The Supreme Court under the Duterte administration

Among the three branches of the Philippine government, the judicial department is the least political. It is vested in one Supreme Court and in all lower courts as provided by law. It is Congress that makes the law, it is the executive department enforces the law, and it is the courts that interprets the law and resolves conflicts within the framework of the law.

The dream of every lawyer is to reach the apex of his legal career by an appointment to the Supreme Court. Cebu's first member to the highest of the land was a learned lawyer, Justice Manuel C. Briones, whose son, Jose, was elected later as governor of our premier province. So far, we have been honored to have three high-caliber lawyers to have been appointed as chief justice. First was Pedro Yap, appointed by President Corazon Aquino on April 1, 1988. He stayed only in that office for 72 days, or until June 30, 1988 upon his compulsory retirement at age 70. He was a Bar topnotcher and was earlier elected as a delegate to the 1973 Constitutional Convention.

The second was Marcelo B. Fernan, also a delegate to the 1973 Constitutional Convention, and a long-time dean of Colegio de san Jose Recoletos' College of Law. Fernan was appointed by President Corazon Aquino on July 1, 1988, to replace Yap, and he stayed until December 6, 1991 when he decided to run for vice president in 1992 under the ticket of the late senator Ramon Mitra who ran for president. Mitra, like Miriam Defensor Santiago, was beaten by Fidel V. Ramos. Erap Estrada won over Fernan. The third chief justice was Hilario G. Davide, from Colawin, Argao, who was appointed by President Erap Estrada in 1998 and retired on December 20, 2005, after a very productive stint of seven years and 20 days. Today's Supreme Court has three appointed by President Noynoy Aquino and the rest by President Rodrigo Duterte.

The chief justice is Diosdado Peralta from Ilocos Norte. The most senior associate is Estela P. Bernabe from Bulacan. The following, in their order of appointments, are the associates justices Marvic Leonen, from Baguio, and the chairman of the next bar exams; Alfredo Benjamin Cauioa, from Manila; Alexander Gesmundo, from Laguna; Jose C. Reyes (who is retiring this year), from Tacloban, Leyte; Ramon Paul Hernando, from Tuguegarao, Cagayan; Rosmari Carandang, from Batangas; Amy Lazaro, from Manila; Henry Jean Paul Inting, from Davao del Sur; Rodil Zalameda, from Caloocan; Mario Lopez, from La Union; Edgardo delos Santos, from Palompon, Leyte; Samuel Gaerlan, from La Union, and Prescilla Padilla, from Manila.

There is no Cebuano, while there is one from Mindanao, two from Leyte, two from La Union, and all the rest from Luzon. There is no Muslim Justice. But they are chosen not based on regions of origin but on their competence, character, and proven probity and integrity. They are going to decide the constitutionality of the Anti-Terror Law. This is their most challenging baptism of fire.

Show comments