These are excerpts from interviews with Court of Appeals Justice Portia Hormachuelos, who is shortlisted for the Supreme Court. One was conducted by our researcher, Purple Romero, in October, and the two others, by the Judicial and Bar Council, in November 2008 and in 2007. We relied on the notes of the Supreme Court Appointments Watch for the 2007 interview. Romero took notes during the most recent JBC interview.
 
abs-cbnNews.com/Newsbreak interview

Have you spent your life largely working in the courts?

Hormachuelos: Yes, before I was appointed as a CA justice I worked from 1987-1995 at the Cebu RTC. Before that I was a fiscal. I was also a probationary officer for one year. 

Where did you take up law?

Hormachuelos: I'm from Cebu. I finished law at the University of Visayas but I took up Public Administration at UP. 

Do you think that the rest of the 7 justices who will be appointed to the SC, which may include you, are obliged to give some sort of payback to the appointing power?

Hormachuelos: I don’t owe anyone anything. I have no backing. I’ve been nominated to the Supreme Court five times already but up to now, I've not bee chosen.

When were you first nominated?

Hormachuelos: A long time ago. (laughs). Year 2000, I think. But if I’m not selected again this time, I can still apply for the next vacancy. The six new justices will be selected in more or less a year’s time.

Do you think 2010 would be a test of independence for the Supreme Court?

Hormachuelos: The Supreme Court should always decide on the correctness of the case. It is a bulwark of democracy. If it loses its independence, where would the country be going to?

If the justice is convinced, if he believes that the executive is doing correctly, he will vote for the executive. But only if he believes in its correctness. The decisions of the Supreme Court are published. It will be in the books. I don’t think a Supreme Court justice would gamble for his decision just for posterity.

How would the new Court, with you as one of its probable members, keep its independence?

Hormachuelos: The events will speak for themselves.

How important is public sentiment in deciding a case?

Hormachuelos: We should listen to the voice of the people. That's the public, the country. But sometimes, the people could be also wrong. The Supreme Court should know when it (the public) is right or wrong.

What could we expect from you as a Supreme Court justice?

Hormachuelos: My decisions will be predictable, transparent.
 
2007 JBC interview

How do you reduce the caseload in the Supreme Court?

Hormachuelos: Transfer the cases on heinous crimes for intermediate appeal to the Court of Appeals; the Supreme Court should focus on national cases with transcendental importance.  The SC can adopt discretionary appeal, which will require an amendment in the Constitution.

[What are your] views on judicial legislation?

Hormachuelos: The judiciary is called upon on justiciable issues or when the question of grave abuse of discretion is raised. It cannot avoid ruling on these issues as it is its duty.   

What are your views on criticism that the JBC lacks independence?

Hormachuelos: I disagree [that JBC lacks independence]. The best proof of that is the present hearing or interview session of the JBC with the applicants. This shows JBC's performance of its duty - to screen nominees.

What is the form of government that is good for the judicial system?

Hormachuelos: I have no opinion on this. I leave it to the wise minds of the people studying the issue.  On the federal system, it will give the LGUs more say on their affairs and be less dependent on the national government.           

Do the Catholic Bishops’ Conference of the Philippines (and other religious groups) commit acts that violate [the separation between] church and state?

Hormachuelos: The constituents or members of the CBCP are citizens who are entitled to speak their mind but their opinions will not constitute coercion or a matter that will shape the decision of the executive.

Assuming you become associate justice of the Supreme Court, then you are nominated for the chief justice position, will you subject yourself to public interviews?

Hormachuelos: The justice is entitled to speak his mind if he wishes to be interviewed but there should be no coercion and that no derogatory comments should be made of him if he declines.

Should cases be raffled to divisions or to individual justices?

Hormachuelos: In accordance with justice and fair play, the cases should be raffled to individuals.

What are your thoughts on en banc decision-making vs. division decision-making?

Hormachuelos: En banc decision-making is not conducive to the speedy disposition of cases in the Supreme Court. While it should cater to uniformity of decision, with the technological advancements, non-uniformity should not be the usual matter to expect.

[Are you} in favor of special division in the CA on labor cases?

Hormachuelos: Yes, specialization would result in more speedy resolution of cases.

2008 JBC interview

What would you suggest to JBC to help it weed out unworthy applicants?

Hormachuelos: Scrutinize decisions of nominees from the judiciary, and writings of those who are not from the judiciary.

How many of your decisions have been reversed by the SC?

Hormachuelos: I have 99 percent affirmation rate.