PerryScope
By Perry Diaz
In a dramatic entry into the Chief Justice selection derby, Secretary of Justice Leila de Lima claimed that she’s a strong candidate for the Supreme Court’s much-coveted top position. Claiming experience and independence, De Lima sought guidance from the Lady of Manaoag, who she believes gave Her blessings.
De Lima said that she struggled whether or not to accept the nomination to the highest post in the Judiciary, even claiming that the job was not to her liking because it wouldn’t fit her persona. No way would she take a job that would demand that she abandon her “love affair” with the media. No way would she keep her mouth shut in telling her audience — the whole world — of what’s in her mind. Uh, uh, no way, Jose, that’s not the Leila De Lima you know. Never was and never will be.
But in the end, just like the ousted Chief Justice before her, it is a lawyer’s dream to reach the pinnacle of judicial power that finally made her seize the once-in-a-lifetime opportunity to be Chief Justice for the next 18 years, which nobody had ever achieved before.
But don’t get me wrong; I am not saying that De Lima should never be appointed to the Supreme Court (SC). She’s qualified under the Constitution to sit in the collegial body of 15 legal minds as an Associate Justice, not as the Chief Justice. For how can someone who had not written a ponencia – or ruling – before lead 14 experienced magistrates. Yes, that would be like a captain leading 14 generals.
So, why would President Benigno “P-Noy” Aquino III appoint De Lima?
P-Noy’s options
P-Noy has only two options — to appoint or not to appoint De Lima. It sounds simple and easy. But a misstep could cause irreparable damage to the judicial system.
His first option is to appoint her. That’s easy to make, after all De Lima is one of his favorite alter egos, whom many believe would be obedient to P-Noy. But that’s going to cause public uproar. She’s perceived to be a “tuta”– lapdog — of P-Noy.
But there is also a perception that P-Noy wants to appoint an outsider to get even with the “Coronarroyo” court that had repeatedly dealt him a bad hand when it ruled against the executive order that created the Truth Commission and several other executive orders. As a source has said, P-Noy felt that his administration and his own family were, in his own words, “inapi” — harshly treated — by the high court.
His second option is not to appoint her. If P-Noy had to appoint an outsider it would be De Lima since she’s the closest outsider to him among the 16 outsiders vying for the position. Appointing her would exact revenge on the “Arroyo justices.” But with the ouster of Renato Corona as Chief Justice, P-Noy might no longer feel the need to appoint an outsider. And with Bureau of Internal Revenue Commissioner Kim Henares — another favorite of P-Noy — no longer in contention after she declined her nomination, De Lima remains the top outsider nominee for the job.
Defiance
But recently, presidential spokesman Edwin Lacierda reiterated that P-Noy prefers De Lima to stay at the Department of Justice. So it came as a surprise that after consulting with P-Noy last June 29 and going on a pilgrimage to the miraculous Our Lady of Manaoag in Pangasinan last July 1, De Lima decided to accept the nomination to the high court. Did P-Noy encourage her to accept it? Lacierda said that P-Noy merely told her that he’d respect her decision if she accepted the nomination. However, Lacierda had stuck to his line that P-Noy wants De Lima to stay as DOJ secretary. If so, then De Lima appears to have defied P-Noy’s wish.
If that were the case, then it would seem to indicate that she is prone to defy anyone who would stand on her way in pursuit her agenda. Her defiance of the Supreme Court’s Temporary Restraining Oder (TRO) on the DOJ’s ban for the Arroyos to travel outside the country demonstrates what some people perceive De Lima to be: a disaster waiting to happen — or as some people would call it, a “loose cannon.” If so, would P-Noy still want her to be calling the shots in the court of last resort for the next 18 years?
But it is interesting to note that it was also because of her defiant streak that finally brought Corona before an impeachment court, which resulted in his conviction for betrayal of public trust. Ironically, if De Lima did not defy the TRO, ex-president Gloria Macapagal Arroyo and her husband Mike would have flown out to exile to avoid prosecution.
The question is: If De Lima were appointed Chief Justice, would she defy the will of the majority in cases where she strongly believes in opposite dissenting views? If so, then a De Lima court would be no different from the “Coronarroyo” court where Corona seemingly had a strong influence over the majority and swayed them his way.
Dilemma
And this is where P-Noy would have a dilemma. On the one hand, if he appointed her, it might create a maelstrom of controversy that could destabilize his administration and hamper his ability to institute reforms and fight corruption. On the other hand, if P-Noy did not appoint her, he could lose De Lima — or, worse, De Lima stays at DOJ but wouldn’t lift a finger in prosecuting corrupt officials. Either way would cause a detour in P-Noy’s “daang matuwid” (straight path).
But P-Noy might be spared the agony of making a decision in appointing De Lima. Recently, the Judicial and Bar Council (JBC) announced that it has decided “to keep all nominees with pending disbarment cases until the council makes its final vote on the shortlist to be submitted to the President.” De Lima has two pending disbarment cases filed by lawyers Agustin Sundiam and Ricardo Rivera. JBC gave De Lima and all others who are facing disbarment to clear their cases before July 30.
