“Non-career minority will give a broader perspective of the law particularly in relation to the humanities, policy making and philosophy.
The appointment of Supreme Court Justice (SC) Diosdado Peralta as the country’s new Chief Justice (CJ) bodes well for judicial professionalism. PRRD, unlike his immediate predecessor, has prioritized men and women who have dedicated their lives to the Judiciary in his appointments to the country’s highest court. No doubt, CJ Peralta benefited from PRRD’s reliance on the seniority rule in making his judicial appointments. It was this same rule that was responsible for the appointments of both CJ Teresita de Castro and CJ Lucas Bersamin. Gone are the days when political patronage was the preferred criterion in making appointments to the SC. Our new CJ may not have a highfalutin resume as some would want, but we are assured that our Chief Magistrate has devoted at least 40 years of his life inside court rooms as prosecutor, RTC judge, Sandiganbayan Justice and as an Associate Justice of the SC. If this kind of experience should not count for anything, what would?
Recall that PNoy appointed as CJ one whose court appearances could be counted with the fingers of one hand. We knew how that appointment went.
Congratulations are thus in order to CJ Peralta for a truly deserved appointment.
Nonetheless, we should also not lose track of the virtues of appointing non-career individuals into the highest court of the land. Career judges should definitely comprise the overwhelming majority of the 15-man court. But the President should reserve two to three seats to non-career judges provided they have clearly demonstrated their knowledge, competence and appreciation of the law as a normative system. Career judges will ensure consistency in judicial rulings and the correct application of legal principles. But the non-career minority will give a broader perspective of the law particularly in relation to the humanities, policy making and philosophy. Non-career jurists, such as Justices Francis Jardeleza and Antonio Carpio, could introduce, as these two magistrates did, innovations to the law to ensure that the applicable legal principles are in tune with the changing times.
Three decades after the Marcopper mining disaster devastated Marinduque’s waterways, the province is again pressing the…
Housing is probably the biggest issue affecting people the world over.
Malacañang on Monday called for a more thorough investigation into the questioned flood control projects in Taguig…
The defense on Monday backed the move by senator-judges to exclude a prosecution witness who testified on the firearms…
With PRRD slated to make at least five more appointments to the SC for the remainder of his term — one to succeed CJ Peralta as Associate Justice, two in 2020 and a further two in 2022 — two to three non-career appointments outside of the judiciary would introduce refreshing innovations into our jurisprudence.
Meanwhile, good luck to all shortlisted candidates for the posts vacated by recently retired Justices Jardeleza and Carpio. All of those shortlisted are career judges and hence are infinitely qualified to fit into the very big shoes of their predecessors, both of whom are recognized as intellectual heavyweights in the Court. May the best men and women be appointed to these two slots!