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The downside of having a young SC chief

As of yesterday, reports said the Judicial and Bar Council, which screens nominees for positions in the Judiciary, for appointment by the President, has received 14 nominations for the position vacated by the recently convicted former Chief Justice Renato Corona.

The latest addition to the growing list are anti-graft crusader Frank Chavez and former Makati representative and writer/TV commentator Teodoro “Teddy Boy” Locsin Jr.

Chavez was nominated by Manuel Baviera of the Whistleblowers Association and Locsin was nominated by lawyer Brigido Dulay and ABAKADA party-list president Jonathan Dela Cruz.

The published names of nominees include Justice Secretary Leila de Lima, Solicitor General Francis Jardeleza, Bureau of Internal Revenue Commissioner Kim Henares and women’s rights advocate Katrina Legarda,retired Judge Manuel Siayngco Jr.;University of the Philippines’ College of Law dean Raul Pangalangan, Ateneo de Manila University law school dean Cesar Villanueva, Inquirer columnist and former former Laguna Assistant Provincial Prosecutor Marianito Sasondoncillo, lawyer Nepomuceno Aparis,Rafael Morales, a managing partner of the Sycip, Salazar, Hernandez & Gatmaitan law firm.

In addition to the 14, the five most senior justices on the Supreme Court—acting Chief Justice Antonio Carpio and Associate Justices Presbitero Velasco Jr., Teresita Leonardo-de Castro, Arturo Brion and Diosdado Peralta—have been automatically nominated for Chief Justice.

There’s one nurse named Jocelyn Esquivel, who had the guts to submit an application for the chief justice position. She is not qualified because the Constitution states that justices of the Supreme Court aside from being a natural-born citizen of the Philippines and at least 40 years of age, he or she “must have been for 15 years or more a judge of a lower court or engaged in the practice of law in the country.”

I’m wondering if Esquivel is among the thousands of jobless nurses in the country today. Probably since she is job hunting and the position of chief justice is vacant, what does she lose by sending her application?

I like the spunk of this girl.

Chiz Escudero, JBC member
Senator Francis “Chiz” Escudero, ex-oficio JBC member as chairman of Senate committee on justice and human rights, said deadline for accepting nominations for chief justice has been set on June 18, Monday. JBC would then publish the names to get the public reaction.

He set the council has set the deadline of July 15 for coming up with a short list of nominees to be sent to the President, who has 90 days from the date the position was vacated (May 30 because Corona was convicted May 29, 2012) to appoint a new chief justice. That means not later than Aug. 28, 2012.

Escudero stressed that the position being filled up now is that of the Chief Justice.

He said if the President appoints any one of the five senior justices, a vacancy would occur among the 14 associate justices. The JBC will then go through again the process nominations and screening of the candidate for the SC position.

Escudero raised a valid concern on having a young chief justice.

The retirement age for members of the Supreme Court is 70.

Since the minimum age is 40, Escudero said, “Isipin mo, kulang-kulang tatlong dekada uupo ‘yon doon, maliban na lamang kung mamamatay, magkakasakit, o mai-impeach.”

“Ang dapat timbangin ng JBC at ni Pangulong Aquino, gusto ba natin gano’n katagal?” he asked.
“If you’re after stability and predictability of decisions of the court that will last a long time, then perhaps you might want to go after that,” he said.

On the other hand, he said, “If you’re after a new perspective ever once in a while…then that will be subject to the exercise of the President’s wisdom.”

More than 20 years in the position is too long even for a good chief justice.

Let’s continue watching closely this important process in our democracy.

Published inMalayaSupreme Court

80 Comments

  1. Oblak Oblak

    I see nothing wrong if the new chief justice is young provided that he or she should come from the current roster of SC justices.

    Ang nakikita lang kasing problema, tulad ng mga politiko, ay kung bata ang chief justice, matagal bago mapalitan. Baka nga pag tapos na term ni Binay tsaka pa lang magpapalit ng chief justice.

    Teddy Boy Locsin, susmaryosep naman. Subdued at male version ni Brenda. Wala namang alam sa batas, puro lang angas.

    Ms. Ellen, para namang misleading ang title ng article kasi karamihan sa mga nanominate, mga thundercats na rin.

  2. vic vic

    The first woman to be appointed the CJ of Canada SC was only the 3 rd woman appointed to the SC…and at age 57 became the 17th CJ of the SC and here is what the CJ is all about…

    About Beverley McLachlin:

    Beverley McLachlin is the first female Chief Justice of the Supreme Court of Canada and was the third woman appointed to the Supreme Court of Canada. Beverley McLachlin was also the first woman appointed to the BC Court of Appeal and the first female BC Supreme Court Justice.
    Chief Justice of Canada:
    2000 to present

    Birth:
    September 7, 1943 in Pincher Creek, Alberta
    Education:
    BA, MA – University of Alberta
    LL.B – University of Alberta
    Profession:
    Lawyer and judge

    Career Highlights of Beverley McLachlin:
    Beverley McLachlin was called to the bar in Alberta in 1969.
    She practised law with Wood, Moir, Hyde and Ross in Edmonton from 1969 to 1971.
    Beverley McLachlin was called to the bar in British Columbia in 1971.

    In British Columbia, Beverley McLachlin practised law with Thomas, Herdy, Mitchell & Co.in Fort St. John from 1971 to 1972 and then with Bull, Housser, and Tupper in Vancouver from 1972 to 1975.

