Chief Justice: Who are we looking for?
The nominations for the position of Chief Justice will finally close tomorrow, after an extension to accommodate more potential candidates. The number of nominees — 65 as of last count — coupled with suggestions to show the interviews on live television, elicited nasty comments that selecting the highest magistrate is beginning to look like a talent search for the next American Idol with popularity and like-ability as major deciding factors.
Aside from Bureau of Internal Revenue chief Kim Henares and Justice Secretary Leila de Lima, one of the frontrunners outside the Judiciary was Liberal Party stalwart and Senate heavyweight Franklin Drilon. Our sources tell us that before he publicly declined his nomination, Drilon had already “done a St. Peter” by rejecting the president’s offer three times. It was actually a prudent decision on Frank’s part, saving the president from the perception that the offer was being made as “payback” for Drilon’s major role in supporting the impeachment and ultimate conviction of Renato Corona.
While some have declined their nominations, among them our favorite senator Miriam Defensor Santiago, Gilbert Teodoro as well as SC Justices Mariano del Castillo, Estela Perlas- Bernabe and Bienvenido Reyes plus Sandiganbayan Presiding Justice Kit Villaruz, it’s obvious that the Judicial and Bar Council’s job will not be easy because many other candidates are qualified both within and outside the Judiciary. In the past, Filipinos never really gave much thought to appointments to the Supreme Court. The Corona impeachment changed all that, with more people now cognizant of crucial qualifications summed up by words like competence, probity, independence and integrity.
The heightened interest in knowing President Aquino’s choice would tell you that people are now more aware of the powerful role the Chief Justice plays in the judicial system. First of all, he or she will be presiding over the JBC — the body that can largely influence, if not determine, the people who will occupy vacancies in the Judiciary from the lower courts to the highest court in the country.
Notably, it is only the JBC that can recommend appointees to the SC, from Associate Justice up to the position of Chief Justice. And if you examine the current composition of the Supreme Court, one can see that 12 will be retiring between 2016 and 2022. This is significant because it means all subsequent justices replacing the 12 will be appointed by the next president after Noynoy Aquino.
To a certain extent, we could go back to the situation during the past administration wherein Mrs. Arroyo appointed 12 out of 15 justices including the Chief Justice — giving rise to the perception that she wanted a Supreme Court that would be beholden to her as the appointing power — ultimately leading us to where we are today. That situation reinforced suspicions about corruption in the Judiciary and how justice in this country could be skewed to favor those who could afford it.
Which is why more than ever the Chief Justice we are looking for must not only be known for integrity but should also be focused on judicial reforms in the branch of government that has been the subject of several books and reports concerning corruption. Significantly, the next highest magistrate should be able to serve long enough in order to oversee and implement the reforms necessary considering the Herculean task ahead. As pointed out by Senior Associate Justice Antonio Carpio — who has verbally signified his acceptance of the nomination — “judicial reform is a work in progress” — something that requires continuity on past initiatives to address “intractable problems as well as emerging ones,” underscoring the importance of the Judiciary in ensuring good governance and economic development of this country.
It goes without saying that people would expect their Chief Justice to have intellectual superiority, with impressive credentials that would elicit esteem and respect both from the academic and legal communities. During the impeachment trial, we received many comments from people who had the impression that Corona was not what one could describe as a brilliant legal mind owing to his replies during the impeachment trial, plus the revelations that he had not been forthright about his academic honors.
But while superior intellect is a necessary qualification, this should be complemented by excellent physical constitution. As the Latin phrase goes — mens sana in corpore sano — a sound mind in a healthy body. The job of a Chief Justice can be very stressful and tiring because it requires extensive mental exercise. Not many are aware that the most taxing and stressful activity in life is not running (or any other physical action) but mental exertion. Studies have shown that the demands and pressure that go with a position that requires a lot of thinking could trigger acute stress, leading to a number of medical conditions.
Just take a look at what’s been happening in Greece which was placed in an even bigger panic when a few days before the European Summit, Prime Minister Antonis Samaras became ill and the newly designated Finance Minister Vassilis Rapanos suddenly collapsed — displaying all the classic symptoms of stress such as nausea, abdominal pain and dizziness. Rapanos resigned a couple of days later, throwing the government into disarray just when they are facing a crucial time in their economy.
Clearly, we need someone who will exemplify the best — intellectually, morally and health-wise. But what is really important and significant is that the next top judge should be able to serve way beyond the term of the appointing power, long after this administration has gone into the sunset so that the day will come when we will finally see the sun rise on a reformed Judiciary.
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