EDITORIAL - Patronage in the judiciary

While the Supreme Court and National Bureau of Investigation are looking into reports of corruption in the courts, the national leadership can do its part in professionalizing the judicial service by reviewing the process of appointment and promotion.

Nominees to judicial positions are vetted by the Judicial and Bar Council. The JBC includes representatives from the two chambers of Congress, with final approval given by the President, who is open to lobbying by political allies. The process of selection is highly politicized, with lawmakers and local government executives endorsing, to the JBC or Malacañang or both, nominees for judges in their turfs. Certain religious groups also compete with politicians in pushing for judicial appointments.

As in similar endorsements for positions in executive agencies, loyalty to the endorser often trumps qualifications for the judicial position. It’s not unusual for more qualified individuals to be edged out by those with the right connections. The patronage system in appointments and promotions in the judiciary and executive agencies hinders the development of a merit-based society.

Filipinos take political debts seriously, and gratitude can last a lifetime. Local politicians who manage to have their nominees appointed to the courts, police, military and prosecution service in their turfs control the criminal justice system and can get away with anything, including murder. This was the case in the Autonomous Region in Muslim Mindanao during the long years in power of the Ampatuan clan. The situation is common in many other parts of the country.

Political patronage is one of the biggest reasons for the appointment and promotion of incompetent and corrupt magistrates. Having protégés appointed throughout the criminal justice system also allows the appointees’ patrons to get away with all types of corrupt deals.

Any honest-to-goodness campaign against corruption must include the judiciary. Detailed criteria can be set for appointments and promotions, and the process must be insulated from politics. Otherwise, the rot in politics will keep seeping into the judiciary.