    In 1974 Beverley McLachlin began lecturing at the University of British Columbia, and she later became a full professor there.

    Beverley McLachlin was appointed to the County Court of Vancouver in 1981.

    Later in 1981, McLachlin was appointed to the Supreme Court of British Columbia.

    Beverley McLachlin was appointed to the Court of Appeal of British Columbia in 1985.

    McLachlin became Chief Justice of the Supreme Court of British Columbia in 1988.

    McLachlin was appointed to the Supreme Court of Canada in 1989.

    Beverley McLachlin was sworn in as Chief Justice of Canada in 2000.

    She is 69 years old and will be retiring at age 75…
    And this Lady CJ is supreme. she is simple and writes and speaks in everyday English for everyone to readilly understand what she meant

    Her advocacy is to make the access to Justice for all, a Basic right just like the Medicare and Education..as of now only the very rich and the very poor can get the access affordably while the Middle income segment has to toil for their legal cost.(the poor can avail the legal aid and the rich can well afford to pay from out of pocket while the middle income class may have to take a mortgage for their houses and properties.

  3. Oblak, Kim Henares, I think is 42 years old. De Lima is also in her 40’s.

  4. Lurker Lurker

    Much prefer Dean Raul Pangalangan. He’s also into women’s rights/repro rights, apart from his law credentials.

  5. Mike Mike

    Between De Lima and Kim Henares, I’d go for Kim. She might be viewed as a palace toady but that is expected of her since she is part of PNoy’s cabinet. But I feel that once she becomes CJ, she’d become her own man/ girl. Heard and read a lot of good things about her. The only downside, as I’ve mentioned in the other thread is her being Chinese. The same issue raised against Justice Gregory Ong. Ong was disqualified because of the “natural born citizenship” issue.

    As for De Lima, her being biased is so obvious. To think that she is a Justice Sec.

    Just my opinion.

  6. Mike Mike

    #3

    Ms. Ellen, if I’m not mistaken Kim Henares is already in her late 40s or early 50’s. She looks really young for her age though.

  7. Oblak Oblak

    Si De Lima ay nasa 50’s na, indi ko lang alam si Henares.

    Kung pipiliin din lang sila na more than 15 years din mag serve as Chief Justice, mas maganda na si Justice Sereno ang ma appoint na 51 years old.

    Hindi maganda kay Pres. Aquino na mag appoint ng cabinet member as Chief Justice, kahit ano pang independentcompetentownpersonekeke ang sabihin ng palasyo.

  8. rabbit rabbit

    daming namn comment ni chiz ayaw nya kay carpio kc pagit daw ngayon ayaw din nya sa mga nominated kc bata daw,, gusto nya ata sya nalang..

  9. baycas2 baycas2

    Studies…

    Senior citizens

    Because of the mandatory retirement age of 70 years, naming senior citizens to the high court has triggered a fast turnover rate of justices. Cory Aquino and Arroyo performed well in this regard though – the justices they appointed had the longest average tenure (eight years).

    In contrast, Estrada’s appointees served the shortest tenure (five years), while Ramos’s appointees, 6.4 years.

    This is clearly a regression from the time Tate did his study on the composition of the high court from 1901 to 1968, or before Martial Law.

    In Tate’s time and study, 57.1 was the mean age of Supreme Court justices, and their mean tenure, 9.2 years.

    In the Gatmaytan-Magno study, from 1988 to 2008, the mean age of Supreme Court justices was 63, and their mean tenure, across all four former presidents, from 5.2 to 8.1 years.

    Before Antonio Carpio, it was a Ramos appointee, Hilario Davide Jr., who had served the longest or for 14 years. Davide spent seven of those years as associate justice, and the next seven, as chief justice.

    If the incumbent justices were included in the sample, Gatmaytan and Magano say the justices’ tenure would inch up to seven years on average, but still shorter than the 9.2 years average tenure of the justices until 1968.

    This would explain why the Philippines had 41 appointees to the Supreme Court between 1988 and 2008 while the United States had a mere seven during the same period. All seven were still at the U.S. high court at the close of 2008.

    In 2009, seven more new justices were appointed to the Philippine Supreme Court. – PCIJ, May 2011

  10. baycas2 baycas2

    What about the downside of having a 4-termer Regular Member of the JBC who is now 15 years old in the Council?

    gloria arroyo extended retired Justice Hermosisima’s stint at the JBC thrice.

    They said the longer one stays there the better for him/her to choose the nominees in the short list.

    Hermosisima, mid-80 years, chairs the present JBC.

  11. baycas2 baycas2

    I see the wisdom of appointing an incumbent SC Justice but I still don’t prefer P.Noy to do just that.

    I just wish that a nominee in the short list to include someone coming from the ranks of judges from the lower courts…preferably representing Visayas or Mindanao.

    Among the 5 seniors in the present SC, only J. Peralta originated from the ranks in the Judiciary.

    Well, the inevitable may always happen…

    I see nothing wrong if the new chief justice is young provided that he or she should come from the current roster of SC justices.

    May we have statistics on the percentage of SC reversals each of the 5 seniors had in their respective ponencias?

    I believe it’s part of individual performance rating. More ponencias reversed may mean something wrong in the penned decision.

  12. pranning pranning

    15 June 2012

    My take on the appointment of CJ of SC has to be changed. As long as the President has a hand in the CJ and SC justices, it is still the same, they will always be beholden to the appointing authority.

    My point here is, we are always copying the US style of governance, why not make it an election to the SC. How to do it is really up to the leadership of the country. But at least you can remove their (SC member)owing their position/appointment to the President.

