Wednesday, August 1, 2012

Judicial transparency


BABE’S EYE VIEW 
By Babe Romualdez 
The Philippine Star
In a country where chismis, rumor and innuendo can breed suspicion and muddle issues until they get blown out of proportion, there is nothing like transparency for government to dispel doubts and negative perceptions. The live coverage of the interviews for those aspiring to be the next Chief Justice was the best decision ever made by the Judicial and Bar Council, making the nomination process absolutely transparent.
Anything cloaked in secrecy automatically makes it suspect, and rumors make it even worse. The Supreme Court has been shrouded with an aura of secrecy and hounded by allegations of backroom deals and corruption – with the impeachment trial of former Chief Justice Renato Corona reinforcing these suspicions.
Appointing the next Chief Justice is definitely going to be one of the most important decisions the current president is going to make because so much is at stake in reforming our society and the future of this nation. If Cabinet Secretaries with limited terms are subjected to open examination to assess their suitability, why not the Chief Justice who can sit “for life” (or until the mandatory retirement age of 70) and can only be removed via impeachment?
As I have said in previous columns, the next Chief Justice should be reform minded with a clear vision of what must be done to undertake such reforms and bring justice to everyone regardless of stature. The chief magistrate must have intellectual pre-eminence and independence in the sense that he or she can decide on the merits of a case without being constrained by alliances or biases.
Most importantly, the next CJ must possess impeccable integrity and credibility to restore the people’s faith in the judicial system and undertake the Herculean task of “cleaning up” the Judiciary. People especially those who have had first-hand experience with judicial corruption certainly appreciate the candor of Associate Justice Roberto Abad in admitting that corruption and bribery have indeed been happening in the courts.
Watching the nominees hurdle the questions and present their priorities and intentions, it is becoming quite clear that a lot needs to be done to assure the public that everyone whether rich or poor would have equal access to the law. Although the interviews had been a long process, people are beginning to appreciate the merits of each nominee, their interest holding until such time as President Aquino announces his choice for the position.
Interest in the appointment was sparked by the Corona impeachment, plus the live TV and online coverage that allowed viewers to participate by tweeting, posting and texting their questions and comments. That’s one of the great things about technology – it enables the public to keep track of important issues, like the cases filed against former president Gloria Arroyo. No question this has to be monitored to make sure that both accused and accuser are given a chance to present their positions before the court.
I was at the grand 25th anniversary celebration of TV Patrol at the Manila Hotel last Friday and I congratulated Gabby Lopez for the ANC network’s excellent live coverage of the JBC proceedings. The focus has been unprecedented, and people were absolutely gratified to see that what was once regarded as a “secret” process has become open to everyone through the TV coverage mainly of ANC and the summaries provided by other networks and social media sites.
To many, one of those most qualified is senior Associate Justice Antonio Carpio who squarely faced the question about his ties with the Villaraza Cruz Marcelo Angangco Law office (better known as “The Firm”) which he co-founded, denying rumors of influence-peddling and deal making. In fact, a business associate who did not want to be identified told us of his firsthand experience. He wanted to hire “The Firm” to handle a case thinking he would be assured of a win since Carpio was the ponente, but a senior partner of “The Firm” flatly told the businessman he would be better off going to another law office, guaranteeing his case will not prosper with Carpio around. Carpio has been known to inhibit himself in all cases handled by his former law firm.
Associate Justice Ma. Lourdes Sereno is another leading nominee who has the advantage of one who has been an outsider and now is an insider. Her credentials particularly as consultant for judicial reform and her experience as litigation lawyer both in the Philippines and international courts certainly makes her very qualified, her supporters pointed out.
Justice Secretary Leila de Lima is perceived to be a frontrunner but mainly because of her current association with the Aquino administration. On the other hand, the other two lady nominees who made quite an impression are Associate Justice Teresita Leonardo de Castro (who said her priority would be to pursue reforms and decongest the courts by speeding up the adjudication process), and SEC chair Tess Herbosa – a grandniece of our national hero Jose Rizal – who is known for being a level-headed person. Businessmen were especially impressed by her emphasis on good corporate governance as well as her aplomb in answering what were perceived to be “personal” questions. PCGG chair Andy Bautista also stood out for handling tough questions and proposing a seven-year term limit for the Chief Justice.
In any case, we commend the JBC especially acting chairman Associate Justice Diosdado Peralta for the way he has handled the public interviews. People should realize that we are making history and taking a significant step in transforming the judicial system in our country. When all is said and done to paraphrase what George Washington said – the firmest pillar of any government is ensuring the administration of justice.
* * *
E-mail: babeseyeview@yahoo.com

No comments: