The Freeman

The traits that the next chief justice must have

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After the Corona impeachmen­t and the Sereno ouster via quo warranto, the Judicial and Bar Council should learn to consider adding a few behavioral qualificat­ions which, albeit unwritten, may influence JBC members in making their choices whom to endorse for appointmen­t by the president. We should learn from the valuable lessons of the recent events that rocked the highest court of the land. The JBC, apparently obeying the signals from Malacañan (when PNoy made no secrets about his preference for Sereno) included her among the short-listed nominees. And look at what was the result of PNoy’s insistence, and the JBC’s apparent subservien­ce.

When we look for a chief justice, we should not limit ourselves to academic credential­s or academic excellence alone. We should look for leadership qualities, the competence to generate support, the ability to motivate others to cooperate, the ability to rally peers to a common cause, the skills to inspire respect, and draw cooperatio­n. Obviously, Ma. Lourdes Sereno did not have that leadership quality. She was not able to draw support and cooperatio­n. She failed to rally her peers to a common cause. She was a lone ranger, doing things without consultati­on and consensus among her peers. She did not reach out to her peers and did not exert extra effort to manifest her respect for the more senior jurists and more experience­d colleagues in the highest court of the land.

We should also look for an insider who is relatively senior. PNoy had the right to choose Sereno as an associate justice bypassing many experience­d Court of Appeals justices. But to choose Sereno to become chief justice was too much and that act triggered bad blood inside the High Tribunal. Sereno was never accepted as a leader by senior associate justices Antonio Carpio, Teresita Leonardo-de Castro, then justice Arturo Brion, and such veterans as Diosdado Peralta, and Lucas Bersamin. And Sereno, knowing that fact, did not raise a finger to reverse the situation. Being aware of the resentment among the seniors in the High Court, Sereno remain aloof and distant and never reached out to them. Thus, when the petition for Quo Warranto was filed, her peers found the opportunit­y to teach her the biggest lesson of her life.

Thus, in looking for the next chief justice we should also look for one who has the humility to respect the opinions of his or her peers. One who does not come in like a storm but as a gentle breeze.

The JBC should exercise extraordin­ary diligence in widening the scope of the search. They should actively search and not just wait for applicatio­ns. If there is a need to amend the JBC rules, then let them be amended. The president should also be very careful that the Sereno debacle will not be repeated. This is a very crucial choice considerin­g that the chief justice is the number one top judicial official of the land.

It is not just a matter of brilliance. It is, above all else, competence to lead. The next chief justice must be one who can inspire respect and muster support.

‘It is not just a matter of brilliance. It is, above all else, competence to lead. The next chief justice must be one who can inspire respect and muster

support.’

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