Former Energy Secretary Raphael “Popo” Lotilla wrote a letter the other day thanking friends who submitted his name to the Judicial and Bar Council, that will screen the nominations and submit to the Malacañang a short list (usually three names) from where the President will choose the next SC justice.
He was nominated by former economic managers and economists Roberto de Ocampo, Calixto Chikiamko, Gloria Tan Climaco, Bong Montes, Simon Paterno and Romeo Bernardo.
Yesterday, former Defense Secretary Gilbert “Gibo”Teodoro was nominated by Atty. Jose Mallari.
Teodoro, cousin of the President who ran for president last year under the Arroyo administration’s Lakas-Kampi ticket, has impressive credentials. A bar topnotcher, he obtained his Bachelor of Laws from the University of the Philippines (magna cum laude) and his master of laws at Harvard University.
Teodoro told a friend that he will decline the nomination and that he has the same position as Lotilla on the selection of the country’s Chief Magistrate.
Lotilla’s position is 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.”
“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.”
If Lotilla’s suggestion would be followed, acting Chief Justice Antonio Carpio, would be it.
Well like Lotilla said, “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.”
So the question is, sino dyan sa natitirang 14 justices ang capable of redemption? Lalong-lalo na, sino dun sa walo o siyam na ka-tropa ni Corona ang pwedeng pagkatiwalaan sa pwestong CJ?
the best sa akin ay si Simeon Marcelo.
Well, break the tradition for once until the SC regain its place and go back to it with pleasure when the time is right…for now, it would be much better if a few more member would do the J.B.L in a different yet as honourable and give way for the new Justices to join in…
I don’t really see anything good or bad about declining an SC CJ nomination. If anything, more to choose from is better than less.
Absolutely, none of the justices appointed by Gloria Arroyo should be considered. Fact is, the plagerist still has to be kicked out or, should resign, if this guy has any shame.
For the principled and qualified, it takes a lot of guts to accept a nomination.
A speedy institution re-building can only take palce when Gloria and her entourage are made to pay for their crimes. Until such time the government will continue to have credibility issues.
Did he do something to prevent the Ampatuan carnage? Ang tindi ng tanong na yan galing sa kapinuyan. Dapat lang na mag-decline sya.
Mismo, chi!
Don’t forget the irritating commercial feeds during one of Pacquiao’s better fights, the bluster about disaster preparedness ekek, then the absolute reverse when Ondoy came.
Gibo best exemplifies “Talk is cheap”.
re #5
Declining for nomination is the best for him. During the last presidential campaign, Gibo himself held captive by the incumbent administration.
He has regained his sense of decency.
I think his defeat in the last presidential election is a blessing in disguise for him.
#1 Antonio Carpio.
re #1
Anyone in the SC except GMA’s appointees!
#8. “He has regained his sense of decency.”
Was there a solid proof to this already? And even if he did, no way his ‘decency regained’ would erase his subservience to Gloria Arroyo that allowed the Ampatuans to massacre more than 88 pinoys. Some flaws or ‘lapse in judgement’ of public officials can’t just be forgiven and forgotten simply because they cost so innocent lives.
In my mind, I already backhoed him together with Gloria and the Ampatuans.
Agree with chi, #12.
And who knows, maybe the guy who nominated Gibo to the JBC did so at the behest of Gloria.
From Benjamin Pimentel’s article:
http://globalnation.inquirer.net/40573/the-curious-case-of-raphael-lotilla-who-said-%E2%80%98no%E2%80%99-to-a-cj-nomination
#13. Robert, that immediately came to mind, too. Who knows di ba? As long as the pandak is still alive and conscious she’d try and try till she finds another Renato Corona at SC.
Por dios por santo, huwag din si Art Brion, lapdog din sya ni Gloria!
Ellen,
“At the risk of annoying my friend by paraphrasing him, what he’s actually saying is this: “Letting a president choose the country’s top judge is a bad idea. Let’s do it by seniority. It’s not perfect. But that’s better than leaving the decision to a clown or a crook who happened to get elected president. ”
Parang hindi yata naintindihan ni Benjamin Pimentel ang proceso ng pagpili ng Chief Justice. It’s important to understand the role or the JBC and the president in the selection process.
1. The president cannot appoint anyone outside the JBC’s shortlist of nominees.
If he doesn’t like the JBC’s shortlist he can return it to them and ask for changes.
But if the JBC re-submits the same names to him then sorry na lang siya.
He will have to choose from the JBC’s list whether he likes it or not.
So kung masama ang mapili ng isang presidente, ang dapat sisihin ay ang JBC at hindi ang president kasi sa JBC nanggagaling ang pagpipilian ng presidente.
Sa madaling salita, garbage in garbage out.
2. Hopefully, this time around, the JBC’s shortlist will contain the names of candidates who are all qualified to become CJ.
Pero kung tatanga-tanga pa din ang JBC hanggang ngayon, tulad nung isinama nila ang pangalan ni Corona sa shortlist eh GIGO nga ang mangyayari. At kasalanan yun ng JBC at hindi ng presidente.
