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Short-listing the Successor

The CenSEI Report looks at the eight likeliest candidates to
succeed departed Chief Justice Renato Corona
STRATEGY POINTS
The Judicial and Bar Council is meeting
on August 6 to fuIII its constitutionaI
mandate of nominating for the President's
consideration the best candidates to
succeed Corona
If the JBC's previous voting process is any
indication, the incumbent Supreme Court
justices have the edge, and outsiders will
really have to impress the council to make
the short list
W
ith the Supreme Court Resolution
temporarily allowing two members of
Congress to sit in the Judicial and Bar Council
(JBC), there is no stopping the councils
scIeduIed Aug. q deIIberuLIon on LIe hnuI
sIorL IIsL oI nomInees Ior LIe vucunL posILIon
of Chief Justice that would be submitted to the
President. To comply with the constitutional
requirement that a vacancy in the High Court
be hIIed wILIIn qo duys Irom vucuncy, LIe
President would have only until August 27 to
pick one from the short list of at least three
nominees from the JBC. As recognized by
tradition, this list is non-negotiable, i.e., the
President cannot ask for a revision of the list so
as to include other nominees.
By Atty. John Carlo Gil M. Sadian
NATION
The Judicial and Bar Council (L-R): Academic Representative Jose V. Mejia; Retired SC Representative
Justice Regino C. Hermosisima, Jr.; Ofce of the President Undersecretary MichaeI Frederick D.L. Musngi;
Supreme Court Justice Diosdado M. PeraIta, who chaired the proceedings; Rep. NieI C. Tupas, Jr., who
represented Congress via a gentIeman's agreement with Senator Francis G. Escudero due to the recent
decision of the Supreme Court that Congress is onIy entitIed to one seat; Private Sector Representative
Justice Aurora Santiago-Lagman; and Integrated Bar of the PhiIippines Representative Atty. Maria MiIagros
NoIasco Fernan-Cayosa. (Supreme Court photo)
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How the JBC will probably vote. The process
by which the JBC selects the names to be included
in the short list is actually an internal matter among
its members. The practice is for each member
to cast their votes for a predetermined number
of nominees, depending on the number of such
nomInees und LIe vucuncIes Lo be hIIed.
A preview of how JBC members might vote can
be seen in our data from the JBC deliberations for
the replacements of Justices Antonio Nachura and
Conchita Carpio Morales. For these two vacancies,
there were a total of 30 nominees from which
the JBC would choose six names (three for each
vacancy). What the JBC did was for each member
to select ten nominees, and then tally the total. The
six nominees who got the highest number of votes
were included in the short list that was submitted
to President Aquino. Court of Appeals Justices
Bienvenido Reyes (6 votes) and Estela Perlas-
Bernabe (5 votes) were eventually appointed.
Note that among the current nominees for the
vacant Chief Justice post, Solicitor General Francis
Jardaleza (0 vote), human rights lawyer Katrina
Legarda (0 vote), UP Law Dean Raul Pangalangan
(3 votes), Comelec Commissioner Rene Sarmiento
(1 vote), and UE Law Dean Amado Valdez (1 vote)
were among those who got the lowest number of
votes for those previous Supreme Court vacancies.
In the past, whenever the post of Chief Justice was
vucuLed, LIe JBC uuLomuLIcuIIy nomInuLed LIe hve
most senior incumbent justices of the Supreme
Court. Although outsiders were considered for the
long list of nominees, the JBC had never included
an outsider in the short list. For the present
vacancy, we have yet to see whether outsiders would
be included in the short list considering that six of
the nominees are incumbent high magistrates. For
now, what is certain is that the six justices have the
strongest chance of being included in the short list,
notwithstanding the Presidents preference.
