The president and the current Supreme Court

The appointment by the president of the 15 Associate Justices and one chief justice of the Supreme Court is a constitutional prerogative that can make or unmake the quality of our nation's administration of justice. President Duterte has the privilege to appoint 12 out of the 15 Supreme Court justices. He has also signed the appointment of three Chief Justices, namely Teresita Leonardo-de Castro, Lucas Bersamin, and Diosdado Peralta.

By March 27 2021, he needs to name a fourth chief justice to replace Peralta who opted to retire one year before his compulsory retirement. And by May 14, 2022, he needs to appoint the replacement of Justice Estela Perlas-Bernabe, if she is going to be named to replace Peralta as per seniority. Duterte has the freedom to ignore tradition like what President Ferdinand Marcos did by bypassing the great dissenter, Justice Claudio Teehankee many times. Of course, President Cory rewarded Teehankee by having him take her oath as revolutionary head of government and head of state under the Freedom Constitution, and by naming Teehankee as the first chief justice under the 1987 Constitution. PNoy disregarded tradition when he appointed Ma Lourdes Sereno as chief justice, bypassing more seniors ones like justices de Castro, Bersamin, and Peralta. But a Bedan lawyer, President Duterte, reinstated respect for seniority.

There is no truth that President Duterte is packing the courts with Bedan and Davaoeño lawyers, just like when Marcos packed it with Ilocanos and Warays. In the current Supreme Court, only a few are from San Beda and Davao. President Duterte honors the merit system and gives much respect for credentials and careerism. Of the 15 justices today, the top three in seniority are all appointees of PNoy, namely Bernabe, Leonen, and Caguioa. GMA appointed Peralta but it was Duterte who named him chief justice. President Duterte’s appointees are justices Alexander Gesmundo, Ramon Paul Hernando, Rosmari Carandang, Amy Javier, Henry Jean Paul Inting, Rodil Zalameda, Mario Lopez, Edgardo de los Santos, Samuel Gaerlan, Prescilla Padilla, Ricardo Rosario, and Jhosep Lopez, Padilla retired on November 3, 2020.

President Duterte's appointees to the highest court who already retired are Samuel Martires, Noel Tijam, Andres Reyes Jr., Teresita de Castro, and Lucas Bersamin. Justice Romari Carandang will retire on January 9, 2022. Justice Perlas Bernabe will retire on May 14, 2022. Justice Ed delos Santos will retire on June 12, 2022. The replacements of justices Carandang, Bernabe, and De los Santos will be named by President Duterte before he leaves Malacañang on June 30, 2022. By that time only Leonen and Caguioa will not be the president's appointees. This is very rare in the history of presidents.

In his six-year term, PNoy only appointed five associate justices: Estela Perlas-Bernabe, Bienvenido Reyes, Marvic Leonen, Francis Jardeleza, and Alfredo Caguioa, and one chief justice, Ma Lourdes Sereno. GMA stayed in office for 10 years (nine from Erap's term) and appointed three chief justices Artemio Panganiban, Reynato Puno, and Renato Corona. GMA also named 20 associate justices: Antonio Carpio, Alicia Martinez, Renato Corona, Conchita Morales, Romeo Callejo Sr., Adolfo Ascuna, Dante Tinga, Minita Nazario, Cancio Garcia, 2004, Presbitiro Velasco, Jr, 2006, Antonio Nachura, Ruben Reyes, Teresita de Castro, Arturo Brion, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Roberto Abad, Martin Villarama, Jose Perez, and Jose Mendoza.

Erap who stayed in Malacañang only for two years only appointed one chief justice, that is our own fellow Cebuano, Hilario Davide Jr. in 1998; and only five associate justices (three of whom were women), Arturo Buena, Minerva Reyes, Consuelo Santiago, Sabino de Leon Jr., and Angelina Gutierrez. FVR named 16 including our own Regino Hermosisima Jr. from Sibonga and from UV Law. President Cory named chief justices Teehankee, our own Pedro Yap and Marcelo Fernan and UST's Andres Narvasa, and no less than 22 associate justices. Marcos stayed in power from 1966 to 1986. He appointed six chief justices: Concepcion, Makalintal, Castro, Fernando, Makasiar, and Aquino, and 36 justices. The mind of the president, as well as his biases can be gleaned from the lawyers he elevates into the highest court of the land. Marcos loved UP graduates, Cory and PNoy favored Ateneans. Manong Digong has his heart for Davao and San Beda. Weather-weather lang ‘yan, according to Erap.