    The JBC, is nothing, they always play politics and bata-bata system din naman. How can you say independence of the SC justices if there are legislators who are members of the JBC and chooses who to be appointed and the president approves it or not. Where is their Independence from the executive and legislative?

    If the SC Justices are elected, then, we can truly say their Independence from the executive and legislative.

    My own opinion lang po ito. Salamat po

    prans

  13. prans,

    Election of justices under the traditional “elections” will bring us back to “pera-pera lang” sytem. You cannot win if you don’t spend big bucks. This will breed more corruption.

    If I would amend your proposal, I would want that the election be made only among judges themselves, no outside influence from forces that are alien to the system. The minimal expense from campaign fund will all be provided by the Judiciary. Preliminary selection will be by region reducing to 3 the roster of candidates and final voting done by regional representatives – one for each RTC. The votes will be based, naturally, from performance – the speed and weight of the decisions made. Controversial candidates will be avoided this way.

    The same procedure will be followed for CA and special courts.

    That way, aspiring justices will ensure that they follow time-honored traditions on the delivery of justice leading to a more independent, transparent, and predictable selection process.

  14. J J

    Sabi daw kasi ni former CJ Puno, the next Chief Justice should heal the wounds. Ayan, may nag-apply tuloy na nurse.

  15. chijap chijap

    @j haha! nga naman!

    @baycas

    Among the 5 seniors in the present SC, only J. Peralta originated from the ranks in the Judiciary.

    Excellent observation and point. So following the insider logic, they are not insiders but rather political appointees.

  16. pranning pranning

    15 June 2012

    Tongue, thanks for you comment and that’s exactly what i want say, i just forgot to mention it. Anyhow, it is correct to assess and leave it to the justices from RTC and up to choose among themselves the CJ of SC, then we can truly say that the SC is truly independent.

    Thanks bro.

    prans

  17. dan1067 dan1067

    For delicadeza and impartiality those who belongs to pnoy’s camp especially for those who testified against Corona must refuse their nomination to CJ post.

  18. tru blue tru blue

    Why even discuss Chiz’s concern. Age requirement is settled law, it’s in the constitution. Otherwise, he must agree also to limit terms of each politician to just 20 years, any combination in elected office from the lowest to senator.

    US Chief Justice Roberts was only 50, when Dubya nominated him to ensure right-wingers will have the upper hand in the SC.

  19. vic vic

    baycas 2 @ 9 : also the retirement age in the US is the same as in Canada at 75 and the SC is only 9 Justices (inclusive) while the Phl is 70 and 15.

  20. Becky Becky

    # 16.”Sabi daw kasi ni former CJ Puno, the next Chief Justice should heal the wounds. Ayan, may nag-apply tuloy na nurse.”- J

    Hahaha.She is really funny. I like this Jocelyn Esquivel.

  21. saxnviolins saxnviolins

    # 21

    No the US is not like Canada. A judge (including justice) serves until he retires, or dies.

    Justice John Paul Stevens served until he turned 90, two years ago.

    Antonin Scalia is now 77, and Ruth Baader Ginsburg is 78.

    Oliver Wendell Holmes also served till he turned 90.

    David Souter retired at the “young” age of 70 years old.

  22. saxnviolins saxnviolins

    Nobody has been nominated from the Court of Appeals or the RTC?

    http://newsinfo.inquirer.net/213173/8-sc-justices-4-cabinet-execs-among-27-nominees-for-chief-justice

    We have a clueless impeachment witness, who says she has the edge, because she has been a client, and her case has worked its way from the labor arbiter to the NLRC, to the Supreme Court. So she is qualified to be appointed CJ.

    My physician friend (general practitioner) has been through the whole gamut of tests because of his ischemia (heart ailment). Does that qualify him to be appointed as chief cardiologist of PGH?

    We have an election lawyer. Gapang practice is what election law is all about.

    There is a father nominated by his son. Anak ng kuwagong duling naman; ang kapal.

    We have academics whose appearance in court is about as frequent as snow in the Sahara.

    That is the problem with this nomination process. Had the old practice been kept, where the President’s men looked for qualified people to present to the President for his nomination, and confirmation by the Commission on Appointments, then we would not have this “ang guwapo ko, ang galing ko” circus. Of course, disimulado. It is a friend saying ang guwapo ng credentials ng kaibigan ko.

    A search by the President’s men, by definition, requires that the prospective nominee shine in his area, to be noticed. He/she, therefore, is motivated to excel in his craft. But if one is encouraged (by the process) to apply, one tends to trumpet one’s expertise, instead of it being noticed, as a consequence of brilliance.

    Case in point, the academics appointed in the past were experts in some field of law. Every sitting justice acknowledged the expertise of Ramon C. Aquino in criminal law. Ditto for Enrique Fernando (one I disliked), in political/constitutional law. Cuevas is the master of remedial law.

    Of old, we have Justice Thomas Street (justice in the Commonwealth era), who was in the civil code committee, and translated the Spanish civil code to English. In contrast, Cory appointed Flerida Ruth Romero; although two contemporaries had greater scholastic acclaim – Araceli Baviera and Ruben Balane.

    Yan ang problema. Nominations encourage trumpeting, like Corona’s peke credentials, and a loving son nominating his father. Sa delicadeza na lang DQ (disqualified) na.