After seeing the nationally televised public
interviews of the nominees, The CenSEI Report
1 2 3 4 5 6 7 8 TOTAL
1 Abdulwahid, Hakim S. / / 2
2 Bato, Ramon, Jr. M. / / 2
3 Bautista, Lovell R. / / 2
4 Bernabe, Estela P. / / / / / 5
5 Bruselas, Apolinario, Jr. D. / 1
6 Cabili, Tomas O. 0
7 Carandang, Rosmari D. / / / / 4
8 Castaeda, Juanito, Jr. C. / / 2
9 Castillo, Marifora P. / / 2
10 Cruz, Stephen C. 0
11 De Leon, Magdangal M. / / / / / / 6
12 Dicdican , Isaias P. / / 2
13 Dimaampao, Japar B. / / / / / 5
14 Fernando, Remedios S. / / / 3
15 Jardeleza, Francis H. 0
16 Legarda, Ma. Carolina T. 0
17 Padilla, Sabino IV B. / 1
18 Pangalanan, Raul C. / / / 3
19 Quiroz, Alex L. / 1
20 Reyes, Andres, Jr. B. / / / / 4
21 Reyes, Biemvenido L. / / / / / / 6
22 Reyes, Jose, Jr. C. / / / / / / / 7
23 Robles, Rodolfo D. / / / / / / / 7
24 Sanidad, Pablito, Sr. V. / / / / 4
25 Sarmiento, Rene V. / 1
26 Tijam, Noel G. / / / / 4
27 Valdez, Amado D. / 1
28 Veloso, Vicente S. E. / / 2
29 Vilches, Nimfa C. / 1
30 Villaruz, Francisco, Jr. H. / / 2
TALLY SHEET
Two (2) positions of Associate Justice
SUPREME COURT
(vice Hon. Antonio Eduardo B. Nachura and Hon. Conchita Carpio-Morales)
June 21, 2011
Ballot No.:
1- Chief Justice Renato C. Corona
2 - Secretary of Justice Leila M. De Lima
3 - Senator Francis Joseph G. Escudero
4 - Congressman Niel C. Tupas, Jr.
5 - Justioce Regino C. Hermosisima, Jr.
6 - Justive Aurora Santiago-Lagman
7 - Atty. Jose V. Mejia
8- Atty. Maria Milagros N. Ferman-Cayosa
The result of the voting was as follows:
Reyes, Jose, Jr. C.
Robles, Rodolfo D.
De Leon, Magdangal M.
Reyes, Bienvenido L.
Bernabe, Estela Perias
Dimaampao, Japar B.
Vetting the successor
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The Supreme Court lets Congress
cast two JBC votes for now
By Mary Grace V. Pulido
High Tribunal declares 8-man Judicial and Bar Council
composition unconstitutional, but withholds execution
of the ruling to allow both Senator Francis Escudero
and Rep. Niel Tupas to participate, for now
DECISION: Francisco I. Chavez vs. Judicial and Bar
Council
G.R. No. 202242, July 17, 2012, per J. Jose Mendoza
Facts: When the Judicial and Bar Council (JBC) announced
the opening of nominations for the position vacated by
the impeached Chief Justice Renato Corona, the name
of former Solicitor General Francisco Chavez was among
those who were nominated for the position. While he did
not accept his nomination, he nonetheless questioned the
present eight-member composition of the JBC as contrary
to the express provision of the 1987 Constitution, which
provides that the JBC shall have seven members.
The Senate and the House of Representatives would send
alternate representatives to the JBC until 1994, when
Congress started sending two representatives in the JBC
with one-half vote each to represent each chamber. Then in
2001, the JBC allowed both representatives of Congress to
have one full vote each, thereby increasing the number of
votes in the JBC to eight.
Main Issue: Whether or not the practice of having two (2)
representatives from each house of Congress with one (1)
vote each is sanctioned by the Constitution.
Ruling: Voting 7-2, the Court ruled that the current numerical
composition of the JBC violates Section 8(1), Article VIII
of the Constitution. According to Justice Jose Mendoza,
It is clear, therefore, that the Constitution mandates that
the JBC be composed of seven (7) members only. Thus,
any inclusion of another member, whether with one whole
vote or half (1/2) of it, goes against that mandate. Section
8(1), Article VIII of the Constitution, providing Congress
with an equal voice with other members of the JBC in
recommending appointees to the Judiciary is explicit.
The Court agreed with Chavez that the use of the
singular letter 'a` preceding 'representative of Congress` is
unequivocal and leaves no room for any other construction.
It is indicative of what the members of the Constitutional
Commission had in mind, that is, Congress may designate
only one (1) representative to the JBC. Had it been the
intention that more than one (1) representative from the
legislature would sit in the JBC, the Framers could have, in
no uncertain terms, so provided.
Iooks InLo LIe quuIIhcuLIons
and the mindsets of eight of the
likeliest candidates to succeed
Renato Corona as Chief Justice.
Seniority rules. Section 11
of the Judiciary Act of 1948
provides the seniority rule that
governs the Supreme Court.
