Author Topic: WHO WILL BE THE NEXT CHIEF JUSTICE?  (Read 663 times)

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WHO WILL BE THE NEXT CHIEF JUSTICE?
« on: January 18, 2017, 09:51:20 AM »
WHO WILL BE THE NEXT CHIEF JUSTICE?
By Atty. Check Baluma
November 5, 2006 The Bohol Standard

The Supreme Court is described as the ultimate bulwark of human rights and individual liberty. In these times where many controversial issues are pending for consideration by the Highest Court of the land, it is but fitting to say that the next person who will sit as Chief Justice of the Supreme Court must, just like past Chief Justices and the present Chief Justice, be a man of integrity, independence, industry and intelligence.

The position of Chief Justice of the Supreme Court will be vacant as soon as our present Chief Justice Artemio V. Panganiban reaches 70 years of age on the 7th day of December, 2006. This early, five (5) credible and equally deserving candidates are being considered for the position of Chief Justice of the Supreme Court.

Samuel Krislove of the University of Minnesota in his studies on appointments to the U.S. Supreme Court entitled “ The Supreme Court in the Political Process” ( 1953, Macmillan Co.) shares:

“ How do aspiring judges come to the attention of those who are in the position to chose them? What is the route they travel through life to arrive at the ultimate rule of the Supreme Court? It is obvious from our previous discussion that part of the secret lies in being born of the proper parents and thus obtaining the proper background and ambition, though which is causative and which is derivative is problematical. Going to the proper schools, both undergraduate and graduate is also valuable. Valuable friendships with future Presidents or senators or attorneys-general are invaluable and somewhat invaluable assets which have helped many a potential judge obtain his post. And, of course, he must decide to become a lawyer.”

Our present Constitution requires that in order for one to be a member of the Supreme Court, he must be natural born-citizen of the Philippines, must at least be forty years of age, must have been for fifteen years or more a judge of a lower court or engage in the practice of law in the Philippines. Our fundamental law further requires that one must be a person of proven competence, integrity, probity and independence.

The members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation. ( Sec. 9 , Article VII of the 1987 Constitution.)

The Judicial and Bar Council, which is under the supervision of the Supreme Court is composed of the Chief Justice of the Supreme Court as ex-Officio Chairman, the Secretary of Justice, a representative of Congress as ex officio Member, a representative of the Integrated Bar, a professor of law, a retired member of the Supreme Court and a representative of the private sector.

Being considered for the position of Chief Justice of the Supreme Court are Associate Justices Reynato Puno ( May 17, 2010, retirement date), Leonardo Quisumbing ( November 6, 2009, retirement date), Consuelo Ynares-Santiago ( October 5, 2009, retirement date), Angelina Sandoval Gutierrez ( February 28, 2008, retirement date) and Antonio Carpio ( October 26, 2019, retirement date) and Senator Miriam Defensor-Santiago. Although in the past the rule of seniority was often upheld by Presidents, there is no express provision under the present law prohibiting an outsider from heading the Supreme Court. This early no less than Justice Secretary Raul Gonzales and Solicitor-General Antonio Nachura are openly declaring positive remarks for Senator Santiago.

It is beyond question that the appointment of the next Chief Justice of the Supreme Court is subject to the exclusive power and discretion of the President of the Philippines. The function of appointing the next Chief Justice is a big responsibility on the part of the President and for this reason, this writer is hoping for divine intervention and guidance to lead her to the right person.

Justices and Judges once appointed to the judiciary must follow certain norms in order to best serve the interest of justice. For this reason, Checkpoints is reiterating this piece:

“To paraphrase the late Chief Justice Earl Warren of the United States Supreme Court, the Justices and judges must ever realize that they have no constituency, serve no majority nor minority but serve only the public interest as they see it in accordance with their oath of office, guided only by the Constitution and their own conscience and honor.” ( Galman, et al. vs. Sandiganbayan, G.R. No. 72670, September 12, 1986).

Whoever is appointed as the next Chief Justice of the Supreme Court, we as good citizens of the Philipines must respect the decision of the President, in line with principle that the rule of law must always be upheld.

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