Supreme Court Appointments Watch

In 2005, the Alternative Law Groups (ALG), Lawyer’s League for Liberty (Libertas), the Philippine Association of Law Schools (PALS), the Transparency and Accountability Network (TAN), and other groups came together to undertake an appointments watch project to monitor, evaluate, bring public and media attention to, and make recommendations on the appointments process for the replacement of then Chief Justice Hilario G. Davide, Jr.  This has become known as the Supreme Court Appointments Watch project, or SCAW.  SCAW continued its work in late 2006 with the retirement of Chief Justice Artemio Panganiban.  During this exercise, the SCAW consortium was able to raise the issue of appointments to the judiciary as a key governance concern.  The group successfully pushed for the conduct of public interviews of candidates to the associate justice post and took the issue on a road show that widened the advocacy base for the drive towards a more transparent and accountable appointment process.

PNoy Names Sereno as Newest SC Justice

On 13 August 2010, President Aquino named Asian Institute of Management's Executive Director, Atty. Lourdes Sereno as the newest associate justice of the Supreme Court. Below are some notes by SCA taken during the JBC's public interview of Atty. Sereno in July 2010:

ATTY. LOURDES SERENO. Atty. Sereno has been in the practice of litigation for 23 years and her involvement in litigation cases is both at the international and local levels. She also taught law for more than 20 years. She is currently the Executive Director of the Asian Institute of Management and a pioneer of law and economics in the country. She has been involved in various engagements with the World Trade Organization, GRP Peace Panel, etc. She believes she also has expertise in other fields of laws such as criminal law, labor, anti-graft and corrupt practices, and taxation. She teaches Obligations and Contracts, International Law, etc.

Atty. Sereno believes she understands the systemic problem of the judiciary and that justice infrastructure is a key factor towards economic growth.

She would propose changes in the resolution/decision management system and put importance to the Court’s human resources.

On what made her decide to apply for the Supreme Court, she answered that at the end of the day, one can only have one house, one family, and there is always the deeper search for meaning. She also thinks that it is her objective to contribute to national quest for direction and justice. She believes in the virtue of temperance.

She is also ready for a secluded life because she has to be psychologically prepared for the workings of a justice. Her family is likewise ready for it, if she is appointed. She also consulted Justice Feliciano and former Chief Justice Reynato Puno in her application.

JBC Releases Voting Records

In response to SCAW's request for the voting records, the Judicial and Bar Council has released their voting records for their recent deliberations for the Supreme Court Associate Justice position vacated by Chief Justice Renato Corona. In addition to this, during its en banc meeting on 02 August 2010, the JBC agreed to SCAW's proposal to have the voting records posted in the JBC website after the Council's approval of the minutes containing such records. Click here to access the JBC voting records.

Get to Know the Next Supreme Court Associate Justice Part II

Documentation of JBC Public Interviews continued...

Four members of the Judicial and Bar Council were present on Days two and three of the public interviews. They were Chief Justice Renato Corona, Justice Regino Hermosisima, Atty. J Conrado Castro, and Justice Aurora Santiago-Lagman. Candidates interviewed on Day 2 were Appellate Court Justices Remedios Salazar Fernando and Portia Alino Hormachuelos, Atty. Katrina Legarda, Atty. Epifania Mendoza, and former UP College of Law Dean Raul Pangalangan.

Day three interviewees were Sandiganbayan Justice Edilberto Sandoval, Commission on Elections Commissioner Rene Sarmiento, Atty. Lourdes Sereno, and Court of Appeals Presiding Justice Andres Reyes.

Only three members of the JBC (without CJ Corona) were present to interview the last five candidates on Day four. The candidates interviewed were Dean Amado Valdez of the University of the East College of Law, Atty. Alberto Valenzuela, Court of Appeals Justices Vicente Veloso and Japar Dimaampao, and Ateneo Law School Dean Cesar Villanueva.

DAY 2 of JBC PUBLIC INTERVIEW, 21 JULY 2010

JUSTICE REMEDIOS SALAZAR FERNANDO. Justice Remedios Salazar Fernando prides herself with a .05% reversal rate from the Supreme Court and a zero backlog per month at the Court of Appeals. She offers herself to the court and to country and will maintain her independence.

