Citizen’s group watching appointments to Supreme Court
By Aries C. Rufo, abs-cbnNEWs.com/Newsbreak | 11/07/2008 4:42 PM
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Bothered by the perceived subservience of some justices to the appointing authority, a coalition of civil groups launched today its "upgraded" version of Supreme Court Appointments Watch (SCAW), bringing in respected personalities and organizations to its initiative.
“(Some justices) give the impression that they vote according to their loyalties,” Fr. Joaquin Bernas, dean emeritus of the Ateneo School of Law, said when asked to describe the present composition of the Tribunal. Bernas is a member of the citizen search committee formed by SCAW consortium that will recommend potential nominees to the SC.
The independence of the SC from Malacanang has become a major concern for court watchers and observers, with some magistrates perceived to be voting according to political interests.
To some, the division is plainly categorized between anti- or pro-government interests, casting serious doubt on the independence and integrity of the Tribunal---the third branch of government that is supposed to check grave abuse of powers in the executive and legislative branches.
The present SC voting, Bernas noted, has become so predictable that one can easily tell “which justice will decide on a particular case.”
Unlike in the United States Supreme Court where justices are categorized based on “ideological or philosophical” views, that is whether one is liberal or conservative, magistrates here “thrive more on the basis of something else,” Bernas said.
Look at personalities
Since 2005, SCAW, composed of the Alternative Law Groups (ALG), Lawyers’ League for Liberty (Libertas), Transparency and Accountability Network (TAN) and the Philippine Association of Law Schools, has been advocating for a more transparent and appointments process in the Judicial and Bar, the constitutional body tasked of vetting nominees to the judiciary.
One of its major achievements is opening up the interviews of the nominees to the public.
However, SCAW then was more concerned with the process of vetting than on the personalities involved.
This time, ALG coordinator Marlon Manuel said the consortium would now look at the personalities to ensure that candidates of proven integrity, probity and independence are included in the JBC shortlist.
TAN executive director Vincent Lazatin noted that recent presidential appointments in key constitutional bodies and in the judiciary have contributed to the weakening of institutions because of the “non-transparent and non-accountable process.”
He said monitoring and active citizen participation in the appointment process of forthcoming seven vacancies next year in the SC, which would allow President Arroyo to redefine the character and composition of the Court, would be crucial in ensuring an independent Tribunal,.
Beyond GMA's term
Roberto Cadiz, Libertas executive director, noted that recent decisions of the SC show that justices have been voting not on constitutional principles or merits of the case but along loyalty lines. “The common perception now is that appointments to the highest Court are made by the President not on the basis of integrity and probity, but on the basis of personal loyalty,” he said.
Manuel said that in response to the call of Chief Justice Reynato Puno for private groups to engage in active search for nominees, SCAW has taken the initiative to form a citizen- search committee. Aside from Bernas, other members are former Justice Hilarion Aquino, businessman and chair of the National Citizen’s Movement for Free Elections Eddie Go, UP School of Economic professor and media practitioner Solita “Winnie” Monsod, former ambassador to the US Albert del Rosario, Moro lawyer Raissa Jajurie, and Andres Bautista, president and chair of the Philippine Association of Law Schools.
Newsbreak is the research arm and media partner of SCAW in this effort.
In coming up with the citizen-search committee, SCAW aims to engage the public to a talent search to make sure that only good candidates are considered by the JBC when coming up with its shortlist.
Manuel noted that the effects of Arroyo’s succeeding appointments to the SC “will be with us beyond her term.”
It is only from the JBC list that the President can choose from to fill up vacancies in the judiciary, although such discretion can be widened based on how many names are in the list.
Under the Constitution, the JBC is supposed to come up with a minimum of three names for a vacancy. But some recent JBC shortlists show up to seven names. Also, the President has the option of rejecting the list if a preferred candidate is not on it.