Nonetheless, even without this
law, it is an accepted fact that
seniority is one of the most
important features of the High
Court. The evidence can be seen
in every corner of the Court:
the sitting arrangement of the
justices, the order their names
are listed, the distribution of
members in the Divisions, and
even the sequence of their entry
in the session hall. All of these
prove that seniority indeed
matters for the justicesa lot.
This probably explains why the
JBC has this tradition that only
LIe hve mosL senIor jusLIces
are nominated whenever the
position of Chief Justice is
vacated. And indeed, seldom
does it happen that the most
senIor oI LIese hve Is bypussed
by the President. That is why
some were surprised when
President Gloria Macapagal
Arroyo broke tradition twice,
when she chose Artemio
Panganiban over Reynato Puno
in 2005 and Renato Corona
over Antonio Carpio in 2010.
The circumstances surrounding
the untimely vacancy in the
Chamber of the Chief Justice
would once again present an
opportunity for tradition to be
broken. Not only could the most
senIor jusLIce-or LIe hve mosL
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It further stressed that "the word 'Congress` used in Article
VIII, Section 8(1) of the Constitution is used in its generic
sense. No particular allusion whatsoever is made on
whether the Senate or the House of Representatives is
being referred to, but that, in either case, only a singular
representative may be allowed to sit in the JBC.
The Court also noted that the seven-member composition
of the JBC serves a practical purpose, that is, to provide a
solution should there be a stalemate in voting. According
to Justice Mendoza, a single vote may not be divided
into half (1/2), between two representatives of Congress,
or among any of the sitting members of the JBC for that
matter because this can possibly cause disorder and
eventually muddle the JBC`s voting process, especially
in the event a tie is reached. Thus, the Court concluded
that the Framers of the Constitution knew that an
odd composition is the best means to break a voting
deadlock.
This ruling, according to its dispositive portion, was
supposed to be immediately executory.
How the Justices Voted:
8-MEMBER JBC UNCONSTITUTIONAL: 7 votes
D. Peralta, L. Bersamin, M. Villarama, J. Perez, J.
Mendoza, B. Reyes, E. Perlas-Bernabe
8-MEMBER JBC CONSTITUTIONAL: 2 votes
R. Abad, M. Del Castillo
INHIBITED: 5 votes
A. Carpio, P. Velasco, T. Leonardo-De Castro, A. Brion,
M. Sereno
RESOLUTION: Francisco I. Chavez vs. Judicial and
Bar Council
G.R. No. 202242, August 3, 2012, Minute Resolution
Acting on the Motion for Reconsideration fled by the
Offce of the Solicitor General, the Supreme Court issued
a Resolution on August 3, 2012 suspending the effect of
the Court`s July 17 Decision that declared the eight-man
composition of the JBC unconstitutional.
According to the Court, pending fnal resolution
of the Motion for Reconsideration, any immediate
execution of the July 17 Decision poses a possibility
that Congress may be under-represented in the JBC.
In the same vein, forestalling the July 17 Decision
presents a likelihood of an unconstitutional over-
representation of Congress in the JBC. Thus,
confronted with the risk of under-representation or
over-representation of Congress in the JBC, the Court
[found] it in the best interest of justice that all of the
justices, including those who inhibited, be given the
opportunity to take part in the fnal deliberations and
resolution of this petition.
Thus, the Court resolved that it is more equitable
for the present members of the JBC to resume their
task of selecting nominees for the vacant position of
Chief Justice" pending fnal resolution of the petition.
Note that out of the 14 justices, only nine participated, with
fve of the six nominees for the position of Chief Justice
inhibiting themselves. Among the nominees, only Justice
Abad participated, saying that he found no compelling
reason to inhibit. He dissented from the majority.
The Supreme Court en banc hears Senator Arroyo: Supreme Court Justice Diosdado M. PeraIta (seated center
at the High Bench) presides over the Supreme Courts oral arguments on August 2, 2012 on the motion for
reconsideration Ied by Ofce of the SoIicitor GeneraI representing Senator Francis Joseph G. Escudero and
Rep. NieI C. Tupas, Jr. Participating in the oraI arguments are Justices Bienvenido L. Reyes, Jose PortugaI Perez,
Roberto A. Abad, Lucas P. Bersamin, PeraIta, Mariano C. DeI CastiIIo, Martin S. ViIIarama, Jr., Jose CatraI Mendoza,
and EsteIa M. PerIas-Bernabe. Appearing before them is Senator Joker P. Arroyo. (Supreme Court photo)
Vetting the successor
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seniorbe bypassed, we could even have a Chief
Justice with no previous judicial service.
