Summary: Where SC justice applicants stand on issues

MANILA, Philippines (Updated Nov. 17, 6:06 p.m.) — The Judicial Bar Council (JBC) on Wednesday and Thursday quizzed candidates vying to replace the retiring Supreme Court (SC) Associates Justice Jose Perez and Arturo Brion.

The potential magistrates are as follows:

• Persida Rueda-Acosta
• Rita Linda Ventura-Jimeno
• Rowena Apao-Adlawan
• Japar Dimaampao
• Samuel Martires
• Ricardo Paras III (also a candidate for the Sandiganbayan)
• Noel Tijam
• Romulo Borja
• Amy Lazaro-Javier
• Joseph San Pedro

The applicants faced JBC executive committee Chair Angelina Sandoval-Gutierrez, regular members Maria Milagros Fernan-Cayosa, Jose Mejia and Toribio Ilao. They were asked about their backgrounds, intention for applying and stance on various issues.

Below appears the summary of their answers during the JBC’s public interview:

Persida Rueda-Acosta

Acosta, the current Public Attorneys Office (PAO) chief, said she wants to return to the judiciary where she once served and said this time felt the right time after Sen. Miguel Zubiri recommended her to apply. She previously said “it was the president who told her to apply for a slot in the SC.” However, she clarified she does not have inappropriate connections. Acosta defended herself, saying she served almost three presidents at the PAO and was able to show her independence and vowed that she will never be biased in her future decisions.

“Naipakita ko po ang independence sa aking opinion at sa aking mga kaso dahil ang aking pinagbabatayan ay rule of law.”

She said she fulfilled her duties as PAO chief, attended to litigants, handled cases on SAF 44 and tanim-bala.

• On extrajudicial killings:  “Kapag clear na EJK, kinakasuhan po, pero hindi naman po tama na bawat ng nangyayari ay isisi. Sa lahat dapat ay case to case basis.”
• On gender-biased laws: She said a law which appears to be gender-biased is a form of violence against women. She added that there are also abuses to other genders.
• On publicity: She vowed to close her social media accounts, stop her media appearances on TV and newspapers
• On hero’s burial for Ferdinand Marcos: “I will concur, the law is very clear. It's time for the nation to be healed.” However, Gutierrez advised her to read on cases before answering if she is dissenting or concurring.
• On allowing same-sex marriage: “I cannot allow the same-sex marriage. I am sorry.” She said the Family Code is her basis.
• On former President Gloria Macapagal-Arroyo’s acquittal and Enrile’s bail decision: Acosta said she would have concurred but she was again advised to read more on the decisions even if she is not yet a member of the judiciary yet for she is applying to become one.

Rita Linda Ventura-Jimeno

Jimeno, recommended by former President Fidel Ramos, said she cannot influenced by him. She clarified she may have been nominated because she was from the north, Ilocos Norte, and was known to be an active member of the Philippine Constitution Association. She said they have a common relative named Simeon Valdez.

Asked about her short employment records, Jimeno clarified that it only appears short-term because she tends to do more work that she needed to do and clarified that it was not full-time. “Not only have I been a practicing lawyer, I also have been an arbiter for three international disputes,” she said.

She worked at the Barcelona law office for years.

• On former Chief Justice Renato Corona's impeachment: Jimeno confirmed being invited as a member of late Chief Justice Renato Corona’s defense team while her daughter, Karen Jimeno, eventually became his spokesperson. She said there was an error in his having been impeached. For her it was a political decision and not a judicial proceeding. She said the grounds used are not impeachable offenses under the Constitution. “There is some degree of injustice rendered to the former chief justice.”
• On mining: “The SC can only act on petitions filed before it. It cannot do anything.” She said the duty of the SC is to first investigate based on the facts.
• On SC’s decision to bury Marcos at the Libingan ng Mga Bayani: “My view has nothing to do with my being an Ilocana. It is my respect for the rule of law which tells me that the Supreme Court's decision should be respected.”
• On federalism: Jimeno said she’s in favor of it.  “It's the only way where we can improve the lives of the people,” she said, adding that it will better infrastructure and education in the country. Before implementing federalism, however, Jimeno proposed the passage of the Freedom of Information Bill to be able to look into records of how money is being disbursed.
• On anti-dynasty bill: Jimeno favors the passage of the anti-dynasty bill, which she said should be passed before a shift to federalism. She also favors giving local government units more power.
• On Grace Poe being a natural born citizen: “I would have concurred.” She said Poe was found in the Philippines and the international concept is that person should not be declared stateless.

Rowena Apao-Adlawan

Adlawan has been named Deputy Ombudsman for Mindanao in 2014. She said although she is from Davao, she only knows President Rodrigo Duterte in his capacity as mayor. 

She said she worked for the three branches of the government: legislative, executive and judiciary.

• ?On party-list system: Adlawan is in favor of amending the party-list system. She called it a replication.
• On mining: “I was once an environmentalist,” adding that she is for responsible mining.
• On land conversion: Adlawan is against conversion of land from agriculture to non-agriculture saying the citizens may lack food source.
• On extrajudicial killings: Adlawan, a drugs court judge, said there are no extrajudicial killings (EJK) because for her EJKs is a state-sponsored killing and said that Duterte is against it. “As one of his policy, he is against killing. He is for upholding the rule of law.” She said, however, that the police should be trained for proper enforcement of laws.
• On illegal drugs: Asked of the causes of rising number of drug users, Adlawan said it is probably the lack of support of family members or parents.

Japar Dimaampao

Dimaampao vows to help develop Sharia law if he is chosen.

• On Death penalty: Dimaampao said he is anchored on the Constitution which states that death penalty should not be imposed unless for compelling reasons involving heinous crimes.
• On recent SC decisions: Dimaampao said he believes the SC erred on the following cases: Bongdagjy vs Bongdagjy, Grace Poe’s citizenship, Enhanced Defense Cooperation Agreement and former Chief Justice Corona's case. He added that the “cityhood case” is an example of a flip-flopping case of the SC.
• On mining:  Dimaampao cited Article 2 of the Constitution. He said as long as the parameters or guidelines are followed there is no legal impediment.
• On extrajudicial killings: “It has no place in our democratic system.”
• On separation of Church and State: Dimaampao said he will uphold the supremacy of the Constitution. He said the Constitution allows for freedom of worship. But as justices, he said, they may strike a balance.
• On Duterte’s remark on possible suspension of writ of habeas corpus: Dimaampao said the president must adhere to constitutional limitations and parameters

Samuel Martires

• On Arroyo plunder case ruling: Martires said he would have concurred. However, he said he hasn't read the decision yet and was also advised by Gutierrez to read the ruling.
• On Marcos burial decision: “I would have concurred with Justice Mendoza's separate concurring opinion,” he said, adding that it is a political question. He said he does not believe Marcos was dishonorably discharged by the Filipino people. “It's always been my belief that Marcos wasn't ousted, but he opted to leave to prevent bloodshed.”
• On Sen. Enrile's bail plea: Martires said he would have dissented.

Ricardo Paras III 

• On death penalty: Paras said it is a legislative prerogative but he said he favors it. “I would go for the reimposition of the death penalty.”
• On international court's jurisdiction over the issue of extrajudicial killings vs Duterte: We should welcome special rapporteurs. Some may frown on it but we should be open.

Justice Noel Tijam

Romulo Borja

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