Seniority is not always the case sa pagpili ng CJ.
GMA also choose twice (well one was because Carpio declined) seniority:
– Corona was choosen over other more senior AJ.
– Panganiban was choosen over Puno.
And whoever made the comment about seniority should also consider the JBC automatically includes the five most senior. The youngest of the seniors can be selected by the President.
Seniority is also not always the best reason for one to be CJ. Ganun din naman as Military or other similar service. Seniority is tradition but not always the rule.
Besides, check and balance yan. The Court CJ is appointed by the President who is elected by the People. The CJ can be ejected by Congress who is elected by the People.
Yes bad eggs can disrupt this system for a period but it would remain good if we all make it good by our vote.
#17
I’m not sure about this. But as far as I can remember, Gloria never appointed nor considered Carpio as CJ even if his name was included in the JBC’s short list then. I remembered Carpio saying if Gloria does appoint him, he will decline. He even had his name pulled out from the short list, I think.
@Mike, # 17
Mike, of course Gloria at the time never considered Carpio or anybody else for the CJ position. It was Corona, and nobody else. Corona, her personal factotum, :).
@ Mike, # 18 pala, damned keyboard, :).
Sa aking Pananaw, una dapat lahat ng involve ( pati na tayo, etc..) ay mag-discern ng husto para sa hihirangin or appointed na CJ, kapalit ki RCorona..Alam na ang mga “negatives” y masama, kaya nga pinalitan na si RC..Yong mga nag-reject na maging CJ ay may-mabuting kalooban, at di sila silaw sa pwesto. Magandang kaugalian at pananaw ito o ang kanilang katauhan-pagkatao…Yong mga sabik naman na maging CJ, lumalabas na ang natural na ugali, ay papa-ano kung sila na ang CJ..Baka, mayroon silang “hidden agenda”..Kung mayroon mga 30-silang kandidato, dapat dumaan sila sa butas ng karayum o “tribunal” na dapat gawin ni Pangulong PNoy..Narrow to 15, then 5, then to 3, then select the best of the 3. Kaya lang mabilis ang panahon. iilang lingo na lang, ay dapat, mag-proclaim na ang Pangulo…Ngunit, dapat bigyan ng timbang, ang mga nandiyan na sa SC, except kung mayroong very qualified and highly outstanding na Judge or Lawyer…My food for thought, and concern for a change in the Nation’s SC..
re #12
chi I supposed you’re referring to #9
dan, I em sori… korek ka. I refer to Becky #9
there are now some 50 nominees and I am no lawyer and not that close to where the action is. But since the post is about Gibo not accepting the nomination, my comment is:
Good of him. At least now he has made the right decision. Unlike the time he decided to run as President under the party and backing of Gloria.
That was a really cuckoo decision for a supposedly intelligent man.
And I agree with MB (#16). Ang JBC ang screener. they have the very vital duty to sift, strain and wring out the nominated ones so that the president is left with practically snow-white freshly laundered linen to choose from.
A man of character, legal expertise and wisdom and administrative ability.
From Jess Dureza:
Supreme Court Justice Antonio Carpio had been patiently waiting “in the shadows” with quiet dignity and aplomb. Remember he was even bypassed in the past. Perhaps, this time, his time has come to be appointed Chief Justice. It’s not solely because he is a Davaoeno ( or because we went to the same Ateneo de Davao during those frolicking days) that I am rooting for him . But it’s more because the position deserves him . Being an insider of long standing, he knows the internal dynamics in the High Court and must know how to deal with the imperatives of reforms. Reforming the judiciary, we all know must be done by the judiciary itself. The constitutional fiction of departmental independence, co -equalness and separation will be better served that way.
He had shown judicial fortitude and independence of mind. He stood out as a consistent dissenter in his decisions during the GMA administration altho it was former President Arroyo herself who appointed him as member of the Court.
This is not only all about Justice Carpio, the persona. More importantly, it’s about restoring the time-honored and tested seniority rule in the highest tribunal. Although a presidential prerogative, giving priority to the most senior member, unless of course a serious factor dictates otherwise, somehow helps insulate the High Court and its members from the undignified circus that goes with the scramble for the post when a vacancy exists — as what is happening today. And what happened in the past. Please, let’s correct a wrong.
If indeed President Pnoy’s desire is to reform the judiciary and make it truly independent, he must see to it, first and foremost, that it is truly independent from him – no less. Choosing from known Aquino loyalists, with due respects to them who may really be truly deserving, will put in question the president’s public avowal for reforms. It will confirm apprehensions that he got CJ Corona removed and subjected the High Court to cathartic ordeal simply because he merely wanted to have full control of the highest tribunal of the land. Such a cloud will also be unfair to the new appointee, how truly deserving he or she may be.
Appointing Justice Carpio now is not only the call of the moment. It is Solomonic.
That’s my unsolicited advice, Mr. President. Ultimately, it’s Your Excellency’s judgment call that finally matters.
