Two new names surfaced in the shortlist of the Judicial and Bar Council (JBC) for the replacement of newly retired Justice Adolfo Azcuna: Court of Appeals Justices Lucas Bersamin and Hakim Abdulwahid. Bersamin topped the list with eight votes, while Abdulwahid came in at third place (tied with Sandiganbayan Justice Francisco Villaruz) with five votes.

Here are excerpts of their public interview with the JBC held on February 25 and 26:

CA Justice Lucas Bersamin

Question: What is your current caseload?

Bersamin: 165 cases submitted for decision.

What is your reversal rate?

Bersamin: I have one case reversed.

What would be your contribution to the JBC?

Bersamin: If I were to be given this blessing, I hope to contribute to the further excellence of the Court.

How will you handle pressures in and outside the court?

Bersamin: I will continue to act as I have acted in my years in the judiciary. I will maintain my independence. The people who helped me along the way would never try to pressure me. Maybe I have bent over backwards in a few cases especially for those who have less, to equalize things. But in other cases, I do not remember that I bowed down to pressures.

What is your best quality?

Bersamin: Although I value my personal competence, I think the most important is my independence.

What made you decide to join the judiciary?

Bersamin: It was the choice of my wife (laughter). After the [1986] EDSA revolution, if I would be in private practice, it would involve a lot of travel. I had three growing children at that time.

What would be the difference between a politician and a jurist?

Bersamin: I would be insulated from intrigue. I will not be forced to do anything, only apply the rule of law.

Why are you qualified to be part of the SC?

Bersamin: I would never stop improving myself.

Do you believe that justices are either pro or anti-administration?

Bersamin: In the Philippines, that is the impression because the presidential office is so powerful.

What form of government do you prefer: presidential or parliamentary?

Bersamin: I  prefer the present setup. The parliamentary form may be volatile for us. Under a federal system, the allocation of funds may not be equal. The presidential system is better, allocation of funds is done by Congress. The proposal of parliamentary system is derived from a degree of selfishness.

Are you in favor of death penalty?

Bersamin: I changed my mind (Note: Bersamin sentenced convicts to death when he was still a regional trial court judge in Quezon City). I do not like the death penalty to be restored. The determent to such heinous crimes is not the death penalty but the speedy disposition of cases. I am more inclined to restorative, rehabilitative cases.

What is your view on political dynasties?

Bersamin: I assure you that my family would not perpetuate power. (Bersamin’s brother, Eustaquio, is the current governor of Abra. His late brother, Luis, served as Abra’s mayor, congressman and governor).

When bishops call for the removal of the president, should not that be considered as interference?

Bersamin: That is only freedom of belief, but if they arouse the public to remove the president, that is interference.

That is not citing to sedition?

Bersamin: No, because they don’t have a certain force. If it is the military or a politician, it could be.
 
Do you think that the right of reply bill is a form of censorship?

Bersamin: I would not immediately agree with them (members of media who criticized the bill as a form of censorship).
 
Your brother belongs to the party of the president. Does that not give you a line to the appointing power?

Bersamin: No.

CA Justice Hakim Abulwahid

What would be your greatest challenge in the SC?

Abulwahid: How to comply with speedy disposition of cases without sacrificing quality of decision.

How would you counteract pressures?

Abulwahid: I have been in the judiciary for seven years. We should always bear in mind that we have our oath of office. Bear in mind our honor and reputation. At all costs, we have to protect these. Protect our personal reputation, protect the institution of the judiciary.

Why do you want to be part of the Supreme Court?

Abulwahid: This has been my dream, to be part of the Highest Court of the land. I would like to represent the region to where I belong. (Abdulwahid is from Tawi-Tawi, a province in the Autonomous Region of Muslim Mindanao)

Do you think you have the requisite competence?

Abulwahid: Yes, based on my affirmance rate. My affirmance rate is 98.2 percent, reversal rate is 1.8 percent.

How do you classify the local magistrates?

Abulwahid: The 1987 Constitution has given the SC the power to strike down some acts of the government. This led to the belief that the SC is an activist court. However, it merely does its duty under the Constitution.

Do you agree with the classification of justices as pro or anti-administration?

Abulwahid: I don’t agree. There are times that they vote in favor of the government but there are times that they vote against them.

If there’s a case involving a Christian and a Muslim, would you vote for the Muslim?

Abulwahid: Not necessarily. I’ll decide the cases based on the merits.

What is your view on the right of reply bill?

Abdulwahid: Even if we have freedom of the press, it is not absolute, and is subject to the regulation by the state. I think this is fair, a sort of equalizer.

How should Congress vote in charter change?

Abdulwahid: For purposes of academic discussion, the voting should be separate. In local legislation, they vote separately, more so with charter change.
 
What is the special justification for the JBC to nominate you ahead of the 16 senior justices?

Abdulwahid: I’m trying for the SC on the basis of representation of Muslims in the 1996 peace agreement between the government and the Moro National Liberation Front.