If the Supreme Court fails to rule on De Lima’s disbarment cases by that time, she will be disqualified. But time is something that De Lima doesn’t have. First, the Integrated Bar of the Philippines (IBP) will investigate her disbarment cases; and then it will make its recommendations to the Supreme Court, which would then make its final ruling. The entire process would take at least 30 days, which would be past July 30 by the time the high court issues its ruling… unless De Lima could pull some strings at the SC. But who among the SC justices would lift a finger to help her? And does she think that there are eight justices who would rule to dismiss her disbarment cases?
But given the obvious, why is De Lima still clinging to her hope that the Lady of Manaoag would grant her wish? It would take more than a miracle to become the top magistrate of the land. The reality is it takes experience.
(PerryDiaz@gmail.com)
It seems that De Lima would face a controversial obstacle to become a Chief Justice because of her disbarment cases and time is not in her favor. Mr. Perry Diaz is precisely correct that she would have a conflict and a hard time being just a Jr. Captain working with 14 experience Generals. I think the acting Chief Justice Carpio being the most senior among all the magistrate would be the right thing for P Noy to appoint as the new Chief Justice. This is one way he can prove to the people that he also practice his own “matuwid na daan” I would not believe or think that the acting Chief Justice will turn to be a Carpioroyo Chief Justice.
Hi Perry: Your analysis, scholarly done, very clear and loud to be heard, stunningly with effusive wisdom, made me easy and simple to what direction I will make in my own choice for the Chief of SC of the land. Of course it is only my own. I will get away from the Delimma. Make that choice to a most qualified outsider- one with integrity and vanguard of justice. Not a person with a crown (corona) of thorns. If Carpio is the man, so be it.
Hi Doc,
Thanks for your response. This will be P-Noy’s most important decision during his presidency because the effect would be felt beyond his term of office and could even span almost two decades. If he’d chose the right person for the position of Chief Justice, it would be his legacy; otherwise, it could come to known as P-Noy’s folly.
Perry
I think I would rather have a captain with integrity, dedication and conviction to do the job right than a bunch of so called experienced generals that are nothing but a bunch of crooks whose intentions are to benefit only themselves. I am not saying that DeLima is as pure as the newly fallen snow on top of Mt.Everest, but what the hell, give her a shot.
it is hightime for all filipinos to move from these ugly and worthless paradigm of failure and non-sense.
in order for the Philippines and the filipinos to move on Pnoy has to decide to select de lima for the sake and welfare of the republic and not what these crazy pundits say or like.
the Philippines is now a creditor nation, and is the darling of wall street and the US.
our nation can only move to progress if we select someone who is not afraid to tell and speak her mind….all for the benefit of the republic.
people cannot be sentimentally attached to the bullshit of the media,the catholic hierarchy,or any party….period.
people have to face the fact that doing good things and making the right decisions to benefit the future of the Filipinos,the women, and” children poor children most specially”,is very hard to do and very hard to stomach for those against(these are the worst ones who only think of themselves and their vainfull of selfishness).
all these male justices have shown nothing but greed,corruption and abuses,”IT’S TIME FOR FILIPINO WOMEN TO TAKE CHARGE AND SHINE AND DO THE RIGHT THINGS FOR ALL” THE MALE SPECIE IS ALL FAILURE FOR THE FILIPINOS.
I would like to see 3 CJ-nominees by the JUDICAL and BAR COUNCIL (JBC) to come from 3 areas:
(1) The Supreme Court
(2) Member of P-Noy administration
(3) An independent law practioner without connection with the Arroyo or P-Noy administration or their families and the case he/she handled reached the Supreme Court many times in the past and became landmark case as model for righteousness and justice for the oppressed.
My suggestion is just a wild guess and I am for # 3 option based on DAANG MATUWID (truthful, NO BOLA) that will prevent the country from getting to BANGIN NA WALANG HANGGAN.
SCENARIO: What if the JBC- recommendees are rejected by the President?
Can JBC overrule the President? I think – NO WAY.
The JBC role is merely recommendatory. The FINAL choice is with the PRESIDENT.
The Filipinos should be thankful to the framers of Cory Constitution for making the President more powerful than ever before. I believed this was how ex-CJ Corona was chosen by GMA.
Likewise, the people are led to believe that the SUPREME COURT is co-equal with the HOUSE and the EXECUTIVE branches.
Hence, in my opinion, like in BOXING scenario – the Executive is the boxer, the House is the promoter (financier) and the PUNCHING BAG is the Supreme Court.
I’m beginning to believe and agree to what Noah Crisologo and Rick Bernabe said “I am not saying that DeLima is as pure as the newly fallen snow on top of Mt.Everest, but what the hell, give her a shot.” and from Rick ” ”IT’S TIME FOR FILIPINO WOMEN TO TAKE CHARGE AND SHINE AND DO THE RIGHT THINGS FOR ALL” THE MALE SPECIE IS ALL FAILURE FOR THE FILIPINOS. Both of you got the point so lets go for it and try for DE LIMA to run the Supreme Court. This proves that three heads is better than one.