For Justice Fernando, her most difficult decision was the case of Jonas Burgos, the first Writ of Amparo case filed before the Court of Appeals and that which lasted for more than a year.

On the issue of the oil depots in Manila, Justice Fernando believes that that oil depots should be moved to other safer places because the 96 million pesos that the city of Manila earns from the depots would be nothing compared to the possible destruction these could do in Metro Manila.

On enhancing poor’s access to justice, she actually participates in Supreme Court’s endeavors to increase access of underprivileged to justice.

On handling public pressure, Justice Fernando said she is guided by the Code of Judicial Conduct that justices should not be affected by public opinion and should just consider the facts of the case and the relevant laws. Transparency for her is also important for better understanding of the Court’s decisions.

Justice Fernando was able to answer Justice Corona’s questions on the Supreme Court’s latest rulings with regards to election law issues and Writ of Kalikasan.

Who Will PNoy Appoint to the Supreme Court?

Who Will PNoy Appoint to the Supreme Court?
Get to Know the Next Supreme Court Associate Justice
Day 1 of the Judicial and Bar Council Public Interviews
Documented by: Leslie B. Flores and Reylynne F. dela Paz
Supreme Court Appointments Watch


On 19 July 2010, with less than 20 people inside the gallery, at around 9:50 am, or almost an hour late from the 9 o’clock am schedule, the Judicial and Bar Council interviewed five of the twenty eight applicants vying to be the next Associate Justice of the Supreme Court. Among those interviewed by JBC were Appellate Court Justices Hakim Abdulwahid and Mariflor Castillo, Justices Ernesto Acosta and Lovell Bautista of Court of Tax Appeals, and Sandiganbayan Justice Francisco Villaruz. Below are some notes from the public interview:

Justice Hakim Abdulwahid. Justice Abdulwahid has been nominated in four occasions in six Supreme Court vacancies in 2009. As an applicant, Justice Abdulwahid invokes the provision of the Republic Act 9054 or the Act amending Republic Act 6734, entitled ‘An Act Providing for the Autonomous Region in Muslim Mindanao”. Section 2 of the said Law provides that “it shall be the policy of the central government or national government that, whenever feasible, at least one (1) justice in the Supreme Court and two (2) justices in the Court of Appeals shall come from qualified jurists of the autonomous region.” When asked by JBC member J Castro however on how he assesses the Supreme Court in the delivery of justice, he said that he believes the High Court applies the Law to all citizens of the country regardless of religion.

Given the chance, Justice Abdulwahid would like to institute reforms in line with the effective administration of Sharia courts. On the possible reforms he would initiate in the Bar, his response was to support proposal to revise the format of bar exams wherein instead of essays, a certain portion of the exam should have objective type of questions.

On Constitutional amendments, Justice Abdulwahid thinks that the Senate and House of Representatives should vote separately as how they usually decide and vote on issues. He also prefers Constitutional Convention instead of Constituent Assembly.

He is in favor of foreigners acquiring lands in the country to improve the economy and attract investments, provided however that there should be limitations in their land acquisition. Justice Abdulwahid also favors the federal form of government because there will be more participation from the people and more funding in the local areas.

His judicial philosophy is to uphold the Constitution and rule of law and believes that justice is giving to the person what is due him.

He also believes that justices committing bribery should be dismissed from service and disbarred. He is most comfortable with labor law and has been a trial judge for 11 years.

Justice Abdulwahid currently has no pending case filed against him.

Justice Ernesto Acosta. Justice Acosta is the presiding justice of the Court of Tax Appeals. He believes that his experience is mainly but not exclusively on taxation. One of his major achievements in the CTA was to solve the problem of lack of adequate facilities for the Court of Tax Appeals. Justice Acosta has 95 percent affirmation rate of cases elevated to the Supreme Court. He believes that the challenge for him is to cope with the latest jurisprudence in fields of law other than taxation. He also was not very aware of the latest Supreme Court decisions and doctrines and despite his membership in the Board of the Philippine Judicial Academy, he seemed unaware of the PhilJA’s curriculum.

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