    Nominations emphasize who you know – whether it is the person nominating, who must also be of stature, or, more importantly, the people close to the appointing power

    Kung search yan, yung dati nang makinang ang magniningning. Kumpara niyo na lang yung products of a presidential search – JBL, Thomas Street, Manuel Briones of Cebu, etc.

    Now compare that to the products of the JBC nomination process. No, I don’t mean your much hated Renato Corona. Compare Manuel Briones (before appointment) with his nephew Celing Briones Fernan (before appointment).

    Look at the Cory appointees, Ramos appointees, and Goyang’s. Bilang ang exceptional, and in the league of the names above. Offhand, I can only think of Vicente V. Mendoza, who excelled in his chosen field – constitutional law.

    I think the nurse applied as a commentary on our society; how grossly immature we are, despite the self-congratulatory swagger after the impeachment conviction. If you gave some of the names bruited about to Macoy, Diosdado Macapagal, or Elpido Quirino, they might have torn up the paper in your face.

  23. Oblak Oblak

    #14 praning and 15 TT – Ang opinion ko lang, magulo din kung ininvolve ang mga judges sa selection process.

    1. Maraming judges ang appointed ni FVR, GMA at Erap na questionable ang appointment, yung mga nadaan lang sa bulong endorsement ng politicians. Yung mga gustong maging judge para yumaman. kaya karamihan sa kanila may naka pending na administrative cases for gross misconduct and gross ignorance of the law. Classic example si dating judge Pornillos na nadismiss dahil nangutang ng P5,000 sa abogadong may kaso sa kanya.

    2. Bloated ang mga ego ng ibang judges at mga astig at mayabang inside and outside the courtroom. Yung iba may sayad pa tulad ni dating Judge Floro na healing judge at nag coconsult sa dwende, si Judge Alarcon ng Manila na nanampal ang staff sa harap ng madaming tao o si Judge Angeles ng RTC Caloocan na kakambal yata ni Brenda. Even si Justice Amelita Tolentino na Judge sa Webb case, may pagka Brenda rin.

    3. Ang mga judges mismo nag aaway, nag susuntukan at nag kakalmutan ng mukha para lang maaappoint na Executive Judge. May mga suhulan din nangyayari kapag election ng President ng nga associations ng mga judges. Natatandaan nyo ba si Judge Eugenio na dating President ng association of RTC judges, close friend/supporter ni Corona na nagbitaw bilang RTC Judge ng Manila para maging Deputy Court Adminsitrator. sya ang nag oorganize ng mga walk out ng court employees sa Manila nung impeachment trial ni Corona

    Hindi ko nilalahat ang judges, maraming matitinong judges pero sila yung mga tahimik lang, yung mga hindi nakikisawsaw sa mga higly publicized issues.

  24. Mike Mike

    This just reminded me of ex-CJ Hilario Davide Jr.endorsed by Lucio Tan. If I remembered correctly, this is the guy who is atat-na-atat to become CJ.

  25. tru blue tru blue

    @#23: No the US is not like Canada. A judge (including justice) serves until he retires, or dies.

    Not so fast. Or removed fron the bench thru impeachment and conviction. Only federal and some state judges are appointed for life.

  26. Rudolfo Rudolfo

    JUDGE:

    J)=Means,Justice or Judgmental on an equality of the Law being applied, to poor and rich people, either they are Ugly-Bad and Good.. ; U)=Understanding of all circumstances-environments involved; D)=Devoted or Dedicated to his/her services at all cost; G)=Gorgeous and Great in Wisdom-knowledge of the Laws; E)=Equality or balance of the thoughts and mind, normal human being 100% ( walang tupak,walang waoohh,no walkouting, not sickly, etc…)…If they don’t have these attributes or traits, they can’t be a good Judge or Chief Justice in the SC….Then,we will always “back to square one “..paulit-ulit…This is risky and time money wasting “Fun” in the Philippines…When can we have a True and Strong Philippines ?…True-credible and honorable Lawyers are the “back bones” of a better governance in the country..my penny worth of analysis of thought..

  27. Rudolfo Rudolfo

    The four pictures of 4-Lawyers, above, says, “read my lips”, etc..the two are closely tight, meaning secretive-lots of hidden agenda, the other two, the lips and teeth are open, meaning be very careful,” I’ll bite you”, if you’re not careful and unbalance..hahaha!, just to add humor to the serious discussion about the Choice of CJ in the SC…These “facial gestures” can add features in the selection or nomination by the JBC for the vacant JC vacated via a guilty decision by the IC-20 Senators to RCorona..

  28. saxnviolins saxnviolins

    # 27

    That goes without saying. We, after all, copied the concept of impeachment from the US.

    Before Renato Corona’s conviction, many were bandying around the conviction of Judge Claiborne.

    And I did mean Federal judges, including justices. All my examples were US Supreme Court justices.

  29. dan1067 dan1067

    The kind of Teddy “boy” Locsin, a subversive journalist- not fitted in CJ post in my humble opinion.

  30. re #25 Oblak, the reason why there are characters like that in the Judiciary is because they were appointed and supported by their political patrons. Mas mataas ang nag-appoint, mas matibay, o mas mayabang, mas abusado. The vicious cycle has to be stopped at this point.

    If lawyers are aware that their brashness or mischief will spell doom for their prospective careers, they will avoid doing those. Kagaya nung nagkokonsulta sa mga dwende, hindi maappoint yan kung noon pa, mga huwes mismo ang pumipili ng kandidato.