The CenSEI Report presents its most likely
nominees whose names would probably be
included in the coveted short list to be submitted
for the Presidents consideration.
Antonio T. Carpio. 62,
UP, 1975 Bar, 85.70% (6th
Place)
If we look friendly, it
is because we have no
choice. Your ally today
in the case could be your
enemy tomorrow. You have to be civil to each
other. There are no permanent enemies, friends
in court.
It is not unknown to many that Senior Associate
Justice Antonio Carpio had long been in line to
become Chief Justice. Being President Arroyos
hrsL uppoInLee Lo LIe HIgI CourL uL LIe uge oI q,
he became the most senior member of the Court
way back in 2006. While Carpio had no prior
experience in the judiciary before joining the
Supreme Court, his ten years as part of the Court
may give him an edge above the other nominees.
An economics degree-holder from the Ateneo de
Manila, Carpio graduated cum laude from the
University of the Philippines College of law in
1975 and placed sixth in that years bar exams. He
started his career in private practice, eventually
IoundIng CurpIo VIIIuruzu & Cruz, u Iuw hrm
LIuL IuLer be known us TIe Irm. He joIned LIe
government when he was invited by President
Fidel Ramos to be his Chief Presidential Legal
Counsel in 1992, only to leave Malacanang when
he disagreed with the Ramos Administrations
IusL-mInuLe eorLs Lo umend LIe ConsLILuLIon. He
wenL buck Lo TIe Irm und enguged In prIvuLe
practice until his appointment to the High Court.
Carpio and his cousin Conchita Carpio Morales
would later earn the reputation of being the
dissenters who automatically voted together in
politically sensitive cases involving the Arroyo
Administration. The tandems strong dissents
started when the Sigaw ng Bayan initiative
reached the High Court. The deeply divided
Court thumbed down the proposed constitutional
amendments that would have shifted the
countrys form of government from presidential
to parliamentary. Carpio wrote the decision that
Lugged LIe InILIuLIve us u gIgunLIc Iruud on LIe
peopIe. SInce LIen, CurpIo und MoruIes mosL oI
the timeif not all the timesided against the
Arroyo Administration in politically sensitive
cases that reached the Court. During his JBC
interview, Carpio said that had he wanted to
become Chief Justice, he would have not voted
against Arroyo in these cases.
Carpio highlighted his falling out with Presidents
Ramos and Arroyo when they tried to touch
LIe ConsLILuLIon. AccordIng Lo IIm, TIe
Constitution shouldn't be amended for one
person. L sIouId be endurIng.
He uIso denIed beIng purL oI un uII-boys cIub,
stressing that the strong dissents among the
magistrates prove that no such club exists. He
uIso denIed LIuL IIs IruLernILy Inuences IIs
decisions, citing his vote to dismiss a member of
Sigma Rho from the Court of Appeals.
Carpio also believed that tradition should be
followed by appointing an incumbent magistrate
as Chief Justice. He made this point by showing
his familiarity with the problems hounding
the judiciary and the reforms that the Court is
implementing to address the clogged dockets. He
stressed the need for computer-literate judges
and an online case management system. While he
advocated for transparency, he maintained that
the discussions among the justices and their draft
decIsIons musL remuIn conhdenLIuI.
Carpio also denied having a hand in the Corona
impeachment. When asked what he would do
had he been in Coronas shoes, Carpio said that
Ie wouId Iuve resIgned rIgIL uwuy Iud Ie

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misdeclared his SALN the way Corona did as it
wus LIe dIgnIhed wuy.
Presbiterio J. Velasco,
Jr. 63, UP, 1971 Bar,
89.85% (6th place)
I initially thought Carpio
should be appointed
since he's the most senior
associate justice, because I
strictly follow the seniority in our court.
But, I realized I have a wealth of experience
behind me.
