Summary: Where SC justice applicants stand on issues

November 16, 2016 - 8:44pm

Ten potential magistrates were interviewed by the Judicial Bar Council.

Screengrabbed from Supreme Court

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

Initially, Martires wanted to apply as ombudsman, however, Ombudsman Conchita Carpio Morales deferred her retirement. Martires is currently 68 years old and if given a chance to serve as an associate justice, he will only render two years before his retirement.

He said he hasn't undergone any medical procedure yet. He also said he is not that computer savvy but can research via Internet and work on Microsoft Word.

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

Paras said the Department of Foreign Affairs did not pursue his nomination. He said he won't retire at the age of 65 and will only retire at the age of 70 for that was his work ethic.

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

Tijam, a current Court of Appeals (CA) associate justice, is a classmate of Duterte. He said he will remain independent as he had previously issued rulings against two other former presidents.

“Presidents do not make any attempt to influence judges and I have never experienced that... Knowing him, he's full of pride, he has a personality, he will be the last person to ask favors in the judiciary,” Tijam said

Romulo Borja

Borja, 68, an associate justice of the CA said he only applied to the high court just now because he was advised to not just apply for the sake of applying. He was endorsed by the associate justice of the CA Mindanao.

He was asked if he is related to Duterte since his mother’s maiden name is “Dulce Valde Roa Jueza,” which he replied they are somehow related. He said Duterte’s mother attended a Roa reunion in Cagayan De Oro twice and he met with him when he was still a mayor.

Admittedly, Borja said he cannot take 42 cases as they must be reflected upon thoroughly, citing he can only take an estimated 12 cases a month. “Beyond that I'll be completely stressed to be perfectly honest,” he said.

Proposed contributions to SC: He addressed financial security citing that it may erode confidence, integrity, and independence of the judges. He said he plans to improve financial security by proposing a pay standardization law for justices and judges. “It will tend to attract the best and brightest in the profession to enter the judiciary.”
?On clogged courts: Borja proposed to speed up the process without compromising due process because he said there are too many sources of delay in procedure such as delay in postal service, schedules of days of filing of motions, appeals, among others. “The court's are viewed now as institution of delay,” he said.
On the rising number of criminal cases: Borja proposed that the SC should allow “free bargaining” which has resolved cases in many countries. He also said there should be more liberality in allowing rehabilitation.
On death penalty: “I have no qualms [regarding the morality issue of death penalty] I am not a lawmaker but I do have reservations on whether it really operates to deter crimes.” He cited that he read the updated Roman Catholic catechism and noted that they are only opposing the uncertainty of quality of decision-making because “death is irrevocable.”
On bribery charges: “I deny that completely. I challenge those who made accusation to come up with evidence and I was prepared to act on those evidence,” Borja said.
On SC reversing the ruling to ban aerial spray of pesticide: “I was the sole dissenting. I thought I thought I have made a strong case,” he said. He said it poses a grave health risk and affects other people even those who are not involved in plantation, which he argued should be regulated for it is a public place.
On Permanent Court of Arbitration’s (PCA) jurisdiction over Philippine case against China: He said the PCA can render judgment even without the consent of China because they are part of the signatory of the ?United Nations Convention on the Law of the Sea or UNCLOS.
On proposed abolition of the judiciary development fund: He said Congress cannot repeal it as it will violate the independence of the judiciary.

Amy Lazaro-Javier

Javier is a former assistant solicitor general. She said she is a dual citizen and teaching is her passion. Asked if her lack of experience in private practice is a disadvantage, Javier replied it is not. She said she practiced law as a judge the last 15 years and got trained to have judicial mind.

On Marcos burial decision: Javier disagrees with the high court saying the conviction was already made by the people via EDSA revolt. “No further conviction from any court, even Supreme Court, could trivialize that conviction.”
On her opinion on Senate inquiries in aid of legislation: Javier said some senators are abusing it.
On extrajudicial killingS: Javier defined extrajudicial killings as a widespread, systematic and a direct attack to the civilian population. Asked if extrajudicial killings is a crime against humanity, she replied no and cited aggression and the dangers posed. She also said it cannot be considered genocide because it is “not yet as widespread or systematic.” She said it would be considered such if there are hundreds of thousands of victims.

Joseph San Pedro

San Pedro, 50, who took AB Social Science as an undergraduate, is a salutatorian from the Ateneo Law School. He is also a bar topnotcher and teaches Behavioral Science at the De La Salle University. He also took Masters of Law at Harvard University. He said he is applying at the SC as he wants to pay forward the blessings he received as a law practitioner.

Although he has not yet served in any government office, San Pedro said his experience is diverse enough to have the necessary abilities needed in the high court. He said he worked for law firms, worked as in-house counsel and headed the self-regulatory organization of the Philippine Stock Exchange.

On Marcos burial decision: San Pedro disagrees with the the SC ruling saying the dissenting opinions propounded compelling arguments denying the burial. “There were citations of certain laws, but I think the primary issue there is we have to understand the historical underpinning of our 1987 Constitution. Where did we come from? We came from the ouster of a dictator, and to allow the dictator to be buried and given some kind of honor will be a disrespect and dishonor to the people who made sacrifices to have our democracy right now,” he said.
On Enrile bail plea: San Pedro said he would have dissented.
On abolishing the JBC: San Pedro said lawmakers have to change the Constitution first.