    Yung inaalagaan ng politiko, meron kaagad inaabangang kapalit yan, hanggang sa Committee on Appointments ng parehong kapulungan, plantsado ang daraanan. Kaya ayun, nababoy ng husto ang Hudikatura dahil yun ang inaasahan nung “lumakad ng papel” niya.

  31. Ang dapat lang namang iwasan e yung magkaroon ng old boys’ club kahit sa ano’ng organisasyon. Baka kasi dumating ang panahon na kontrolado halimbawa, ng isang Frat sa UP, ang lahat ng mabibigat na posisyon doon. Hindi malayong mangyari na ang Sigma Rho ang magdikta sa takbo ng hustisya sa bansa. Kunsabagay, ikukumpara mo sa mga pipitsuging Law Schools, siguradong mas kampante ka sa Sigma Rho. At the very least UP sila.

  32. Oblak Oblak

    “Kunsabagay, ikukumpara mo sa mga pipitsuging Law Schools, siguradong mas kampante ka sa Sigma Rho. At the very least UP sila.” ARAY naman.

  33. MPRivera MPRivera

    Tongue, bakit naman? ano ba’ng problema kung sila ay miyembro ng Do Rho Bo?

  34. dan1067 dan1067

    May God pick the “righteous one” for the good of our country.

  35. acibig acibig

    it baffles me that philippines is the only country where EVERYBODY FEELS he is qualified to be CJ, president, senator congressman and mayor. From actors and athletes down to street sweepers and manicurist. Pinoys have a strong sense of delusion that they can serve and do good. Sometimes ,the best way to show your love and serve a country is by not serving so that the more qualified people can occcupy the post. If a woman is 5 feet and lower, no way will she be a beauty queen, a guy 5 feet and below will never be a NBA player, if you are bad in math, no way you will be an CPA. So please ,know your limitation, if you feel someone is better than you, then that means you are not qualified for that post

  36. saxnviolins saxnviolins

    # 33

    In Macoy’s time, columnist Joe Guevarra joked that a requirement to be appointed as Supreme Court justice was that one be a member of the Upsilon Sigma Phi.

    1. CJ Iking Fernando,

    2. Estanislao Fernandez,

    3. Ramon C. Fernandez (Valedictorian of Macoy’s class, not the basketball player),

    4. Vicente Ericta (yes, the famous bar scandal father. Iking Fernando rechecked the son Gustavo’s paper, to make him pass)

    5. Hermogenes Concepcion.

    Querube Makalintal was appointed by Macapagal, but appointed by Macoy as CJ.

    Noong panahon ni Cory, the pa-alps (Alpha Phi Beta) were in the corridors of power. Cory had Magdangal Elma, Oscar Orbos, Bobby Lucila. Hehehe Alvarez, etc.

    Then Goyang brought in the Ateneans.

    In the Supreme Court today, there are two Sigma Rhoans – Antonio Carpio, and Presbitero Velasco.

    There is on Alphan – Jose Perez,

    There are two from Lex Talionis of San Beda – Jose Mendoza and Bienvenido Reyes. Tatlo sana, kung nakapasok si Greg Ong.

    The Ateneans, I do not know if they are Aquilans or Utopians – referring to Del Castillo, Abad and Brion.

    De Lima would be the first from her confraternity, the Lambda Rho.

    Raul Pangalangan is from Alpha Sigma, the same frat as Goyang’s Mike Defensor, who was Lord Chancellor (bossman)of the frat.

    Wala pang naa-appoint from my group, the frating gutom at frating lasing.

  37. Ang tanong kung sakali ba may pumalit na kay Corona ay maaari na bang makasuhan talaga ang mga Ampatuan? Alin ba ang mas karumal dumal ang ginawa ang kay Corona, GMA, o ang mga Ampatuan? Bakit si Corona at GMA lang ang ginigipit o kinakasuhan. Ang mga Ampatuan wala na akong nababalitaan. May takot ba sa kanila?

  38. # 38. Wala pang naa-appoint from my group, the frating gutom at frating lasing.- SnV

    I-nominate ka kaya namin, SnV. Anong malay mo, magkamali si PNoy.

  39. Ellen, I agree 100%, walang duda.

    …Na magkakamali si Pnoy.

    ******************

    Ako naman sax, member ng Kappa Pi Pi. Nilipad tuloy yung nomination ko.

    Fellow din ako ng Toma Suka Tumba Gapang Kama Honor Society.

    ******************

    Nagkalat ngayon mga Atenista sa gobyerno, di lang sa Korte. Kaya palpak. Joke.

  40. MPRivera MPRivera

    ibig sabihin kapag na-nominate si atitiway sakstsupon este saxophone and violence pagkakamali la’ang ang magiging tsansa niya para ma-appoint ni penoy?

    das anpeyr naman.

  41. chi chi

    Why not, nominate natin si atty sax, he’s more than qualified dyan sa mga names na nagsusulputan.

  42. saxnviolins saxnviolins

    Popo Lotilla has declined.

    http://www.abs-cbnnews.com/nation/06/17/12/popo-declines-cj-nomination-says-seniority-tradition

    Hats off sir. While your colleagues from UP have been jockeying for appointment since Goyang’s time, you have stood your ground. Bata ka pa. I hope you get appointed to the Court of Appeals. From there, aabot ka pa sa Kataas-Taasang Hukuman.

    Popo is a barbarian; UP-speak for non-fratman – a name harking back to ancient times, when the world was divided by the Greeks (frats with Greek letters for names) and the barbarians.

