PHNO-WANTED: NEW CHIEF JUSTICE

WANTED: NEW CHIEF
JUSTICE

MANILA, JUNE 19, 2012 (INQUIRER) By: Retired Chief Justice
Artemio V. Panganiban* -

Who should be the new chief justice
(CJ)?
Before choosing who, we must first know what: What are the
qualifications and functions of the CJ? On qualifications, the Constitution
requires all members of the judiciary to be "of proven competence, integrity,
probity and independence." In addition, Supreme Court justices—including the
CJ—must be natural-born citizens, at least 40 years old, and must for 15 years
have been lower court judges or practiced law for the same period.
What differentiate the CJ are the unique functions of that office, which are
not required of other justices. They are discussed in my new book "With Due
Respect" (the printed edition, per Inquirer president Sandy P. Romualdez, is
sold out but the digital version is still available), as follows:
1. Primus inter pares. Among the 15 members of our Supreme Court, the CJ is
the primus inter pares (first among equals) who presides over its sessions,
controls the flow of its proceedings, shapes its agenda, summarizes the
discussions and influences the direction and pace of its work. Nonetheless, the
CJ has only one vote. Thus, the CJ relies on moral ascendancy and persuasive
skill, not on boss-subordinate relationship, to sway the high court.
2. Leader of entire judiciary. The CJ is the primus not just in the highest
court. He is also the chief executive officer (or CEO) of the entire judiciary
composed of 2,000 lower court judges and 26,000 judicial employees nationwide.
He is the leader who inspires, motivates and moves them to work unceasingly, to
rise above their puny limitations, to excel beyond themselves and to achieve
collectively their loftiest dreams and highest aspirations.
While the jurist in him impels the CJ to follow tradition, to uphold
precedents and stabilize judicial thought, the leader in him requires him to
innovate, to re-engineer, and to invent new and better ways of moving the
judiciary forward.
3. Passionate reformer. Because the judiciary must cope with the fast
changing judicial, social, economic and technological environment, the CJ must
have a passion for reforms to assure speedy and equal justice for all.
This mission requires not only knowledge of law but also interaction with
other offices—both public and private—and even with foreign governments and
international institutions. Also, to keep up with the Information Age, the
judiciary must automate and computerize.
How to interact with officials and citizens, some of whom may have pending
cases—without arousing public suspicion—is a really sensitive balancing act. To
do this, the CJ—more than any other official—must rely on deep public trust in
his personal integrity and independence.
4. Leader of the bar. Because supervision of the practice of law is vested in
the Supreme Court, lawyers look up to the CJ for guidance in their profession.
This is why all bar associations want to listen to the CJ, especially a new one,
for direction and inspiration.
5. Academic and maestro. As ex-officio chair of the Philippine Judicial
Academy, the CJ is viewed as a guru, who is expected to make the continuing
education of judges a passion and vocation. Due to lack of government resources,
the CJ—without compromising judicial independence and integrity—is often
constrained to turn to outside assistance.
6. Mover and shaker. As chair of the Judicial and Bar Council (JBC), the CJ
is expected to find new and better ways of searching for, screening and
selecting applicants for judgeships. This job is critical. Quality judgments
begin with quality judges.
This imperative impels the CJ to move into nonjudicial endeavors, like
working for better compensation, better security, and better facilities for
judges. Only by securing better pay, better security and better facilities will
the JBC be able to entice the best and the brightest to join the judiciary.
7. Administrator, manager and finance wizard. The Constitution vests in the
Supreme Court "administrative supervision over all courts and the personnel
thereof," as well as the appointment of its officials and employees.
This means that the CJ must be a visionary administrator, efficient manager
and sensible finance wizard all at the same time. Several laws—like the
Administrative Code and the General Appropriations Act—place on the CJ the
responsibility of steering the entire judicial department. The Judiciary
Development Fund Law (PD 1949) and the Special Allowance for the Judiciary (SAJ)
Law (RA 9227) give the CJ the "exclusive sole power" to disburse the JDF and SAJ
funds.
8. Role model and exemplar. Our people, especially the young, look up to the
CJ as an exemplar and role model. Because of our inquisitive media and open
society, every public official is subjected to minute scrutiny. In their search
for heroes, our people often look up to the CJ as their model of an upright
public servant.
Especially during periods of political wrangling, civic groups and
nonpartisan organizations turn to the CJ to grace their seminars and inductions.
They find solace and peace in his quiet persona.
In sum, the CJ is expected to lead our highest court in its critical role as
the last bulwark of democracy. Beyond that, he attends to many sensitive,
nonjudicial leadership duties that take him to the farthest corners of the
country. That is why he is more accurately addressed as the Chief Justice of the
Philippines, not just Chief Justice of the Supreme Court.
*ABOUT THE WRITER:

[PHOTO: RETIRED CHIEF JUSTICE ARTEMIO
PANGANIBAN]
Now retired from the judiciary, Chief Justice Panganiban writes a column
every Sunday at the Philippine Daily Inquirer.
His favorite topic is principled and visionary leadership by example, which
he believes the country needs to move forward socially, economically and
politically.
He is also an adviser, consultant and/or independent director of several
business, civic, non-government, and religious groups, and a favorite speaker in
various fora, round-table discussions, seminars and talk-shows.
At present, retired Chief Justice Panganiban is Independent Director of some
of the biggest and most important listed companies in the Philippines like:
Manila Electric Company (Meralco); Petron Corporation; Bank of PI; First
Philippine Holdings Corp.; Metro Pacific Investments Corp.; Metro Pacific
Tollways Corp.; Robinsons Land Corp.; GMA Network, Inc.; GMA Holdings, Inc.; and
Asian Terminals. He is also Independent Adviser of the Philippine Long Distance
Telephone Co. (PLDT); Jollibee Foods Corp.; Senior Adviser of the Metropolitan
Bank and Trust Co.; Chairman, Board of Advisers of the Metrobank Foundation;
Chairman, Board of Trustees of the Philippine Dispute Resolution Center, Inc.;
President, Manila Cathedral-Basilica Foundation and Adviser of the World Bank;
Dela Salle University College of Law; Asian Institute of Management Corporate
Governance Center; Johann Strauss Society and Mapa Blue Falcon Honor Society.




Chief News Editor: Sol Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE NEWS ONLINE
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