Hi Rex,
If appointed, De Lima would be Chief Justice for 18 years. That’s too long for someone who has no tract record nor experience in the Judiciary. As a lawyer, De Lima’s experience was defending leftists or advocating for leftist causes. That’s making a lot of people nervous.
Perry
Perry, of course she’s going to make a lot of people nervous, especially the guilty ones. Remember JFK appointed his brother Bobby as the top cop of the country with very little experience and he turned out to be a great AG. What the heck, if she screw up really bad, then let’s have another impeachment trial. I’d rather watch another one rather than waste time on Willie or Vic Sotto and Joey de Leon.
Hi Noah,
Tradition has it that one of the two most senior associate justices is selected CJ for a very good reason. And no ousider has even been appointed CJ for a very good reason as well. When it comes to appointments, the president shouldn’t take chances in appointing outsiders. It’s too risky to do so. We were lucky in impeaching Corona. He was impeached because of his mistake in demading that the Ombudsman testify. I know why he did it but that’s another story, which I will share with my readers soon. But De Lima is too cunning to fall in the same trap that snared Corona.
Perry
I do not think that Delima is Pnoy’s “tuta”. Delima acted based on her knowledge of the law that Pnoy wouldn’t know about.
Good Point Noah & Rudy, Bobby Kennedy did not also have Judiciary experience and turn out to be a good AG. De Lima is a sharp lawyer and she have a mind of her own and she do not need P Noy to tell her his Plan Of The Day. She has and make her own Plan of the Day.
Hi Rex,
In the U.S. Attorney General is the head of the department of Justice, which is under the Executive Branch of government and not under the Judiciary Branch under which is the Supreme Court. The U.S. Attorney General is the equivalent of the Secretary of the Department of Justice in the Philippines. Nominees to the Chief Justice position in the Philippines are required to have at least 15 years experience in the Judiciary or in the practice of law. De Lima doesn’t have any experience in the Judiciary; however, she has been a lawyer for at least 15 years. Although, she meets the MINIMUM requirements for the position of Chief Justice, there are six nominees who are currently sitting as Associate Justice of the Supreme Court, one of whom is Acting Chief Justice. These six justices are all experienced in the legal intricacies of the Supreme Court including writing a ponencia (or ruling), which is arguably the most important job of a member of the Supreme Court. The question is: Is P-Noy going to take a chance in appointing someone that has ZERO experience as a Judge or Justice of the Judiciary, which is the case of De Lima would be at the helm of the Supreme Court for 18 years? In my opinion, the facts do not justify her appointment as the highest magistrate of the land.
Perry
Perry , Way back a lot of comments about Obama that he do not have any experience in World Affairs and no military experience. He turn out to have a good managerial skill. He followed the definition of a good manager which states ” A good manager is a lazy sitting manager that he can get things done efficiently thru others.” He was successful to complete his mission as compared with Bush when he got Bin Ladden killed against the advice of his vice president Biden and Mr Gates, his sec. of Defense. He got the job done thru others through his instinct after he good information from his intelligence,that it was the right time when he said “GO” to the Navy Seal being the Commander In Chief. From this example sometimes EXPERIENCE can be learn on the job as you go alone. All De Lima needs is a good managerial and people skills to run the Supreme Court thru her side kicks, “others”
Hi Rex,
The presidency is a political office — no experience required since you can hire hundreds of subordinate to help you govern. The Supreme Court is different. i don’t have to explain since I’d assume you know it, too. The Chief Justice of the Supreme Court is more than just managing 14 associate justices. Actually, they don’t need to be managed. They’re independent from each other. The SC has a full-time Court Administrator that supervises the staff and relieves the CJ for the day-to-day supervision of staff. De Lima may be a good manager but as far as judicial experience is concerned, she has none.
I think we’ve over-argued this issue and I don’t expect you to agree with me. So let’s agree to disagree and move on. I’ve said my piece in regard to De Lima and I stand by my opinion. But let’s see what the JBC would do. Needless to say, De Lima can’t be short-listed unless her two disbarment cases are resolved by the SC before July 30. I’d say, “suntok sa buwan ang ginagawa ni Leila.”
Perry
De Lima was the hero at the airport in preventing the escape from the clutches of the Philippine Law the much hated gloria arrovo. Kung di dahil sa kanya, wala na rito sa bansa ang acusado at pakuya-kuyakoy nalang somewhere else at tinatawanan tayong lahat.
Has anyone ever noticed that we seem to be all experts in expressing our thoughts on how to deal with things that are affecting our homeland, but the fact really is that none of us can do anything about it. Most of us are probably old enough to have witnessed how our country had evolved into one of the worst disappointment to those who had sacrificed so much. The Chinese are going to do everything they can just to see how far they can push us, and our own government, with all their experts are’nt going to much to stop it. And I doubt very much that old foggies like us are going to sign up and go back to our homeland and face the Chinese. Like I said before, most of us are just people that are now on the outside looking in, we can only witness how our country is again transform into something else. Perhaps this is something that our country really need, we can’t seem to do it ourselves.