    Kung magkamali man kayong mag-nominate, I will decline for more ignoble reasons.

    Ibig mong sabihin araw-araw kong kausap yang mga senior citizen na yan?

    RTC, puwede pa. That is where the young lawyers appear. At least busog ang mata ko, when Maciel Jimenez appears.

  43. saxnviolins saxnviolins

    Seriously, Popo drives home a valid point. Kung ayaw ni Noy ng gapangan sa kaso, he should start it, by discouraging gapangan for appointments.

    Ikaw ang pinuno Sir. Ikaw ang dapat na mauna.

    If true judicial seniority is considered, the most senior in the bench would be Villarama, Del Castillo, Mendoza, Bersamin, and Bienvenido Reyes.

    Perez? A court administrator is not a judge. He does not decide cases. Gapang din yan, like the first one, Medialdea.

    I consider Carpio an outsider, because he was in private practice, then the Office of the President, before the SC. That is the ultimate gapang, being the President’s adviser, and being appointed to the Supreme Court. Imagine if George Bush got Harriet Miers confirmed.

    Okay, so Harriet Miers was some incompetent. That still does not make it less gapang, if the woman were competent. Imagine if JFK lived, and appointed the competent RFK to the Supreme Court. Gapang din di ba? In fact that was the objection to Arthur Goldberg.

    Same goes for Velasco, who was in the executive, before the Court of Appeals – walang trial court experience. Same goes for Teresita de Castro, who was from the DOJ.

    The Supreme Court appointees who came from the CA but not the trial courts should be the exceptional ones, like JBL Reyes and Roberto Concepcion. Gapang din yang galing sa executive to the Court of Appeals, the likes of Arturo Brion and Presbitero Velasco.

    So among those who rose from the ranks, we have Villarama – old, but with no scandal to his name. Mendoza, no scandal. Del Castillo, plagiarist. Lucas Bersamin, I refuse to say libelous things, but read Winnie Monsod’s articles about Bersamin’s ponencias. Bienvenido Reyes, batang Noy, and involved in the Camilo Sabio-Court of Appeals tussle for the case involving Meralco and the Lopezes.

    Who then, are the seniors worth considering? Villarama and Mendoza.

    So based on Popo’s principle of seniority, and my refinement, considering judicial seniority and not Supreme Court seniority, the Bedans should nominate Mendoza. Judicial seniority keeps the the frontlines (RTC) motivated; and it is at the frontlines that we need excellence, because they are the face of the judiciary to the common tao.

    Kuya Rene Saguisag. Do I hear a nomination Sir?

    Sorry for the disloyalty UP. But our gapang alums have been disloyal to our tradition of excellence.

  44. saxnviolins saxnviolins

    Sereno?

    She is the most junior. Walang judicial experience before the Supreme Court.

    Her Hacienda Luisita valuation also disqualifies her in my eyes. It is the Hacienda which should pay back rent from 1968, for the land from which they profited, when said profits should have inured to the farmers’ benefit. Ang Hacienda pa ang may mukhang maningil?

  45. Hats off rin ako kay Popo Lotilla. Ituloy na lang daw ang seniority tradition kesa isa na namang controversial appointee. Bravo.

    If I’m not mistaken, I was 4th yr when he became Editor in Chief of the Collegian. He eventually became Law professor short of becoming the dean after college. He was a very modest person and lived a simple life.

    Sabi ng mga contacts ko sa Dept of Energy, kundi pa binigyan ng kotse ni Gloria, namamasahe lang daw noong simula. Sa apartment nga lang daw umuuwi. Kunsabagay, nung law professor na siya, sa student dorm lang yan umuupa. Malayo sa mga predecessors niya na sina Isidro Camacho at Vince Perez.

    Pabayaan na muna natin si Popo sa private sector. Matagal na rin ang sakripisyo niya sa gobyerno. Baka ngayon pa lang kumikita ng maganda yung tao. Bata pa naman siya.

  46. saxnviolins saxnviolins

    The text of Popo’s letter; from Romeo Bernardo’s column at Businessworld.

    “In the past, I took the position that in a highly politicized context as in the Philippines, appointment to the office of the Chief Justice based on seniority is a tradition that minimizes the jockeying for appointment from within and outside of the Court. I still have to be convinced of the wisdom of departing from that view.

    “Without any legal compulsion behind it, this tradition was, in instances few and far between, set aside. But, time and again, its restoration has been welcomed with relief, like a lost valued symbol of character regained anew. Today, we have an opportunity to restore the tradition — or completely to overturn it. It reminds me of a story told, apocryphal perhaps, that the much venerated Justice Jose B.L. Reyes — who was older in age but less senior in tenure in the Court than the respected Roberto Concepcion — was considered for appointment as CJ to allow him to occupy the Court’s highest position. J.B.L., it is said, would have none of it.

    “The tradition of seniority has a way of muting political ambitions and insulates to some degree the office of Chief Justice from the patronato system. Over the long term, particularly under future presidencies whose virtues we are unable to anticipate at this point, adherence to the principle of seniority may still be our best option. Restoration of the tradition, which is entirely of Philippine innovation, would then shift the national focus to the quality of every future appointment to the Court, and away from the position solely of the Chief Justice. Would not this be in better keeping with the collegial character of the Republic’s Supreme Court?

