By Jomar Canlas, Jaime R. Pilapil and Ritchie A. Horario Reporters
The Manila Times
The Manila Times
Chief Justice Sereno during her oath-taking last Saturday in Malacañang. MALACAÑANG PHOTO
NEWLY appointed Supreme Court Chief Justice Ma. Lourdes Sereno should disclose to the public not only her wealth but also her state of mental health in the interest of transparency and to prove that she has the moral ascendancy and psychological fitness to govern the Judiciary, according to the Integrated Bar of the Philippines (IBP).
IBP President Roan Libarios said that it is ideal for the public to know Sereno’s true wealth and state of mind considering the significance of the position that she will be holding for the next 18 years.
“Generally, the result of the psychiatric test must be disclosed like the issue of SALN [statement of assets liabilities and networth] for the sake of public interest, provided that a waiver must be signed by her allowing to disclose it,” Libarios told The Manila Times by phone.
Sereno and Libarios were classmates at the University of the Philippines College of Law.
Sereno’s predecessor, Renato Corona, was impeached over the non-disclosure of his real assets.
The incident prompted several sectors to suggest that candidates for the top judicial post be required to waive the secrecy of their local and foreign bank accounts, if any.
On Friday, the Times ran a story about an 11-page psychiatric test report indicating that Sereno and Solicitor General Francis Jardeleza got the lowest grade of four in the mental examinations conducted by two psychiatrists and two psychologists on candidates for chief justice last month.
Records show that Sereno was interviewed on July 18, 2012 by the doctors. Despite her “unsatisfactory” mark, members of the Judicial and Bar Council (JBC) still included her in their shortlist of nominees for the post.
It is a policy of the JBC that an applicant to any position in the judiciary who garnered a grade of four shall be considered “Not Recommended.” The rule was changed in Sereno’s case.
Sources said that Malacañang officials and President Benigno Aquino 3rd were furnished copies of the report but would not disclose its contents. This runs counter to Palace deputy spokesman Abigail Valte’s claim that the report was unverified and that it did not merit a comment from them.
The least that the Palace can do, they said, is to ask Undersecretary Michael Frederick Musngi of the Office of the President to show his copy of the report, he being a member of the JBC who sat for Justice Secretary Leila de Lima.
Evasive
On the day her appointment was announced by Malacañang and when the Times story was published, Sereno fended reporters’ queries about the psychiatric test results.
When Justice beat reporters cornered her on Friday evening to comment on her appointment, she particularly evaded a question by Cecille Villarosa of GMA Network-dzBB pertaining to the Times report about her low mental test grade.
“’Di na muna natin ‘yan i-aaddress [We will not address that yet]. Today is the day of thanksgiving. So thank you very much, thank you for your time,” the new chief justice said.
In the 11-page Psychiatric and Psychological Report signed by four doctors and noted by a lawyer, Sereno was said to be “dramatic, emotional, all smiles and depressive.”
Sereno is “dramatic and emotional she appears energetic and all smiles and agreeable, but with religious preoccupation in almost all significant aspects of her life. She projects a happy mood but has depressive markers too. There is a strong tendency to make decisions based on current mood thus, outcome is highly subjective and self-righteous,” the report said.
Confidential
Lawyer Jose Mejia, a JBC member representing the Academe, said that there are no waivers signed by any of the applicants for the top judicial post or other positions in the Judiciary.
Mejia said that there was no waiver required because the psychological report was covered by the doctor-patient confidentiality rule.
“There are no waivers being signed by any of the applicants because it is covered by the doctor-patient confidentiality rule, unlike in the case of SALN or bank accounts there are waivers because it is a mere mathematical computation,” Mejia said.
He pointed out that only the psychiatrists or the doctors who conducted the tests can interpret the report.
“The applicants [like Sereno] do not even know the result of their psychiatric test whether they passed or failed,” he said.
President Aquino on Monday threw his full support behind Sereno whom he urged to restore the people’s trust in the judiciary and ensure fair justice despite resistance from fellow senior justices due to her younger age and alleged incompetence.
Mr. Aquino pulled a surprise on Friday when he named Serero, 52, as the 24th chief magistrate and the first woman to head the SC, besting more senior colleagues in the tribunal including then acting CJ Antonio Carpio.
Woman on top
Today, Sereno will officially preside over the Court’s en banc session.
On Wednesday, she will make her first public appearance as chief magistrate before the Presidents of Law Associations in Asia (POLA) at the Marriott Hotel in Pasay City. The event is under the auspices of the IBP headed by Libarios.
