By AMADO P. MACASAET
MALAYA
MALAYA
‘Knowing her youth and obvious unfamiliarity with the inner workings of the Supreme Court, she probably did not remotely hope that she would be picked to succeed the convicted Renato Corona.’
It clearly did not occur to President Aquino that appointing the youngest member of the Supreme Court as Chief Justice permanently doused the hopes of more senior magistrates to head the Court.
If it is true, no matter how much we deny it, that we have a politics-ridden Court, the appointment of Mrs. Sereno as Chief Justice could easily mean that the President squandered all his chances and opportunities of getting the cooperation of other members of the court, particularly its more senior members.
With the possible exception of Marvic Leonen, none of the other sitting magistrates could ever dream of heading the Court. They would either be retired and out of the court when Chief Justice Maria Lourdes P.A. Sereno reaches the retirement age of 70 years almost two decades from today. Therefore, none of her older peers would try to please President in the hope that he could head the court.
That would have been an ideal arrangement if President Aquino had not been aware of politics in the Court. That would have been the best deal for the President if he had, as he should have had, a reasonable assurance that the Chief Justice be appointed could lead the court, not exactly for his personal political benefit but for the triumph of justice and the rule of law – the same reasons he used in successfully getting the impeachment court to convict Chief Justice Renato C. Corona.
As is now abundantly clear, Mrs. Sereno does not seem to have the makings of a head magistrate who can lead the court. We are now beginning to realize that it is not all a question of having full knowledge of the law that makes an ideal Chief Justice.
The President did not see it that way.
From recent events, we may conclude that an even temper is just as important a qualification for justices of the Supreme Court, particularly the Chief.
The ability to deal with the peers for the sake of protecting the Constitution and the laws which is the only bounden duty of a magistrate particularly the Chief Justice is as important if not more so.
The recent “mishaps” of the Chief Justice issuing an en bane resolution all by herself and being later revoked by the court en banc may be considered as a very telling sign that the President did not look at the import of Mrs. Sereno not having the highest mark in the psychological test given by the Judicial and Bar Council.
“Mens sana en corpore sano” (a sound mind in a sound body) did not seem to work that well in the “solo” en banc resolution issued by the Chief Justice.
It is to her credit that she gamely presided over the en banc session that was supposed to confront her on her solo resolution. Her peers rebuked her. She gamely submitted to the decision of the majority.
But the submission or practical admission of having committed a grave error did not redeem her “offense.” Where we sit this is culpable violation of the Constitution.
The en banc had wanted to confront her earlier but she called in sick. The “confrontation” was delayed to Dec. 11. There were earlier reports that she would not attend the en banc as she had planned to pay her respects to the Chief Justice of the United States Supreme Court.
She changed her mind and presided over the en banc which revoked her one-man (woman) ruling done in supposedly full-court session.
The Chief Justice should be grateful to her peers for not making public the “solo” resolution. The revocation revealed that there indeed was such a resolution that the Court sequestered clearly out of respect for Mrs. Sereno who had the right to explain her decision in the en banc.
The sad fact is the new Chief Justice does not seem to be the most welcome head of the Court. Probably because the appointment, as said above, denied the rest of her 13 peers to hope or dream of becoming chief justice themselves.
A three-year stint as Chief Justice would have been equivalent to appointing six chief magistrates covered by Mrs. Sereno’s 18-year term. In effect, President Aquino usurped the powers of his successors by making sure that Mrs. Sereno remains Chief Justice under more than two administrations after his expires in 2016.
It must be stated very clearly that the consent of Mrs. Sereno to her nomination as candidate for the top SC post manifested her desire to become Chief Justice.
However, knowing her youth and obvious unfamiliarity with the inner workings of the Supreme Court, she probably did not remotely hope that she would be picked to succeed the convicted Renato Corona.
Mrs. Sereno kept her serenity while waiting for President Aquino to appoint the successor of Renato Corona. She was never known to even try using the influence of the President’s friends to intercede for her. That is not in her chemistry.
President Aquino appointed her in spite of her being the most junior magistrate in age and in the face of the result of the psychological test. These may well be the two reasons why a full court was not present during her oath-taking.
Majority of the members of the Court deliberately refused to attend the first Monday morning flag-raising ceremony under Chief Justice Sereno. If there has been what one might say is “bad” blood between the new Chief Justice and her peers, the fact that she herself had only one or two attendances in flag ceremonies before she became head of the Court could have been easily forgotten as a laughing matter.
Now comes the solo resolution. The Supreme Court is in trouble with its Chief Justice.
The Constitution and the laws could be in trouble with the Chief Justice considering the gravity of her issuing a resolution without the approval of the majority of her peers.
There is no way of making amends. Her ruling was revoked.
That should be the most important, though obviously embarrassing learning lesson for the Chief Justice when she woke up one morning and realized the grave error she committed.
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email: amadomacasaet@yahoo.com
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