Being the second most senior member of the
Court, Justice Presbiterio Velasco Jr. is one of
the automatic nominees for Chief Justice. He
was already nominated for this position when
Chief Justice Puno retired in 2010, but he
declined then. This time, he initially wanted to
decline again but eventually changed his mind,
suyIng, reuIIzed Iuve u weuILI oI experIence
beIInd me. He Look up poIILIcuI scIence uL UP
and went on to be graduated from its College
of Law in 1971. He placed sixth in that years
bar exams. Velasco was a private practitioner
before he joined government as JBC member
representing the Integrated Bar, and later on, as
Justice Undersecretary under President Ramos.
He joined the judiciary in 1998 as a justice of the
Court of Appeals and eventually became Court
Administrator prior to his appointment as a
magistrate of the Supreme Court.
Justice Velasco believes that economic growth
is dependent on the performance of the
judiciary. Foreign investors, according to him,
would only come if they perceive the courts
us predIcLubIe, unIIorm, consIsLenL. He uIso
advocates free legal aid, especially to pauper
litigants, by requiring new lawyers to render free
legal service for one year.
WIIIe Ie recognIzed LIuL LIere wus sudness
when Chief Justice Corona was removed from
oce, Ie beIIeves LIuL LIe counLry sIouId
move on and the Court must continue its job as
prescribed by the Constitution.
Teresita J. Leonardo-
De Castro. 63, UP, 1972
Bar, 80.90%
The judiciary is not for
the weak of heart. It is
not for the timid... Being
a chief justice would be a
great honor, but there will be pressure to prove
myself to be worthy.
As the third most senior member of the High
Tribunal, Associate Justice Teresita Leonardo-
De Castro was also nominated for Chief Justice
in 2010. A Bachelor of Arts graduate from UP,
sIe hnIsIed Iuw In LIe sume scIooI In 1q;z.
De Castro started her career in government
as a law clerk in the Supreme Court. She later
transferred to the Department of Justice and
there rose from the ranks to become Assistant
Chief State Counsel. She rejoined the judiciary
when she was appointed by President Ramos to
the Sandiganbayan, a court she would eventually
head in 2004. She penned the decision convicting
President Joseph Estrada of plunder.
When asked whether she thinks her seat in the
Supreme Court was a reward for the Estrada
conviction, Justice De Castro answered in the
negative, asserting that her promotion to the
Supreme CourL wus someLIIng sIe deserved
and that the Estrada trial even delayed her
promotion. She values her career in government
and believes that this made her ready for the
highest judicial post.
Justice De Castro also said LIuL LIe jusLIces Iud
noLIIng Lo do wILI LIe IneIIgIbIe expendILures
covered by the controversial aide memoire sent
by the World Bank to the Court in December
zo11 regurdIng LIe US$1qq,ooo IneIIgIbIe Iunds
that the bank said were spent on activities and
projects not covered by the 2003 loan agreement
between the bank and the Supreme Court. The

Vetting the successor

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lady justice, who heads the Judicial Reform
Support Project (JRSP) management committee,
cIurIhed LIuL LIere wus noLIIng unIuwIuI or
IIIeguI wILI LIe use oI LIe Iunds. TIe uIde
memoIre onIy suId LIuL LIe expendILures sIouId
not be charged to the loan... and that there should
Iuve been prIor ugreemenL wILI LIe bunk, wIIcI
mude LIem IneIIgIbIe.
Arturo D. Brion. 65,
Ateneo, 1974 Bar, 91.64%
(1st place)
Ang Korte Suprema natin
ay malakas. Kailangan
lamang natin ng malakas
na liderato upang
makapunta kung saan dapat puntahan.
Also automatically nominated is the fourth most
senior member of the Supreme Court, Associate
Justice Arturo Brion. A Mathematics degree-
holder from the San Pablo Colleges, he took
up Iuw In LIe ALeneo de MunIIu und hnIsIed
valedictorian and cum laude in 1974. He topped
that years bar exams. He also holds an Ll.M.
from York University in Toronto. After a stint
in private practice, Brion joined the Ministry
of Labor in 1982 in what would be a fruitful
government career focused on labor law. He was
later on appointed Court of Appeals justice, only
to return to the executive as President Arroyos
Secretary of Labor before his appointment to the
High Court.
When asked whether the judiciary was weakened
by the Corona impeachment, Justice Brion
disagreed, saying that the judiciary is strong and
that it just needs a strong leadership to steer it
towards the right course. He said that he dreams
oI un IndependenL courL LIuL Is IuII, eecLIve
and co-equalOne that is a partner of other
depurLmenLs In nuLIon-buIIdIng.
