‘Hail to the ‘accidental’ Chief Justice’

It was my first time to meet in person the incumbent head of the country’s highest judicial body, Chief Justice Lucas Purugganan Bersamin. Not knowing much about him, it was a pleasant surprise when he spoke about his plans and dreams for the Supreme Court (SC) and the entire Philippine judiciary in the remaining days of his tenure as Chief Justice ending on October 18 this year.

President Rodrigo Duterte appointed Bersamin on November 26, 2018 and became the 25th Chief Justice of the High Court. Sadly though, the Chief Justice cited, he has only brief time of what remains of his tenure before he steps down from office.

This will be on his 70th birthday when he reaches the mandatory age of retirement for justices and members of the judiciary. Upon his assumption into the top SC post, he bared his four-point agenda which consists of the updating of the Rules of Court, purging the Bench of misfits and scalawags, initiation of Bar reforms, and the adoption of legal clinics to enhance access to justice.

Championing the improvement of the quality of legal education, Bersamin created an organizing committee for the 2019 Legal Education Summit. He designated SC associate justice Alexander G. Gesmundo as chairperson of the organizing committee of the Legal Education Summit scheduled to be held on July 31 and August 31.

As of last Friday, when he spoke before a reception held in his honor, Bersamin counted he has already served 211 out of the 325 days of his full term from the day of his appointment as Chief Justice.

“And I have 113 days remaining but I think I can still do a lot more and serve,” the Chief Justice told the gathering dubbed as “Hail to the Chief.” It was a testimonial dinner held in his honor at the Manila Hilton in Newport City Pasay last Friday night. Hosted by his former law student at the University of the East (UE), attorney Ferdinand Topacio, other leading UE alumni attended the affair that included former Manila Mayor Alfredo Lim and Philippine basketball legend, ex-Sen. Robert “Bobby” Jaworski. Another UE graduate, former Vice President Noli de Castro, sent his personal greetings through a videotaped message.

Bersamin graduated from the UE College of Law in 1973. He placed 9th in the 1973 Bar Examinations with an average of 86.3%. He earned his undergraduate degree from the University of the Philippines (UP).

Speaking extemporaneously, Bersamin recounted having attended another reunion with fellow UP alumni. He narrated being asked why he did not thrust out his fist that traditionally goes with the singing of the UP hymn. “I told them I could not because in UE we don’t do that,” Bersamin quoted his retort. This sent his audience, composed mostly of UE “Warriors,” roaring in laughter.  

Prior to his present post, Bersamin was a professor not only at the UE College of Law but also at the Ateneo Law School and the University of Santo Tomas Faculty of Civil Law as well. He was special lecturer at the College of Law, University of Cebu in 2006. As Chief Justice, he continues to lecture for the Philippine Judicial Academy.

Bersamin was in private practice from 1974 until 1986, when he was appointed a trial court judge in Quezon City by the late president Corazon Aquino. He was promoted to the Court of Appeals in 2003 by then president Gloria Macapagal-Arroyo. Subsequently, Mrs. Arroyo appointed Bersamin as associate justice of the SC on April 2, 2009. 

Bersamin noted he has been at the SC for almost ten years now. Through this period, he believes that it has equipped him so much knowledge about how the entire judiciary operates in our country.

“So I hit the ground running. With such short time left, there is no room to waste time,” the Chief Justice vowed.

Bersamin was one of the 15-man associate justices of the SC majority who voted in favor of the quo warranto petition against former Chief Justice Maria Lourdes Sereno, which led to the appointment of Teresita de Castro as new Chief Justice. Bersamin later took over as Chief Justice after De Castro retired.

“I’m glad they supported me. There is no more squabbling at the Supreme Court,” Bersamin quipped. “I have a good empathy with them. EQ (emotional quotient) is better than IQ (intelligence quotient),” he added. He feels proud the High Court’s popularity and approval rating have much improved lately in the opinion surveys. “It’s the achievement of the entire Court,” he said.

Bersamin considers himself as “accidental Chief Justice” when President Duterte picked him out from among the five most senior associate justices. All five, including the most senior of them, associate justice Antonio Carpio, became automatically nominated following Sereno’s unceremonious ouster in the hands of her own SC colleagues. Carpio is retiring this October 26.

Bersamin cited Carpio has the longest stay at the SC for 19 years and therefore is the most deserving to become Chief Justice. But Carpio begged off from the nomination, citing personal reasons, among other things, that he did not want to benefit from the ouster of Sereno with whom he had spats that came out to public knowledge. To honor Carpio, Bersamin disclosed, he asked him to administer his oath of office as new Chief Justice.

Becoming a Chief Justice is the dream of any lawyer to cap one’s career in the legal practice in the judiciary. “(But) I never aspired to become Chief Justice. I do not even know him (President Duterte),” Bersamin swore.

 The Chief Justice comes from a political clan in Abra. He is brother of former governor Eustaquio Bersamin and slain former Congressman Luis Bersamin Jr. His family comes from Bangued.

Bersamin already bade farewell last April to his colleagues, officials, and employees of the SC when they convened their regular summer session last April in Baguio City. It was his first Summer Session as Chief Justice and his last as a member of the High Court.

He admitted though it is “not easy” facing the certainty of one’s retirement. “But I am comforted by the fact that I did my best as a Warrior,” Bersamin declared to his fellow UE alumni. To which a loud hail to the “accidental” Chief Justice toast was given to his valedictory remarks.