The forum, held at Southwestern University, was the third in a series of public forums in Metro Manila, Northern Luzon, Central Visayas, and Northern Mindanao aimed at increasing public participation in the appointment of the next Chief Justice and Associate Justice of the Supreme Court. The forums are organized by a Consortium of law practitioners and civil society organizations led by the Transparency and Accountability Network (TAN) under the Supreme Court Appointments Watch (SCAW) project.
21st Chief Justice in the 21st Century
Davide's retirement will pave the way for the appointment of his successor, the 21st Chief Justice of the Supreme Court, and the appointment of an Associate Justice who will take the seat that will be vacated in the fifteen-member Supreme Court.
Since the Philippines has three distinct, co-equal branches of government (executive, legislative, and judiciary), the Chief Justice as head of the Judiciary holds significant influence in settling controversies involving constitutional rights, and in determining if there has been a grave abuse of discretion or excess of jurisdiction in any of the branches of government.
Crucial issues that will have to be decided under the leadership of the next Chief Justice include the constitutionality of the Calibrated Preemptive Response, Anti-Terrorist Bill, Executive Order 464, and other controversial policies of President Macapagal-Arroyo.
Under the Constitution, it is the President who must appoint replacements to the Supreme Court within 90 days from the occurrence of any vacancies. Supreme Court appointments do not need the conformation of Congress. Since 1988 however, new Chief Justices have been appointed on the day of the retirement of their respective predecessors, with the exception of Chief Justice Andres R. Narvasa, who started his term on December 8, 1991, two days after the retirement of Chief Justice Marcelo B. Fernan on December 6. Davide was appointed by then President Joseph Estrada on November 30, 1998, the day Narvasa retired.
Citizen's Participation
The authority to nominate appointees to the Judiciary is vested in the Judicial and Bar Council (JBC), which submits a list of at least five nominees to the President. Ordinary citizens are assumed to be represented in the appointments process by the four regular members of the JBC - a representative of the Integrated Bar of the Philippines, a professor of law, a retired member of the Supreme Court, and a representative of the private sector.
However, aside from the participation of the four regular JBC members, there has historically been no significant civil society involvement in the appointment process of the Chief Justice and the Justices of the Supreme Court (SC).
The SCAW project, funded by the United States Agency for International Development (USAID) and The Asia Foundation, was launched this year with the objective of enhancing venues for meaningful citizen's participation in the selection and appointment of SC Justices. The SCAW is closely monitoring the selection and appointment of the SC Justices through sustained campaigns for a transparent and credible appointment process, while encouraging civil society vigilance to ensure that a person of competence, integrity, and independence will be chosen for the post.
Aside from TAN, the other Consortium members are the Alternative Law Groups, Lawyer's League for Liberty, Integrated Bar of the Philippines, Philippine Association of Law Schools, and the Association of Law Students in the Philippines.
Reference:
Jeneen R. Garcia
Alternative Law Groups