On judicial independence, Justice Brion
envisions two kinds of independence. One is
the Courts decisional independence which he
thinks is absolute. The second independence is
institutional, one that is supportive of
the decisional. It would involve cooperation with,
not hostility toward the other branches
of government.
Justice Brion was also asked about his reputation
In LIe CourL us Mr. mmuLubIIILy. He expIuIned
that he is of the belief that as long as the Court
proIIbILs LIe hIIng oI uny second moLIon Ior
reconsideration of their decisions, then the
Supreme Court should be considered immutable.
Roberto A. Abad. 68,
Ateneo, 1968 Bar, 81.70%
We have a wounded
court, especially after the
impeachment trial. If I
EHFRPH&-WKHUVWWKLQJ
to do is forgive. I hope the
president will forgive us, I hope we can reconcile
with the legislature.
Although he is not among those automatically
nominated by the JBC, Associate Justice Roberto
Abads name is included in the list after being
nominated by UST Law Dean Nilo Divina. The
CourL`s number 8 jusLIce hnIsIed Iuw uL ALeneo
de Manila, but was recruited by then-Chief
Justice Roberto Concepcion to teach law at UST.
He was Dean of UST law prior to his appointment
to the Supreme Court.
When asked regarding his thoughts on Coronas
impeachment, Justice Abad said he believes
LIuL L wus IeuILIy becuuse mude LIe CourL
Iook InLo ILs Inner beIng. He uIso suId LIuL Ie
supported Corona because he is a friend. He
cIurIhed, Iowever, LIuL Ie Is noL goIng Lo beLruy
LIe consLILuLIon Ior u IrIend.
JusLIce Abud uIso suId II one Is quuIIhed, IL does
not matter whether one is an incumbent justice
of the Court or an outsider. He nonetheless
recognIzed LIe nuLuruI bIus Ior un InsIder, IIs
performance [being] already tested and on the

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:NKcenSEI8KVUXZ tAugust 6-19, 2012
record. He udded LIuL AppoInLIng un ouLsIder
CJ Is rIsky.
Citing his dissenting opinion against the Courts
ruling declaring the unconstitutionality of the
Truth Commission, Justice Abad stressed that he
Ius Independence, suyIng LIuL wus uppoInLed
by Arroyo but I voted that the Truth Commission
wus consLILuLIonuI.
Ma. Lourdes P. Aranal-
Sereno. 52, UP, 1984 Bar,
89.10% (14th place)
The Supreme Court is not
in a position to correct a
historic injustice if it is not
in conformity with the law.
PresIdenL AquIno`s hrsL uppoInLee Lo LIe
Supreme Court, Associate Justice Ma. Lourdes
Sereno, the Courts number 12 justice,
was also nominated by Felma Roel Singco,
Raegan de Guzman, and Fidel Thaddeus Borja.
An economics graduate of Ateneo de Manila,
she tool up law at UP and graduated cum laude,
placing 14th in the 1984 bar exams. She also
has an Ll.M. from the University of Michigan.
At the age of 51, she is one of the youngest
appointees to the Supreme Court and would
serve there until her retirement in 2030. She
was part of the think-tank of the Asian Institute
of Management prior to her appointment to the
High Court. Serving as government counsel in
dIerenL cuses, one oI Ier mosL conLroversIuI
cuses wus LIe ruporL cuse hIed by LIe Germun
government against the Philippine government
concerning the NAIA Terminal 3 Project. Before
Corona was impeached, the Palace stated
that the nexL cIIeI jusLIce musL be In LIe
mold of Justice Sereno.
During her JBC interview, Justice Sereno spoke
with a heightened degree of passion, so when
asked where she gets such passion, she responded
that she was born that way: a person with
enthusiasm for life. She also said that lady justices
Iuve sLrong InLuILIon, cun Luke In so mucI work
und burdens. TIus, sIe cIuImed sIe cun Luke
on the task of being Chief Justice because she
beIIeves LIuL sIe cun Ieud IeIIow jusLIces even II
sIe oILen gIves dIssenLIng opInIons.
When asked whether she can heal the judiciary,
she responded by asking what there is to heal,
stressing the point that despite heavy dissenting
opinions against each other, the justices still
manage to get together for lunch and laugh at
each others jokes. She also said that despite being
the youngest magistrate in the High Court, she
does not see any problem in leading the other
justices as she already had experiences in the past
where she had older people work under her.