    “I suggest that only for overwhelming reasons, such as the inability of the incumbent members of the Court to redeem themselves and the institution, should we consider appointing from outside of the Court. Whether these weighty considerations exist, the appointing power can be a better judge from the unobstructed view of the leader’s lair. But my own individual assessment is colored with undisguised optimism: that the members of the Court, individually and as a collective, have distilled from recent experience lessons of primordial import for rebuilding and strengthening national institutions including the Court itself.

    Wishing you all the best with a reiteration of my profound thanks,

    Sincerely yours,

    Popo/ Raphael P.M. Lotilla”

    Amen.

  47. sax,
    Speaking of Bedans, paano kung kasama mo si Edgie Paras. May ka-jamming ka na, sax. Gitarista rin si Edgie na descendant nina Chief Justice Ricardo Paras (lolo) at Asso. Justice Edgardo Paras (ama). Parang si Duane Allmann kung tumugtog yan. Payag ka nang ma-nominate?

    I can guarantee you a 25% chance of appointment!

    There’s a 50-50 chance that Noynoy will make the wrong appointment.

    You will be within the wrong 50%. Then it’s 50-50 either you get it or not. Despuez, 25%! Lol.

  48. saxnviolins saxnviolins

    Wow. A la Duane Allman. Sige. Kahit Supreme Court chaffeur.

    Hanapin nila si Walter Wirth ng Petrified Anthem Court Bailiff, para mas oks.

    Maganda yang stat analysis mo. But you did not factor in the population of candidates.

    Noy has a 50-50 chance of making a wrong choice. But I do not have the whole 50 percent of the wrong choice, because there are others who are not qualified. There are 28 candidates. If you exclude the sitting justices (earlier qualified by the JBC), then there are 21 unqualified. Plus myself, there are 22 unqualified. So my chance is 1/22 times 50 percent.

    But before I get to Noy, I must hurdle the JBC. So that is 50 percent times 1/22 times 1/7 per vote of the JBC. The percentage is .0032 or 32/1000. I now multiply those odds four times, to get four votes of the JBC.

    That gives me a 0.0000000001111212540616
    chance of getting nominated.

    Bibili na lang ako ng lotto. Or manliligaw ako ng beauty queen.

  49. Ang tindi ni Popo. Mas lalo akong bumilib nung na-Google ko itong 5-year old article ng Inquirer.

    He taught at the UP College of Law and was already serving as university vice president for public affairs in the early 1990s when he chose to continue to live at Narra Residence Hall.

    Further,

    In fact, at one point, Popo’s Spartan lifestyle and passion for the law and public service inspired many of his former students and colleagues at the UP College of Law to consider embracing their own personal vows of poverty.

    “We were a group of young lawyers who were inspired by Popo to join the academe and to serve,” Susan said in an e-mail. “Somehow, without at all being preachy and through sheer example, Popo made us believe and want to change the way things were through our abilities and expertise as lawyers.”

    The group included former defense secretary Ruben Carranza and other prominent attorneys such as Teddy Te, Tony LaVina and Meilou Sereno.

    Full article by Benjie Pimentel in the link above

    Ibang klase, diba. Makes us proud, ha.

  50. saxnviolins saxnviolins

    Ellen:

    Should make you proud as well. He is from Sibalom, Antique.

    Know the guy personally. Common knowledge yang vow of poverty, for that generation of law students of the late 80s and 90s; yung panahon nila Gibo.

    Dapat i-demanda yan for unexplained poverty.

  51. Magkasundo talaga tayo sa tugtugan hahaha. Nakita ko kelan lang si Walter (o si Bob Wirth? Now I’m not sure. Hirap ng naii-stroke e.) sa audience ng isang gig ni Wally Gonzales.

    Yeah. Pet Ant. Something For Everyone o yung Waiting To Be Found?

    The good stuff more than 30 yrs ago. Wow.

  52. saxnviolins saxnviolins

    You suffered a stroke? Or are you being stroked?

  53. Suffered. I wish it was the latter. After Father’s Day comes Father’s Night (or Father’s come) ROTFLMFAO!

    *************************************

    Nagkaissue na pala si Lotilla at Pangalangan. Na-trauma na siguro, hehehe.

  54. Suffered. I wish it was the latter. After Father’s Day comes Father’s Night (or Father’s come) ROTFLMFAO!

    *************************************

    Nagkaissue na pala si Lotilla at Pangalangan. Na-trauma na siguro, hehehe.

  55. Popo is a relative. Yes, he is so unassuming.

    Natawa nga kami because when he became Energy secretary, he had to stop teaching at UP. That means he had to leave UP dorm.

    It so happened that he had a cousin, who had a house in Dasmariñas Village, who relocated to the States but didn’t want to give up the house. He told Popo to occupy the house.

    Popo was worried because some malicious people might think that bago pa lang siya sa DOE, nagkabahay na sa Dasma.

  56. One time, I had a lecture at UP Masscom, I didn’t know where the Masscom building was. (Hindi ako taga-UP). I was in a taxi. I saw someone somewhere in front of the Oblation jogging. I pulled down the cab’s window and called out, “Excuse me, pwede magtanong.”

    The jogger stopped. It was Popo.

  57. chi chi

    Wow, at least meron kayong kilala na ganyan katindi ang character kay Popo Lotilla. Nakakasiya ang mga ganitong tao kahit nasa ibang dimension sila ng Pinas. 🙂

    Pwede bang ipagsiksikan natin kay Pnoy si Popo?

  58. saxnviolins saxnviolins

    Umaga na diyan. I hope makahabol ang aking recommendation for the nomination of Jose Mendoza.

