And justice for all

The appointment of the new chief justice of the Supreme Court (SC) to replace Hilario Davide Jr., who officially retired yesterday from the judicial service is an all-exclusive choice of President Arroyo.

This was because the Judicial and Bar Council (JBC) did not go through the usual voting on who among the aspirants of the coveted post they will endorse to the President. The seven-man JBC, chaired by the outgoing SC justice, merely submitted the three names left in their "short list" when the two other aspirants backed out. The names in the "short list" were SC associate justices Reynato S.Puno, Artemio V.Panganiban, and Leonardo A. Quisumbing. The three were the most senior SC associate justices who were automatically considered as nominees to the top judicial post.

In deference to tradition, the two lady associate justices of the SC, Consuelo Ynares-Santiago and Angelina Sandoval-Gutierrez, who were nominated by their supporters to the top SC post, acted like perfect gentlemen and gave way to their senior associates.

So the JBC was spared from the hassles related to the usual jockeying and lobbying of aspirants and threw these problems on the lap of President Arroyo. The JBC submitted the "short list" to Malacañang Palace more than two weeks ago. Following the rules and procedures, the vacancy must be filled within 90 days after the retirement of the justice. Presidential spokesman Ignacio Bunye said last Monday Mrs.Arroyo will be ready to announce her choice of a new SC chief justice within the next 48 hours. So as announced, President Arroyo last night issued her official appointment of Panganiban who is her first very own SC chief justice.

Davide attended his final en banc session yesterday at the SC and capped his 14 years at the SC, half of which he served as chief justice, with a dissenting vote on a landmark case on the controversial contract of the Philippine International Air Terminal Co. (PIATCO) in the construction of the Ninoy Aquino International Airport (NAIA) Passenger Terminal-3. There was nothing earthshaking about this particular SC decision that will make Davide’s exit from the judiciary that qualifies it as something unforgettable.

His tenure as SC chief justice started on Nov.30,1998 after he was appointed by former President Joseph Estrada. Up to now, Estrada regretted having appointed Davide. The deposed President blamed Davide’s failure to enforce the rule of law during the impeachment proceedings that the SC chief justice jointly presided with then Senate president Aquilino Pimentel Jr. from November 2000 to January 2001. Adding injury to insult, Estrada cannot forgive Davide when the Chief Justice together with other SC Justices led by Panganiban, went to EDSA to supposedly install then Vice President Arroyo as "acting" President. But in the end, Estrada was effectively ousted from office by the EDSA-2 People Power Revolution in January 2001.

Given these experiences of the recent past, the President’s decision to appoint Panganiban to become the new Chief Justice of the High Court will, however, be short-lived since the latter has only 11 months to serve until the mandatory age of retirement. The much awaited indication of how the ends of justice will be served to all Filipinos will come again when the President try to review the next batch of JBC nominees for chief justice by the time Panganiban retires next year based on the same ideals of the Lady of Justice in blindfold while holding a balanced scale.

It would do well for the President to respect seniority instead of yet another "revolving door" policy just to please everyone at the cost of justice in our country.

Despite these political uncertainties in the country, there are still signs of high hopes among us Filipinos during these difficult times. I don’t know if this can be considered as any indications of hope. But three Cabinet members of President Arroyo dutifully joined the Christmas party of the Tuesday Club in EDSA-Shangrila in Mandaluyong City yesterday before they rushed to Malacanang Palace for their weekly Cabinet meeting. At the end of the Cabinet meeting, the President hosted her Christmas luncheon for them before she flew to Palawan to visit the calamity victims. If our government officials can quietly celebrate Christmas party, then the boiling political pot in the country has simmered down even if it might be for the duration of the Yule season only.

Metro Manila Development Authority (MMDA) chairman Bayani "B.F." Fernando, Philippine International Trading Corp. (PITC) chairman and president Roberto "Obet" Pagdanganan, and outgoing Presidential Management Staff (PMS) Secretary Rigoberto "Bobi" Tiglao are regular members of the Tuesday Club.

Butch Raquel of GMA Channel 7 brought two of his network’s talents like Juliana Palermo and Diana Zubiri who entertained us with their songs. When mini skirt-clad Palermo, who also regularly writes a column in the Entertainment Page of The STAR, started singing, the MMDA chairman immediately excused himself from the party. Once burned, twice shy, B.F. did not relish the idea of being photographed again unwittingly in a rather compromising situation like he had in the past in a public gathering where he and his wife were guests. He and JBC member, retired justice Raoul Victorino took a French leave out while the rest of both virile old and young Tuesday Club men gamely swayed and sang with Juliana.

Before he left the party, B.F. first put on his barong collar the GMA TV station logo pin, with a red, yellow and blue heart shape on top. He said the pin says it all where his loyalty lies, that is, to the President who has the same initials. The GMA-7 pins were among the many Christmas tokens distributed by Butch yesterday to Tuesday Club members.

Tuesday Club chairman, STAR publisher Max Soliven aptly noted we’re like "one, big happy family." Everyone was happy in this yearly Christmas breakfast meeting of the club and getting raffle prizes, many of which were donated by the members themselves. It was like an exchange gifts between the donors and the winners of the raffle prizes.

Butch donated a 21-inch L.G. TV from his network and he got also a TV set as raffle prize for himself. Maloli Espinosa of ABS-CBN Channel 2 joined in the teasing of Butch that his TV set, however, does not have Channel 7 in its dial.

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