno due to his adverse testimony before the House of Representative in connection with the impeachment charges filed against her. I think Peralta has no problem with SALNs.

Another rumored probable replacement is my other neighbor and churchmate, Associate Justice Lucas Bersamin, a former Bar topnotcher and distinguished honor graduate from the UE College of Law where I have taught since 1986. His daughter, Las Piñas judge Pia Bersamin Embuscado and her husband Makati judge Niño Embuscado are my former students in UST. Bersamin, like Peralta, is an excellent lecturer in Criminal Law and Remedial Law. He has been a long-time RTC judge and is the ponente of many excellently-written decisions in labor law, my field of specialization.

I hope and pray that either of them shall be the next chief justice. Either will be accepted by his peers and will never be impeached or removed by Quo Warranto or whatnot. At least I can say my neighbor is a chief justice.