P. S. Oooops, excuse me, I forgot I’m no longer presidential adviser!
Very truly yours,
JESUS G. DUREZA
Former Presidential Adviser for Mindanao
If Noynoy truly wants a reformed judiciary, he must use his wisdom…if he got it.
Former Solicitor General Frank Chavez, a nominee to the Chief Justice post vacated by impeached Chief Justice Renato Corona, sent a letter (see below) to the Judicial and Bar Council (JBC) Friday questioning the composition of the council that vets and approves nominees to judicial posts.
According to Chavez, there should only be seven members of the JBC as mandated by the Constitution. He questions the ongoing practice of the council of allowing the two members from both Houses of Congress to have one vote each. This violates the charter’s provision that guarantees “a representative of Congress” one vote, Chavez says.
http://verafiles.org/cj-nominee-questions-jbc-composition/
# 26
Dureza, the Goyang stooge who was involved in the MOA-AD? May credibility ba yan?
He included barangays of Zamboanga in the MOA-AD, despite the objection of Zamboanguenos. Sinama pa ang central business and government district.
http://www.zambotimes.com/archives/11162-12-years-of-peace-talks-with-MILF,-wasted-a-Beng.html
Ang tapang naman ng hiya.
Kung true judicial seniority, junior yan si Carpio sa marami. In fact, he was even junior to his cousin, Carpio-Morales, who had already served 18 years (from 1983) in the judiciary when Carpio was appointed in 2001. if Carpio serves till the age of 70, he shall have served only 18 years in the judiciary, the time his cousin had already
served when Carpio was appointed.
Appointing Carpio is like appointing a competent Harriet Miers. Sige na, magaling. Pero gapang. Wala na bang iba?
The spirit should be a can do spirit, instead of a will do spirit. This guy will do, that gal will do as well.
Pati nga presidente will do candidate lang. Malinis, anti-Goyang. Kahit walang nagawa sa legislature, he will do.
#26
Ginoong Dureza,
Pipili ang presidente mula sa listahan na ibibigay sa kanya ng JBC kaya ang dapat sinusulatan mo ay ang JBC at hindi ang presidente. Ano ka ba? Kaya naman pala dispalinghado ang natatanggap na advise ni GMA mula sa kanyang mga presidential advisers.
Naknampucha naman etong sinulat mo :
“If indeed President Pnoy’s desire is to reform the judiciary and make it truly independent, he must see to it, first and foremost, that it is truly independent from him – no less. Choosing from known Aquino loyalists, with due respects to them who may really be truly deserving, will put in question the president’s public avowal for reforms. It will confirm apprehensions that he got CJ Corona removed and subjected the High Court to cathartic ordeal simply because he merely wanted to have full control of the highest tribunal of the land. Such a cloud will also be unfair to the new appointee, how truly deserving he or she may be.”
Basahin mo muna kaya ang constitution bago ka sumulat ng ganyan. Napakaliwanag kung ano ang procesong sinusunod sa pagpili ng CJ. Basahin mo din ang rules ng JBC.
I-endorso mo na lang si Carpio kung siya ang napupusuan mo. Huwag mo ng idamay ng padaplis ang presidente. Tutukan mo ang JBC. Garbage in garbage out nga yan kung ang listahan ng JBC pangit!
Nga pala hindi ba ikaw yung yumakap kay Andal Ampatuan sa halip na pinosasahan mo siya?
Because Dureza advises PNoy to choose Carpio, Carpio should tell Dureza to keep his big moth shut.. or else he will surely lose his chance of being selected.
Who wants to be endorsed by the likes of this guy? Tiriring na ‘ata.
I was laughing when Dureza said in his pahabol, “P. S. Oooops, excuse me, I forgot I’m no longer presidential adviser!”.
Did he expect that reminding Pnoy that he once was would upgrade himself in the eyes of the prez? Naglalambitin sa nakaraan si Dureza, trying hard to make himself relevant after Gloria.
I agree, Phil. Dureza’s endorsement makes Carpio less desirable.
Chi, Gloria’s creatures great and small are a wonder to behold.
Medyo tahimik na ang issue na ito. But it will heat up again kapag nagsimula na ang interviews.
In the mold of Sereno daw ang gusto ng pangulo. I was thinking more of CJ Moran, Paras, or Roberto Concepcion.
Sa ibayong dagat, ito ang CJ. I am not in agreement with many opinions of CJ Roberts; I side with the liberals. At kung writing ability lang, Antonin Scalia is it for me, whether liberal or conservative.
But the news this week on healthcare should define what a CJ is.
Ito ang analysis ni Terry Moran. I quote, dahil maigsi naman.
http://news.yahoo.com/blogs/power-players-abc-news/did-chief-justice-roberts-save-supreme-court-103301790.html
“Nobody ever went to a ballgame to see the umpire.” And yet, before the impeachment, right after appointment, si Corona, pa PR-PR; presscon rito, presscon roon.
Yang mga aspirants, ganoon din. Puro porma, hindi pa naa-appoint.