'Foretelling behavior of SC justices is pure speculation'

To predict how seven new justices of the Supreme Court yet to be appointed by President Arroyo will eventually vote on certain issues would be mere speculation, the Court’s spokesman said yesterday.

“The appointment of a High Court magistrate is a presidential prerogative as provided in the Constitution. The Constitution likewise provides that the appointee must be a person of proven competence, integrity, probity, and independence,” Court spokesman lawyer Midas Marquez said.

“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 added.

Marquez was reacting to a Newsbreak article which said President Arroyo “will essentially have a free hand in reshaping the character of the High Court according to her own desire.”

This, the article said, has alarmed critics and observers.

The fear is made stronger, said the article, with the forthcoming retirement of several justices who are perceived to be independent.

With the retirement of Justices Adolfo Azcuna on Feb. 16, Alicia Martinez on April 30, Consuelo Ynares-Santiago on Oct. 5, and Leonardo Quisumbing on Nov. 6, the President may have her way, particularly on the issue of extending her stay in power.

According to the article, the retirements of Azcuna, Martinez, Ynares-Santiago and Quisumbing will tilt the balance in favor of Malacañang.

But Marquez stressed that despite the fact that 12 of the present 14 justices have been appointed by Mrs. Arroyo, the Court has voted contrary to the perceived Palace view, such as on the case of the controversial Memorandum of Agreement on Ancestral Domain (MOA-AD).

Marquez also batted for the independence of the Judicial and Bar Council (JBC) which is tasked to screen candidates for any vacancies in the Supreme Court, and later recommend the successful candidates to the President for selection and appointment.

“And if it is any indication, two of those who are said to have the strongest link to the Palace were not included by the JBC in its list of five nominees for the vacancy created by the retirement of Justice (Ruben) Reyes. Is this not a strong argument for the independence of the JBC?” he said.

For his part, Sen. Francis Escudero, who represents the Senate at the JBC also stressed that the Council will be free from any pressure in its screening of candidates as he called on the public to be vigilant and help keep JBC’s independence.

“With the impending retirement of some SC justices, this is the most appropriate time for the public and concerned groups to be vigilant and make known their positions with respect to the applicants and nominees for the posts to be vacated at the SC. This will help JBC members choose only the most deserving nominees who will keep the independence of the SC,” he said.

“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 added.

The President has yet to announce the replacement for SC Justice Reyes who retired last Jan. 3 upon reaching the retirement age of 70.

Mrs. Arroyo will select from a shortlist submitted by the JBC late last month.

Those who made it to the JBC’s shortlist were Court of Appeals (CA) Seventh Division senior member Associate Justice Martin Villarama Jr., who got seven votes from the eight-member JBC panel; Ateneo law school dean Cesar Villanueva, CA Second Division chair Portia Alino-Hormachuelos, Sandiganbayan Justice Francisco Villaruz and Sandiganbayan Presiding Justice Diosdado Peralta, who each got five votes from JBC members.