So if Leila de Lima isn’t the Chief Executive’s choice for chief justice, who is?

With de Lima out, Aquino’s true choices emerge
By RICARDO SALUDO

Picture this: An ambitious, tough-talking, staunchly loyal Justice Secretary hesitates in accepting her nomination to the Judicial and Bar Council’s initial list of candidates for chief justice (CJ). But after talking with the President, she joins the JBC process with gusto, openly claiming to have the inside track for the CJ post.

Predictably, her aggressive tack provokes hostility and intensifies concern about Palace interference in the courts, already heightened by the President’s ouster of the previous chief justice. High Court magistrates are reportedly one in opposition to the Secretary’s appointment, including one ready to resign if she became CJ.

Facing a disbarment charge, the Secretary wants a JBC rule barring nominees with administrative cases—a prohibition she herself affirmed just last September—be set aside. Malacañang’s JBC man agrees, while the President says his lawyers are helping with the disbarment case, stirring more fears of presidential meddling. Plainly, if the Palace and the Secretary wanted public support for her appointment, they had done exactly what will stir opposition.

In the end, the Council sticks to its guns and disqualifies the Secretary. First she says she would appeal, but desists. Unlike past instances of badgering and denouncing the High Court over cases of interest, the President says nothing against the JBC. The Council gets kudos for resisting pressure, and the public is relieved that the Secretary is not on its shortlist. General applause for judicial independence.

As this writer told friends weeks ago, he did not share the widespread belief that Justice Secretary Leila de Lima was Malacañang’s choice for CJ. Rather, it all smelled of a ruse to hoist the pugnacious lady as lightning rod for public animosity. Thus, most Filipinos, even those fearing Executive control of the Judiciary, will accept anyone President Benigno Aquino 3rd would appoint, as long as he or she isn’t the Secretary holding office next door to the Supreme Court. And if de Lima seems shortchanged in the shortlisting, just wait for PNoy’s senatoriables in 2013.

So if Leila de Lima isn’t the Chief Executive’s choice for chief justice, who is?

With fewer votes than the rest, Associate Justice Teresita Leonardo-de Castro and former Ateneo law dean Cesar Villanueva seem least likely to get Aquino’s nod. De Castro looks even more iffy for having denounced a dissenting opinion by fellow magistrate Maria Lourdes Sereno favoring a P5-billion state payout for the President’s family estate Hacienda Luisita. Nor is she liked by the camp of former president Joseph Estrada, whom she convicted of plunder during her stint as Sandiganbayan judge.

In the next tier of nominees with six Council votes each, former executive secretary and congressman Ronaldo Zamora may be too steeped in politics and too identified with Erap. As former Labor Secretary, Associate Justice Arturo Brion may be too closely associated with former president Gloria Arroyo — the very quality Aquino cited in pushing for Corona’s removal. Brion also openly backed the past CJ during the impeachment: he and fellow magistrate Roberto Abad heeded Corona’s call to sign bank secrecy waivers.

Two years from retirement, Associate Justice Abad could be an interim choice if the President wanted a quiet period in the Judiciary after the bruising impeachment. Then he could name another Chief Justice in 2014, one who may be too junior now or not yet in the High Court, but could be appointed if Abad vacated his associate justice seat for the top post. But half-measures isn’t PNoy’s style, so a seat-warming CJ seems unlikely. Nor will he care for Abad’s waiver move.

Widely seen as Corona adversaries are Associate Justice Sereno and Acting CJ Antonio Carpio. The most junior justice in the shortlist, Sereno is also the most closely identified with PNoy, as his first appointee to the High Court and with her Hacienda Luisita dissenting opinion. Notably, Aquino has named close associates to top posts, like his poll lawyers Sixto Brillantes and Christian Robert Lim, chairman and commissioner, respectively, of the Commission on Elections.

In his speech at the start of his impeachment trial in January, Corona implied that Carpio, President Aquino and Transportation Secretary Mar Roxas conspired to oust him. Senator Chiz Escudero, the Senate’s JBC representative, did not vote for Carpio because of his reported involvement in Corona’s ouster. That issue aside, Carpio has the edge in seniority, legal acumen, and the most JBC votes. And under past presidents Fidel Ramos and Arroyo, he has shown a capacity for independence (which may yet give Aquino pause).

Solicitor General Francis Jardeleza had long served Aquino’s uncle Danding Cojuangco. The JBC did not disqualify him despite a pending administrative case, arguing that it had not been referred for full adjudication. Appointing him would give PNoy one more justice in the High Court, instead of having an empty seat to fill, but it would alienate ambitious magistrates, especially Carpio. Still, it could win over many magistrates and lawyers unhappy with those who schemed against Corona.

Aquino will most likely choose Carpio, Jardeleza or Sereno, with the last having the longest tenure of 18 years and being the first women CJ if appointed. The new top magistrate will then have to prove himself or herself by propounding sound legal opinions, standing up for judicial independence, and instituting reforms in the courts. And may God help the next Chief Justice of the Supreme Court.

Ricardo Saludo serves Bahay ng Diyos Foundation for church repair. He heads the Center for Strategy, Enterprise & Intelligence, publisher of The CenSEI Report on national and global issues (report@censeisolutions.com).