With Due Respect
So far so good
By: Artemio V. Panganiban
Philippine Daily Inquirer
12:24 am | Sunday, August 5th, 2012
The nomination process being conducted by the Judicial and Bar Council has thus far been transparent, accountable and dignified. Under the glare of live TV and radio coverage, the JBC members asked probing and searching questions without crossing the limits of decency and civility. Devoid of circus-like harangues, the JBC sessions truly become the Judicial Department, of which the council is constitutionally an integral part.
Public interviews. True, the interviews are not the be-all and end-all of the selection process. But they are the windows through which the public can peer at the applicants. Like witnesses in courtrooms and resource persons in congressional inquiries, the candidates were weighed and scrutinized by our people.
The JBC interviewed 20 candidates—too many in my view. It included some outsiders who, by their lean bio data and utter lack of stature, really had no chance at all of being nominated, however excellent their oral tests may have been. But I suppose the council wanted to show its fairness and thoroughness.
SC peculiarities. The interviews brought out a number of Supreme Court peculiarities. For example, many TV viewers were surprised to learn that while the justices may write stirring and strongly worded opinions, they do not keep grudges against one another.
Justices Antonio T. Carpio and Maria Lourdes
P. A. Sereno explained during their interaction with Justice Diosdado M. Peralta, the acting JBC chair, that there are no partisan blocs or permanent alliances in the high court. Those voting together in one case may be miles apart in the next. Normally, there are more than 200 items in the agenda of a single session, whether en banc or in division. And in that single session alone, the justices could debate and vote disparately.
Contrary to popular impression, the verbal debates in the Supreme Court are pretty short. When discussions on a single item lag for 10 minutes or more, the chief justice would usually postpone further deliberations and ask the protagonists to write down their arguments. To be credible, arguments should be backed by authorities, with appropriate footnotes on the law, jurisprudence and other references.
Bottom line: while the chief justice is the leader and CEO of the judiciary, he still needs the help, cooperation and assistance of the 14 other justices who constitute the judiciary’s “board of directors.”
Source:
http://opinion.inquirer.net/34081/so-far-so-good