Perception of independence

Justice Maria Lourdes Sereno was the obvious choice of President for Chief Justice. After all, she was the first one to be appointed by PNoy to the Supreme Court.

But what isn’t obvious is why the President, despite the need to instill independence or at least public perception of independence in an institution rocked by criticism and intrigue following the impeachment of former Chief Justice Renato Corona, chose to ignore potential backlash when he chose Sereno.

Her resume seems impressive. Graduating at the top of her law class, having studied at the best schools in the country and abroad, and with her knowledge of international trade law and economics, we cannot undermine Sereno’s capabilities or potential to be a good Chief Justice.

But what is bothersome is the President’s penchant for being insensitive to public perception.

The rule of law is all about the people believing in a court of justice that can mete out justice regardless of sex, race, creed, status in life, political inclination. Independence means being able to decide based on facts and the law applicable to the set of facts, nothing more, nothing less. Sometimes, when the law is unclear or lacking, then that is the time that the courts look somewhere else for guidance – be it custom, rulings of foreign tribunals, legislative deliberations, opinions of legal experts, among others. But we all know that independence is an ideal and since justices are men and women just like anyone of us, they can be prone to external influences when making their decisions. As one legal expert said, if we follow the requirements for a member of the judiciary strictly, then no one will qualify because humans do not possess all those qualities.

It is more of the perception of an independent judiciary that is a requirement for the rule of law to prevail. It is by this belief in the rule of law that people do not resort to anarchy or street justice to settle scores, disputes or controversies.

We all know that Justice Corona was impeached because of the perception of his indebtedness to former President Arroyo. The least President Aquino could have done is choose a new Chief Justice who cannot be criticized for being indebted to him. Perhaps someone he did not appoint to the High Tribunal?

But the President has spoken and everyone wishes that Chief Justice Sereno is up to this gargantuan task of restoring faith in the judiciary, most especially the Supreme Court. After all, she will be there for 18 years or until she reaches the retirement age of 70. As one legislator pointed out, 18 years is too long for a bad Chief Justice. The first thing that she should do is to prove to everyone, critic and supporter alike, that she has a mind of her own. It is not everyday that someone gets to be appointed Chief Justice. This is her one big chance to make her mark and leave a lasting legacy.

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