MANILA, Philippines - Retired chief justice and former Judicial and Bar Council (JBC) chair Reynato Puno said yesterday that Supreme Court (SC) insiders have the edge for the chief justice post.
Referring to the justices of the high court nominated to the top judicial post, Puno stressed that experience in the judiciary – particularly being a judge or a justice – could be good preparation to become chief justice.
“It’s good to have court experience as a judge. That trains you to be able to analyze the relevant facts from the irrelevant facts. That trains you to make a judgment on the credibility of the witnesses and of course trains you to apply the law appropriately on the facts of the case,” he explained.
The former SC chief also pointed out that an insider could be more effective in terms of administrative matters, since the judiciary is “a world of its own” and “some sort of a mini-government,” which could best be understood by someone from within.
Puno himself was an insider. He was associate justice of the high court from June 1993 before he was appointed chief justice in December 2006.
He pointed out that appointing an insider – and even the most senior justice – to the top SC post has been a tradition.
But he revealed that this tradition had been set aside a couple of times in the past.
He experienced this firsthand in 2005 when a less senior magistrate, then Associate Justice Artemio Panganiban, bypassed him and was named chief justice.
Still, he believes the selection for the next chief justice should “consider historical perspective.”
All 14 current members of the high court have been nominated for the chief justice post after the ouster of Renato Corona last May 29 following his impeachment trial.
Two magistrates accepted (Associate Justices Arturo Brion and Roberto Abad) while four others rejected their nomination (Associate Justices Mariano del Castillo, Jose Mendoza, Bienvenido Reyes, and Estela Perlas-Bernabe).
As of yesterday, Internal Revenue Commissioner Kim Henares said that she is still deciding whether or not to accept the nomination.
Puno also lauded the current members of the JBC for their decision to be transparent and open the process, specifically the crucial oral interview of nominees, to live media coverage.
He said he is also happy with the wide range of choices for the chief justice post: “Obviously you see some lightweights. But if you give it a long hard look you also see heavyweights, Bar topnotchers, professors, outstanding graduates of world-class universities. You have a smorgasbord of choice.”
But what caught the eye of JBC members were recommendations for the top judicial post that were submitted by persons who hid behind aliases.
A certain Leonardo Da Vinci nominated retiring Court of Appeals Associate Justice Antonio Villamor, while one Egay Bigay nominated Executive Secretary Paquito Ochoa Jr.
There were also nuisance applicants like a nurse named Jocelyn Esquivel, who is obviously not qualified for the post, and dismissed judge Florentino Floro.
Sen. Francis Escudero, ex-officio member of JBC, admitted they are wary of receiving “joke” endorsements, which prompted them not to release names of nominees until receiving their acceptance or rejection.
“What if the nomination was a prank or a joke? This is why we did not release the names of nominees unless they’ve accepted,” he said.
A matter of numbers
Meanwhile, the JBC shrugged off questions on its composition raised last week by former solicitor general Frank Chavez, also a nominee for the top SC post.
Escudero said they would continue to function with eight members and would just advise Chavez to raise the matter before the Supreme Court.
“The present composition of the JBC stays unless restrained by the Supreme Court. This has been the practice even before I joined the council,” he said.
Chavez said the JBC should only have seven members – not eight as it now has – as provided for in the Constitution.
He questioned why the Senate and House of Representatives both have representatives in the council who enjoy one vote each when Article VIII Section 8 (1) of the Charter states there should only be “a representative of the Congress.”
Apart from this issue, the council also tackled the proposed guidelines of live media coverage of oral interview of bets for chief justice.
As of yesterday, a total of 13 aspirants have already accepted their nomination: SC Justices Brion and Abad, former UP law dean Raul Pangalangan, De La Salle University law founding dean Jose Manuel Diokno, former Ateneo law dean Cesar Villanueva, election commissioner Rene Sarmiento, retired Judge Manuel Siayngco Jr., former executive secretary Ronaldo Zamora and lawyers Katrina Legarda, Soledad Cagampang-de Castro, Rafael Morales, Vicente Velasquez and Ferdinand Jose Pijao. – Mayen Jaymalin, Helen Flores, Marvin Sy, Aurea Calica