JBC member: SC justices don’t have the edge

MANILA — Incumbent justices of the Supreme Court may not necessarily have the upper hand in the race to be the next Chief Justice despite being familiar with the workings of the judiciary, a member of the Judicial and Bar Council (JBC) said Wednesday.
“Even the aspirants who are outsiders said that all things being equal the insider has an inside track but then again we’re saying that could be outplayed by other factors that might be considered,” academe representative Jose Mejia told reporters.
Associate Justice Roberto Abad, who kicked off the second day of public interviews, did not hide his preference for a fellow magistrate to lead the High Court, whose image severely tarnished by the ouster of then Chief Justice Renato Corona on May 29.
Abad, who will turn 70 in 2014, said President Benigno Aquino III should choose among the six nominees from the Supreme Court to succeed Corona because doing otherwise would mean a case of mistrust.
“If later on, he turns out to be mediocre, a show-off, lazy, ineffective, he has to commit an impeachable offense to get him out and you would have then bound the country to a Chief Justice for 20 years. So that is why I have a bias for insiders, not necessarily myself,” he said.
Besides Abad, nominated from the Supreme Court are Senior Associate Justice Antonio Carpio and Justices Presbitero Velasco Jr., Teresita Leonardo-De Castro, Arturo Brion and Maria Lourdes Sereno.
But law professor Rafael Morales, another nominee to the post, said only an outsider can help regain public confidence in the judicial system.
“The first step towards that is for the President to appoint an outsider who will give a fresh and impartial approach to the judiciary. I bring the perspective of an academic, and my managerial skills are an edge,” he said.
The 62-year-old Morales said he will bring with him 37 years of legal experience and administrative skills being the current managing partner of the noted Sycip Salazar, Hernandez and Gatmaitan law firm.
Among his priorities if named as top jurist are the following: fill up vacancies for trial judges, swift resolution of cases, shorter decisions, beef up research staff, higher budget for the judiciary and increase salaries for judges and court staff.
Retired Bulacan judge Manuel Siayngco Jr. said his spiritual foundations and experience as judge will help him do the job.
“It’s not only moral integrity, probity, competence and independence that should be the characteristics of the next chief justice, he should also have a heart that bleeds with the miseries of our people but also rejoices for their victories,” he said.
Talking about his edge over other nominees, Raul Pangalanan said “the luxury of a professor is that he can have a broad view of things.” The former University of the Philippines law dean was once involved in making changes to the format of Bar examinations.
The face of a Pangalanan court, he said, would be a court that spoke a clear voice and brought colleagues together in most important issues.
Charter Change
During the grilling, candidates were also asked about their position on the proposal by leaders of Congress to revisit the 1987 Constitution to accommodate changes in the alleged restrictive economic provisions.
Abad, Associate Justice Arturo Brion and Elections Commissioner Rene Sarmiento cited the cap on foreign ownership of corporations that could be changed. They said the move will help invite more investments that could bring jobs to the people.
Senate President Juan Ponce-Enrile and House Speaker Feliciano Belmonte Jr., proponents of Cha-Cha, earlier called for the relaxation of the 40-percent limit on foreign ownership in the exploration, development and utilization of natural resources.
Malacañang has been cool to the proposal, which was validated last Monday when President Benigno Aquino III never mentioned anything about it in his third State of the Nation Address (Sona).
Sarmiento, who was one of the framers of the Constitution, is in favor of a constituent assembly to approve the changes in the Charter but both houses of Congress should vote separately.
If appointed, Abad said he will extend the hand of reconciliation to the President and Congress following a divisive Corona impeachment trial.
“We have a wounded court. The way I look at it, if I become Chief Justice, the first thing to do is to forgive. There is no healing if there is no forgiveness. I hope the President will forgive us also and the legislature and we can reconcile,” he said.
Abad agreed the impeachment trial has not been in any way clipped judicial independence saying it is Congress’ job to initiate removal cases against constitutional officers.
The magistrate, however, criticized the “indecent” preparation of the complaint against Corona, whom he considered as a close friend.
Scheduled for interview Thursday are University of the East law dean Amado Valdez, former Ateneo de Manila law dean Cesar Villanueva and Associate Justices Carpio and De Castro.
http://www.sunstar.com.ph/manila/local-news/2012/07/25/jbc-member-sc-justices-dont-have-edge-234021

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Bldg 6460 Clark Observatory Building
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0922-870-5173 0917-826-8790 (ask for Ana Fe)

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