Qualification standards for a chief magistrate

The labor front has the right to propose the essential qualifications of a Chief Justice, considering that the great bulk of the cases pending in the Supreme Court, as well as in the lower courts and the quasi-judicial and administrative agencies are labor disputes and agrarian reform cases. More than criminal cases, or those involving election protests and tax litigations, the more compelling agenda in the courts’ dockets involve issues on dismissal of workers without just cause nor due process, unfair labor practices, illegal recruitment and non-payment of wages and labor standards benefits. The next Chief Magistrate, aside from the essential qualification standards, must be an expert on labor and social legislation.

Lest the search for the next chief be largely influenced by the traumas of the just concluded impeachment, or be subject to the influence-peddling of crafty taipans and oligarchs, or worse, be held captive by the schemes and machinations of traditional politicians, this column suggests a set of qualification standards for the Judicial and Bar Council to use in the screening process, and in choosing those who shall be short-listed, and, ultimately, for the President to consider in making the final choice. Without a set of criteria, the selection will become a useless game of personalities and influence-peddling, of horse-trading and jockeying, thus defeating the imperatives of national interest.

First, is UNIMPEACHABLE INTEGRITY. With full disclosure of personal and family data, with transparent net worth and total declaration of past and present holdings and connections, the nominee must have no skeleton in the closet. He must not be holding in his name the assets of other persons. He must have no secret condos or bank accounts. He must not be beholden to any politician, current or past. He must not have cheated in school or in romantic entanglement. He must never be linked to any transaction that may besmirch his honesty. He must be clean as a whistle.

Second, IMPECCABLE LEGAL WISDOM AND ERUDITION. We cannot afford to put in the highest court a sophomoric eager beaver who has not written nor published a respectable thesis in law and jurisprudence. We cannot ask someone to preside over 14 other wise men and women if he cannot argue forcefully on a principle of law or legal precedent. He will not be respected by his peers. He will be derided by the bar and the bench. He will make the Supreme Court look like a barangay hall peopled by novatuses unschooled in the wisdom of law and justice.

Third, DEMONSTRATED INDEPENDENCE OF JUDGMENT. We are looking for the complete opposite of the impeached CJ. He must be ready to decide on the merits and based on his own conscience all questions, even if his decision would run counter to the interests of the one who appointed him. We must not put there anyone who is sponsored by an uncle businessman who has a multi-billion conglomerate to protect, or one being pushed by famous taipan and campaign contributor, nor by an influence-peddling religious sect.  We should choose instead a man who is willing to stand like a rock when all his peers are following the path of least resistance.

Fourth, PROVEN LEADERSHIP SKILLS. Considering the tremendous responsibilities of the chief to lead not just 14 other SC justices but hundreds of appellate and thousands of lower court judges, plus hundreds of thousands of personnel, no to mention the multitude of all lawyers, then the CJ must have sterling leadership skills. He must have the vision of Cezar Bengson, the gentleness of Roberto Concepcion, the courage of Claudio Teehankee and the humility, Godliness and approachability and people-orientation of Hilario G Davide, Jr.

On top of all these, he must have a sense of urgency, to liquidate the backlog of cases in courts. He must have the charisma to inspire performance and honesty. He must be an inspirational speaker and an effective writer. He must exude dignity and honor, and people should look at him with abiding respect and a sense of hope. Not to forget, he must be an expert in labor and social legislation because most of the cases before him involve the cries and anguish of the workingman. We thus pray that the Almighty should lead us to that man. If not, it will be a major debacle again.