Justices, too, need justice

As of this writing, President Arroyo has yet to announce her appointee to replace Supreme Court (SC) Associate Justice Ruben Reyes who retired last Jan. 3 upon reaching the retirement age of 70. The President will select from a shortlist of five nominees submitted to her by the Judicial and Bar Council (JBC). The JBC transmitted the shortlist to the Palace last Dec. 22.

The nominees who made it to the JBC’s shortlist are Court of Appeals (CA) Seventh Division senior member Associate Justice Martin Villarama Jr.; Ateneo law school dean Cesar Villanueva; CA Second Division chair Portia Alino-Hormachuelos; Sandiganbayan Justice Francisco Villaruz; and Sandiganbayan Presiding Justice Diosdado Peralta.

The eight-member JBC panel, chaired by Chief Justice Reynato Puno, grilled them in a public hearing and they got the highest votes. The JBC is the independent body created under the Constitution to screen and vet prospective judges from the lowest courts to justices of the Court of Tax Appeals, the CA, the Sandiganbayan and the SC.

From official statements by certain Palace officials, the President has not yet made up her mind as to who she would choose to appoint out of this JBC shortlist. Her indecision has thus spawned speculations and fears, mostly imagined ones, that Mrs. Arroyo would have total control of the 15-man High Tribunal with all new appointees replacing those retiring this year. Fears and concerns are foisted over the possibility that this could weaken the independence of the judiciary.

Alarm bells are ringing this early because almost half of the High Court would be appointed by President Arroyo before she steps down in June 2010. They would be in addition to her other previous appointees who now sit at the SC. Her bitter critics warn that this could pave the way for a full-court press for the Arroyo administration to step into full gear its plans to amend our country’s Constitution. Conspiracy theorists ply the rumors she could easily therefore extend her term beyond 2010, with its legality to be backed by Arroyo appointees at the SC.

While the constitutional requirement for the President to make the appointment is 90 days from the day the vacancy arises, I hope Mrs. Arroyo will be able to appoint the replacement of Reyes sooner than later, or at least before SC Associate Justice Adolf Azcuna also retires next month.

Although there is no quorum problem at the SC even if no replacement for Reyes is made up to now, Mrs. Arroyo would be able to lay to rest speculations unnecessarily stirred by not acting one way or the other on the JBC recommendations.

The JBC has, in fact, published last week that they have started accepting applications for the position to be vacated by Associate Justice Azcuna. Applications will be accepted until Jan. 19. At the same time, the JBC has also started accepting applications for the two vacancies at the CA, one of which was created last year by the dismissal from the service of Justice Vicente Roxas and with the retirement too, of Justice Regalado Maambong last Jan. 2.

Actually, a total of seven justice positions are open in the High Court this year with six more scheduled to retire this year beginning with Justice Azcuna on Feb. 16. Also due to retire this year are Dante Tinga on May 11; Consuelo Ynares-Santiago on Oct. 5; Leonardo Quisumbing on Nov. 6; Minita Chico-Nazario on Dec. 5; and Ma. Alicia Martinez on Dec. 19.

I agree with SC spokesman Midas Marquez that it would be pure speculation to foretell how the seven new justices at the High Tribunal would act on issues and petitions presented before them. “The magistrates of the Supreme Court invariably decide cases on the basis of their own appreciation of facts and applicable laws, which are eventually determined by their own values, prejudices, morals, and philosophy. To foretell how the seven would-be magistrates would be voting at this time would be pure speculation,” Marquez argued.

My own take on this is the fact that we have the JBC process that precisely insulates the independence of the judiciary from its two other co-equal branches of the government. Aside from SC chief justice as chair, the JBC is composed of four regular members appointed by the President but who must go through the confirmation process of Congress. The four regular members of the JBC come from the academe, the Integrated Bar of the Philippines, retired justice judges, and the private sector. Completing the JBC is a delegate each from the Senate and the House of Representatives and the Secretary of the Department of Justice (DOJ). If we do not trust the JBC process, who are we going to trust?

The STAR has partnered with Newsbreak, the ABS-CBN, GMA-7 and the Philippine Daily Inquirer for the Bantay Korte Suprema watchdog group that was organized last month with former Senate majority leader Francis “Kiko” Pangilinan as one of its prime movers when he was still a member of the JBC. Following the leadership change and consequent reorganization at the Senate, Kiko was replaced at the JBC by Sen. Chiz Escudero who like him is also a member of the bar.

Escudero echoed Kiko’s assurances that the JBC will remain free from any pressure in its screening of candidates, as both appealed to the public to be vigilant and help keep the JBC’s independence. “The demand for transparency is a two-way street. It does not only emanate from us who sit at the council. It is but proper that third parties also make known their views. The JBC should remain a bastion of independence from politicians and outside influence. Thus, vigilance and active participation from the public should compliment the council members’ accountability in appointing members of the Judiciary,” Escudero rightly pointed out.

Sen. Kiko, together with the members of the Bantay Korte Suprema, continuously calls on the public to monitor closely the aspirants for the SC vacancies and to participate actively in examining the credentials and integrity of those who will be nominated. According to Sen. Kiko, for more information on Bantay Korte Suprema, type BKS and send to 2948. If you would like to recommend a possible nominee for the next vacancy, type BKS, name of possible nominee, info, and send to 2948.