CJ Bersamin wrap-up

“I’d rather have an optimistic leader rather a pragmatic one at any given time.

Chief Justices don’t normally face the media, much less grant a one-on-one interview in a news show. As the co-equal head of government on the same footing as the head of the Executive Branch (e.g., the President) and the Legislative Branch (e.g., the Senate President and Speaker of the House), the Chief Justice usually shuns the limelight given his stature as the final interpreter of the laws created by the Legislative, and implemented by the Executive — the essence of Separation of Powers.

In a rare TV guesting on a 30-minute new show, CJ Lucas Bersamin, set to retire in nine days, or on 18 October, gave us a glimpse on his sense of what he has accomplished in his short 11-month term as the highest official in the Judicial Branch. The 1st half of the show was dedicated on his Four-Point Agenda he introduced upon his appointment as CJ, and the second half played on his political tendencies and inclinations. Expectedly, the news items played after this interview focused more on his answers in the second half since these grazed upon the hot topics. In this column, let us focus on the first half of his interview.

Ambitious — my description of the Four-Point Agenda of CJ Bersamin, which is a good thing, since I’d rather have an optimistic leader rather a pragmatic one at any given time. Based on the interview, CJ Bersamin seems proud of what he has accomplished so far, and seems content in stepping down this month. Here is his Four-Point Agenda, as I understood it from the interview, and my respective comments:

First, CJ Bersamin mentioned that the Supreme Court prioritized the improvement of the procedural rules of court, for it to be adoptive to modern technology because, according to him, the Philippines should not be left behind. Quite frankly, I haven’t read much about any developments in the Rules of Court aside from the Rule on Cybercrime Warrants, but this was issued before the term of CJ Bersamin. But do not take it from me, I haven’t litigated for three years already.

Second, access to justice at underserved areas was improved. CJ Bersamin mentioned that law students, who are good and skillful, should be allowed to litigate. He cited as an inspiration a learning visit to the US prior his appointment as CJ, where he went to Harvard, Suffolk and Georgetown Law Schools. There, he saw that law students were given an opportunity to serve the people and face the judge with ownership of a case, without being an attorney yet. Because of this, he called for a Legal Education Summit last July, where he recommended the revival of the rules allowing law students to practice that should be implemented two years from now.

Third, address the presence of unfit or misfit lawyers, judges and court personnel; and to remove, suspend and penalize these people. CJ Bersamin, although admitted that no judge has been removed yet, gave hints of cases filed. But if there’s any proof of this, it would have to be the unfortunate suspension of Senatorial candidate, the prolific Atty. Larry Gadon, though I am not sure if CJ Bersamin had a hand in this.

Fourth, CJ Bersamin reiterated his intent to reform the Bar Exam, my personal favorite. It is his position that Filipinos are too fixated on the Bar Exams. To quote, CJ Bersamin said that 1 ½ years are devoted by families, not just the examinee, for each Bar Exam. He is so correct in saying that the entire family is at stake in each Bar Exam, which requires a lot of economic and emotional resources. CJ Bersamin said in the US, only two months are spent for bar exams; while in Australia only three weeks. CJ Bersamin said that he has been talking to Justice Marvic Leonen, the Bar Chairman of the 2020 Bar Exams, to implement the Pass/Fail system in the Bar Exam where there no Bar Topnotchers announced and no Bar Exam grades will be released.

I cannot agree more with the last point, yet as I have written before, we can come to a compromise of having a Pass/Fail system, but the names of the Bar Topnotchers will still be released, and all examinees will have the chance to request for their numerical grades and exam booklets. The change can be gradual, or else there will be uproar and instant reversion to what we been accustomed to. But the most important thing, in my opinion, is for the next Chief Justice to carry on what CJ Bersamin has started. More on the Judiciary in my next columns.

E-mail: darren.dejesus@gmail.com or tweet @darrendejesus.