Daily Tribune

Archive

Flag ceremonies

Darren M. de Jesus · Oct 30, 2019, 12:24 AM

“True to form, CJ Peralta talked more about changes in the rules of procedure, since he himself is an expert in criminal law and procedure.

Government employees can attest to the need to attend flag ceremonies every Monday, mainly because attendance is checked, or because the boss will be there with something to say. For some, it is an opportunity to express love and admiration for the country, translated into dedication to government service. If I had the chance to mix things up, I’d require each flag ceremony to be a call to arms for government employees to do a patriotic deed every week, rather than a ministerial recitation of our promises to government. That ‘call’ is now left to the guest speaker. Last Monday, two significant flag ceremonies were held — one at the Lower House of the Legislative Branch, the other at the Supreme Court (SC).

Chief Justice Diosdado Peralta had his first flag ceremony as the 26th Chief Justice of the Philippines. He was received with much adulation, proof that he has been recognized as a CJ-in-waiting by colleagues and the staff in the SC. For those who know CJ Peralta, he is known as a boisterous fellow who is expected to crack a few jokes, or the entertaining and interactive law professor that will keep you on your toes. But for his first speech as the primus inter pares in the SC, CJ Peralta held his ground, worthy to hold the highest position in the Judicial Branch.

CJ Peralta revealed his 10-point agenda for his three-year term, obviously an upgrade from his predecessor, CJ Lucas Bersamin, who had a four-point agenda in an 11-month term. Res ipsa loquitur was the Latin phrase of choice when CJ Peralta emphasized the need to strike down irregular decisions rendered by justices and judges, without the benefit of a complaint. The absence of a complaint in these investigations makes it susceptible to politicking, but hey, the SC has to have some wiggle room in considering high-ranking requests too.

Should there be complaints, the Judicial Integrity Board, created in October 2018, shall be implemented by CJ Peralta to act on said complaints against justices and judges, though this may be seen as a redundancy with the Office of the Court Administrator (“OCA”). CJ Peralta instead said the OCA will focus more on monitoring and supervising the performance of lower courts, which is also a pressing concern with the huge backlog of cases in the trial courts.

What was missing in CJ Peralta’s speech were the reforms in the Bar Exams previously pushed by CJ Bersamin. What will happen now to the Pass/Fail format and the non-announcement of bar topnotchers? CJ Peralta also did not give much emphasis on the introduction of technology in judiciary and the legal profession, though he did mention the automation of court processes. True to form, CJ Peralta talked more about changes in the rules of procedure, since he himself is an expert in criminal law and procedure. For law geeks such as myself, his statement in amending the rules of evidence and rules on criminal procedure in the middle of 2020, is very much exciting. To end, CJ Peralta left his message to the general public: “Let us be united and let us follow the rules.”

In the Legislative Branch, Speaker Alan Peter Cayetano was the guest speaker last Monday, which coincided with his birthday. The Flag Ceremony was well-attended by fellow legislators close to the Speaker and officials from other government agencies. Speaker Cayetano spoke at length with how the House Secretariat has been integral in the passage of the Administration’s priority measures and in shepherding what will be passed in the upcoming months. His final message to the House, he asked for a birthday gift: “And in this shared vision and mission, I ask you today as a birthday gift, please do not leave any stone unturned.” In other words, less politicking, more working.

Speaker Cayetano addressed the elephant in the room, which was the Magellan term-sharing formula between himself and Cong. Lord Allan Velasco. With all the big plans of Speaker Cayetano, a 15-month term (now with 12 months to go) is too short — as CJ Peralta said, res ipsa loquitur. Of course, the final say belongs to the Congressmen who shall put this to a vote who will be the primus inter pares amongst them.