Justice Sereno also took the chance to clarify
that she did not push for 10 billion as just
compensation for the Cojuangcos in the Hacienda
Luisita case. She said that she merely dissented as
Lo LIe LIme LIe LukIng oI LIe IucIendu wouId be
determined and that no value was ever discussed
during the deliberations.
Leila M. de Lima.
51, San Beda, 1985 Bar,
87.02% (8th place)
In this day and age, it
has been proven that the
Supreme Court is not as
infallible as we think it is.
They are human beings.
The only outsider with a real shot at being
appointed Chief Justice, President Aquinos
Justice Secretary, Leila de Lima, was nominated
by the Volunteers against Crime and Corruption.
A History and Political Science graduate of
De La Salle University, she took up law at San
Bedu, wIere sIe hnIsIed us cIuss suIuLuLorIun
in 1985, placed eighth in that years bar exams.
SIe sLurLed Ier cureer us u sLu In LIe Supreme
Court, but later on engaged in private practice,
specializing in Election Law. She served as
Chairperson of the Commission on Human Rights

Vetting the successor

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under the Arroyo administration before joining
the Aquino administration.
Downplaying questions as to her independence,
De Lima assured the JBC that she would
Lry Ier besL eorL Lo muInLuIn Ier Independence
umId LIe specuIuLIon LIuL u CubIneL secreLury
is beholden to the appointing power. Im an
alter ego but this does not necessarily mean
that Ill succumb to every whim of the
uppoInLIng power.
She also belittled the disbarment cases
pending against her, saying that these were
merely harassment cases. These cases were
uncIored on Ier dehunce oI u Supreme CourL
temporary restraining order (TRO) that was
supposed to allow former President Arroyo
to leave the country back at a time when no
crImInuI cIurges Iud yeL Lo be hIed uguInsL LIe
former leader. De Lima denied defying the TRO
Issued by LIe Supreme CourL, suyIng, TIere Is
no dehunce oI LIe TRO. dId noL wIIIIngIy deIy
the TRO. It was a matter of the former president
hurriedly and prematurely trying to leave the
country in spite of the case and in spite of the
non-servIce oI LIe TRO.
Nonetheless, despite her strong chances of
being appointed by Aquino, her inclusion
in the short list is now in jeopardy as the
Integrated Bar of the Philippines dismissed her
motion to have the disbarment cases against
her dropped. Instead, the IBP Board directed
the Investigating Commissioner to proceed
with the formal investigation of her case. If the
disbarment cases remain until Thursday August
9, then De Lima will not be considered for the
JBC short list in compliance with Rule 4 Section 5
oI LIe JBC RuIes, wIIcI provIdes LIuL LIose
with pending criminal or regular administrative
cuse ure dIsquuIIhed Irom uppoInLmenL Lo uny
judicial post.
Francis H. Jardaleza.
62, UP, 1974 Bar, 88.35%
(3rd place)
With all due respect,
experience is not
indispensable.
Another outsider who might have a chance to
make it to the JBC short list is currently the top
lawyer of the Aquino administration. Solicitor
General Francis Jardeleza graduated cum laude
from the UP College of Law in 1974 and placed
third in that years bar exams. He also got his
Ll.M. degree from Harvard. After passing the
bar, Jardeleza engaged in private practice and
also became a foreign associate in a New York
Iuw hrm. He served us senIor vIce presIdenL
and general counsel of San Miguel Corporation
from 1996 until his appointment as Deputy
Ombudsman for Luzon in 2010. President
Aquino designated him Solicitor General in
February this year.
Having served as counsel for San Miguel Corp.,
Jardaleza was asked whether he was privy to
the coconut-levy funds case involving Eduardo
DundIng Cojuungco Jr., LIe PresIdenL`s
uncle, who was a principal administrator of the
controversial Marcos-era program that exacted
taxes from coconut farmers that eventually
became involved in the acquisition of San Miguel
Corp. While he answered that he was not privy as
he was only counsel for San Miguel in some cases,
he nonetheless admitted having some degree of
knowledge as San Miguel corporate secretary.
WIen usked wIeLIer Ie cun IuIhII LIe duLIes oI
a Chief Justice considering his lack of judicial
experience, he told the JBC that with his
experience dealing with budgets of corporations
und LIe Ombudsmun, wILI uII IumIIILy, Ie wus
able to cope.

Vetting the successor

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