    Yung mga Talionis diyan. Mauuna pa ba si De Lima, kaysa sa brod niyong nagtrabaho ng buong buhay sa hukuman?

    Sa mga namangha sa pagka-bilib kay Popo, here is some comic relief; Henares talking about her having the edge, because she was a client.

    http://newsinfo.inquirer.net/211465/henares-i-have-edge-over-all-chief-justice-bets

    Talk about chutzpah.

    And here is Roy Seneres saying De Lima is the pound-for-pound queen.

    I concur, if Roy is talking about her girth, not jurisprudential acumen.

  59. Chutzpah, is the word, SnV.

    Ibang klase talaga ito sina Henares and De Lima.

  60. saxnviolins saxnviolins

    Oh. Ito pa. Another lawyer who wants to hug the limelight. This time, it is in the US.

    Romulo Macalintal filed a complaint before the Attorney-General of Nevada, calling it a “class suit”.

    http://sports.inquirer.net/49093/lawyer-files-suit-over-controversial-decision-in-pacquiao-bradley-fight

    Attorney. You file a class suit before a court, not the attorney-general. A class suit is a money suit.

    So who are the defendants? The judges? You want the judges to pay the millions of fans? You expect people to opt-in into your suit?

    Ang Pinoy nga naman. Expert sa lahat.

    Andiyan din yung mga online petitioners against Miriam at the ICC. Kasama diyan yung nakasumbrerong (wig) abogado na si Vitaliano Aguirre.

    The petition is directed to the court. The judges of the court were appointed by the countries-members, through the votes of the representatives of the countries. The court, has no jurisdiction to oust one of their own. The appointees have no power to overrule the countries’ votes.

    Ang Pinoy talaga. Experts in their own minds.

    You want to do something worthwile Vit? Nominate your brod Jose Mendoza.

  61. MPRivera MPRivera

    para sa magigiting na responsableng ama:

    nakalimutan kong araw nga pala ng mga understanding men called fathers. mga lalaking hindi ikinahihiya ang pagiging masunurin sa mga taong hindi kaano-ano – asawa, biyenan, mga bayaw at hipag kasama na ang mga kamag-anak na pakialamero at palahingi sa nasabitang pamilya. mga tigasing lalaking hindi natatakot sa mabibigat na trabaho bilang patunay na sila’y responsable at walang inuurungan: tiga-paglaba; tiga-pagluto; tiga-linis ng bahay; tiga-alaga ng bata; tiga-pamalengke; at ang pinaka sa lahat – tiga-paypay sa asawa at biyenan kapag maalinsangan ang panahon. mga lalaking ang tanging pahinga ay paghaplos sa bukol at blackeye kapag umangal sa utos ng blackbelter na asawa.

    para sa inyo, may happy fathers’ day nga ba?

  62. MPRivera MPRivera

    # 45: “…….RTC, puwede pa. That is where the young lawyers appear. At least busog ang mata ko, when Maciel Jimenez appears.”

    tapos!

    magkaliga nga sila ni TT – Toma Suka Gapang.

    hindi nga sila nagkakalayo. mahilig sa makukulay na ilaw sa loob ng “korte” lalo’t ang mga empleyada at kliyente ay kurbada otso!

  63. chi chi

    atty sax, I appreciate your posts, reading them all.

    Sabi din ni Mr. Jake Macaraeg business wants de Lima and yeah it could be Leila. OMG!

  64. baycas2 baycas2

    Oo, chijap.

    Kaya gusto ko “insider” (from the ranks of judges gaya ng definition ni SnV) pero “outsider” (meaning…hindi kasalukuyang SC Justice).

    Mahaba pa ang panahon…July 2 na ang deadline, baka may lulutang pa…

  65. parasabayan parasabayan

    Yung selection daw ng CJ ay televised and they will give at least 2 hours for each candidate. Ilang buwan na naman yang papogi sa TV?

  66. dan1067 dan1067

    Yong mga hindi mananalo sa pagka CJ, tumakbo na lang senador open ang UNA hahaha!

  67. MPRivera MPRivera

    dan,

    alin ba ‘yung UNA na sinasabi mo?

    meron pa ba nu’n?

    di ba nakakulong ang UNAno?

  68. saxnviolins saxnviolins

    Justice Antonio Villamor was nominated by “Leonardo Da Vinci”.

    Still to be confirmed, whether Judge Florentino Floro was nominated by Frodo, or Bilbo Baggins.

  69. chi chi

    #68. Ay Mali! Yes, Ellen… read in his column Monday yata.

  70. chi chi

    Here’s the link to Mr. Macasaet: http://www.abante.com.ph/issue/jun1812/op_edit.htm

    “Ang huling balita namin ay si Justice Secretary Leila de Lima ang mapipili. Karapat-dapat din naman si Secretary De Lima bagaman, dahil bata pa (52 taong gulang) masasabing kulang sa karanasan at mangangapa sa Korte kung maging Punong Mahistrado.

    Ang malaking problema ay parang hindi naman talaga si Secretary De Lima ang napili niya. Ang totoo wala pa siyang napupusuan. Kaya lang malakas ang dating ng mga malalaking negosyante para kay De Lima. Kung hindi man si De Lima ang mapili, huwag lang si most senior associate Justice Antonio T. Carpio, puwede na sa kanila.”

  71. MPRivera MPRivera

    pagpasensiyahan n’yo na si chi.

    may over hang pa kasi ‘yung kanyang laptop.

    dahil baga inatake ng mabagsik na HIV (hyper-internet virus).

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