The President mentioned Sereno in his speech at the Libingan ng mga Bayani yesterday.
“Umaasa akong titimbangin mo ang iyong hatol at pasya upang manumbalik ang kumpyansa ng taumbayan sa institusyong iyong pamumunuan [I trust that you will weigh your judgment and decisions to win back the people’s trust and confidence in the institution that you now lead], ” Mr. Aquino said.
“Umaasa akong titimbangin mo ang iyong hatol at pasya upang manumbalik ang kumpyansa ng taumbayan sa institusyong iyong pamumunuan [I trust that you will weigh your judgment and decisions to win back the people’s trust and confidence in the institution that you now lead], ” Mr. Aquino said.
“The people’s mandate to you is: let the fair system of justice prevail. It should be impartial to either the rich or poor, to ordinary Filipinos or the powerful,” the President said in Filipino before members of the diplomatic corps, Cabinet officials and veterans under a tent behind the Tomb of the Unknown Soldier.
Aware of the controversies hounding Sereno, the President said that his latest appointee has also the backing of the entire Filipino citizenry.
“To our new Chief Justice, don’t lose heart when a deluge of challenges comes your way. Be assured that the Filipino nation is your ally,” Mr. Aquino stressed.
Sereno’s oath-taking on Saturday was not attended by most of her colleagues. Out of the 13 other justices, only four were present—Associate Justices Martin Villarama Jr., Estela Perlas-Bernabe, Mariano del Castillo and Bienvenido Reyes.
Conspicuously absent were the five most senior justices—Senior Associate Justice Antonio Carpio and Associate Justices Presbitero Velasco Jr., Teresita Leonardo-de Castro, Arturo Brion and Diosdado Peralta. Associate Justices Lucas Bersamin, Jose Perez and Jose Mendoza were also absent.
Presidential prerogative
Also on Monday, several senators defended the President’s decision in appointing Sereno.
Senators Gregorio “Gringo” Honasan, Edgardo Angara, Aquilino Pimentel 3rd and Francis Pangilinan said that it is too early to criticize and put political color on Sereno’s appointment.
Honasan stressed that nobody could question the decision of the President to choose Sereno over other senior members of the SC saying that this is his “prerogative.”
“Ang tawag diyan ay [That is what you call] Presidential prerogative bilang [as the] appointing authority ayon sa batas at tamang proseso at walang maaring mag-question dito [which is being dictated by law and nobody could question it],” said Honasan.
He said that Sereno’s independence should not be doubted as she had “declared publicly that she will be independent and that she will uphold the spirit of the Constitution.”
“We have to believe her and trust in the judgment of the President as the appointing authority for the sake of public interest,” he added.
Angara said that Sereno should be given the chance to prove her worth and independence adding that criticisms hurled against her should not affect her job as the new chief justice.
For his part, Pangilinan said that Sereno should face the challenges in instituting reforms in the SC and in the judiciary in general.
He said that Sereno’s age could be advantageous on her part because she has the energy and strength to implement judicial reforms.
Pimentel said that Sereno’s appointment is a “welcome development” that should be respected.
Vacancies
Meanwhile, a House leader said that Sereno should speed up the wheels of justice by inspiring young lawyers to fill the court vacancies.
Deputy Speaker Lorenzo Tañada 3rd of Quezon province made the call two days after Sereno took her oath.
“We all know that we can only ease and eliminate the backlog of cases by addressing the shortage of judges and other court personnel. I think she will inspire many qualified members of the Bar to transfer to the Bench. This is the kind of migration of talent we would like to see,” Tañada pointed out.
While the hiring of judges is a function of the JBC and the Executive, Tañada noted that the beefing up of the ranks of court personnel such as researchers, interpreters and other critical frontline workers, is a prerogative of the judiciary.
“On this matter, budgetary support has been assured by the DBM. The Chief Justice can tap into this huge reservoir of goodwill in boosting the number and quality of judiciary workforce,” Tañada added, referring to the Department of Budget and Management.
Rep. Luz Ilagan of Gabriela party-list agreed with Tañada, saying much injustice is being done because courts are clogged with numerous cases.
“Justice delayed is justice denied. The lengthy trial procedures and the delay of decisions in very important cases including the Maguindanao massacre is a case in point. This can be extremely frustrating for victims of violence,”
Likewise, Ilagan cited that Sereno should be able to institute reforms that will make justice efficient and accessible for the poor.
With a report from Llanesca T. Panti
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