I

18, 1949.
Note
EDITOR’S
f a name can be a foretelling of a child’s future, perhaps it was fate that
former Abra Governor Dr. Luis F. Bersamin Sr. and his wife Dr. Rosario
Purugganan Bersamin would name their fourth son “Lucas” on October
EQ is defined as the ability to understand and manage your own emotions, as
well as recognize and influence the emotions of those around you.1 A person who
has a high EQ is said to have self-awareness and empathy. In effect, it means
you are comfortable with your limitations and you can sense the emotions of
others.
In Latin, “Lucas” means “light giving.”
The psychologist who popularized the term EQ, Daniel Goleman, told the
Thus, when Lucas P. Bersamin became the 25th Chief Justice of the
Harvard Business Review that:
Philippines on November 28, 2018, he undoubtedly had a mission to fulfill, if only
based on the meaning of his name. “The most effective leaders are all alike in one crucial way: They all have
a high degree of what has come to be known as emotional intelligence. It’s
Intelligence as an attribute of CJ Luke is already a given, and I will not dwell
not that IQ and technical skills are irrelevant. They do matter, but...they are
on that further. Instead, allow me to write about what made him an effective Chief
the entry-level requirements for executive positions.”
Justice despite a relatively short 11-month stint.
It can probably be said that every magistrate is a leader in his or her own
In one of his last interviews by media, CJ Luke was asked what trait must
right, for each decision or judgment he or she renders will surely affect the lives
a Chief Justice possess. According to him, a Chief Justice, or even a Justice or
of others. Also, the adjudication of cases will necessarily involve human contact
judge for that matter, must have a high emotional intelligence or EQ.
and interaction. Trial court judges will always be dealing with lawyers, witnesses,
litigants, and court staff. In appellate courts, which are all collegial bodies, justices 8.) learn to TRUST the ability of others;
will be interacting with their peers, court attorneys and also personnel. Thus, a high 9.) have a sense of HUMOR, though not too much lest you become a clown;
degree of EQ is indeed required from members of the Judiciary. 10.) SHED your quest for glory because it is not about you, it is about the
institution or office you represent; and most importantly,
With that in mind, allow me to enumerate the 11 traits of an effective leader as I
11.) be genuinely KIND.
had personally witnessed, seen, and learned from no less than CJ Luke during my
nine-month crash course on leadership. Thank you very much CJ Luke for lighting the path and leading the Judiciary
back to normalcy. You were truly the healing Chief Justice the Judiciary needed.
To be a TRUE LEADER you must:
I wish you happiness and good health on your retirement. God bless
1.) always be HUMBLE; you always, Chief!
2.) EMPOWER the people you lead;
3.) ENCOURAGE and allow your peers to shine and be proud of them if they do; Atty. Brian Keith F. Hosaka
4.) have EMPATHY; Editor-in-Chief
5.) constantly PRAISE people regardless of their position;
6.) be SELFLESS; 1
Landry, L. (2009, April 3). Why Emotional Intelligence is Important in Leadership, Harvard Business School Online. Retrieved
7.) be PROTECTIVE of subordinates and always have their backs;BEN
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 SC Talented Artists By Jay B. Rempillo

S
upreme Court artists showcased their painting
skills during the Chief Justice Lucas P. Bersamin
Painting Competition.
With the theme “Memories,” Charito Cruz-Rojas
(Statistical Reports Division-Court Management Office,
Office of the Court Administrator) emerged as the big
winner having won the first and third place with her entries
Boss Pepe and Ayuntamiento, respectively. Cesar Tito Royeras
(Public Information Office) took the second place with his
entry En Banc Oral Arguments.
Chief Justice Bersamin was present to personally
congratulate the winners during the awarding at the
Judiciary Memorabilia Hall, SC Old Building, Taft Avenue,
Ermita, Manila on October 10, 2019.
The Chief Justice was joined by Deputy Court
Administrator for Mindanao Leo T. Madrazo and Assistant
Court Administrator and Public Information Office Chief
Brian Keith F. Hosaka as judges. The criteria for judging were
interpretation and clarity (20%), creativity and originality
(20%), quality of artistic composition and design (30%), and
overall impression (30%).
The painting contest, the first to be held among SC
employees, was organized by the Judiciary Arts Society
Painting Club headed by Atty. Joyce Jazmin G. Dimaisip-
Cunanan, SC Library Services Chief.
Other participants were Rosanna Ramos (Judicial Records
Office), Yvone Atis (Statistical Reports Division-CMO), and
Mary Ann Nelmida (Property-OCA).

Chief Justice
Lucas P. Bersamin
poses for posterity with the
participants in the Chief
Justice Lucas P. Bersamin
Painting Competition and the
Judiciary Arts Society Painting
Club headed by SC Library
Services Chief, Atty. Joyce
Jazmin G. Dimaisip-Cunanan.

Charito Cruz-Rojas of the Statistical Reports Division-Court Manage-

ment Office, Office of the Court Administrator wins first and third place
with her entries Boss Pepe and Ayuntamiento (inset).

4 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
 The Four-Point Agenda By Jose Salvador A. Zenarosa

" As the Chief realized that there is a dearth of competent lawyers, he

has invested in the improvement of the quality of education of future
lawyers in the country by introducing the shift to the experiential approach
in legal education as used in some progressive countries..."

C hief Justice Lucas P. Bersamin crafted a Four- the need for a new procedure for litigating cases involving purely
Point Agenda for his 11-month tenure. money claims, which the trial courts had to resolve within 30 days
from the filing of the claims. During its initial implementation, the
FIRST was the revision of the Rules threshold was only P100,000. The adoption was aimed at solving the
of Court with the main goal of rendering congestion of the dockets of first-level courts brought about by the
current procedural laws responsive to the needs of the times as large number of such cases.
well as adaptive to the fast moving technological developments.
Another result was the Revised Law Student Practice Rule, which
The Supreme Court, through a resolution dated February amended the provisions of Rule 138-A of the Rules of Court. This is
26, 2019, increased the threshold amount for money claims calculated to hasten the shift to experiential legal education to be
cognizable by the Metropolitan Trial Courts (METCs) under the adopted by our law schools in the near future. A salient feature of
Revised Rules of Procedure for Small Claims Cases (Revised Rules the Revised Rule is that a law student must now be certified to be
for Small Claims) from P300,000 to P400,000 beginning April 1, able to engage in the limited practice of law. Under this Revised Rule,
2019. The Rules were first implemented in 2010 in response to among others, applicants to the 2023 Philippine Bar examinations
who have graduated from a
foreign school may be admitted
to take the Bar examination
upon submission to the SC of
pertinent certifications.

The Court likewise approved

the guidelines on the use of
video-conferencing technology
to allow the remote appearance
and testimonies of those facing
charges and detained in jail. The
guidelines, which took effect on
September 1, 2019 and tested
in Davao, aim to guarantee
and preserve the constitutional
rights of the accused in court
proceedings who are persons
deprived of liberty (PDLs)
being detained in a district, city
or provincial jail or a national
inmate committed in a national
penitentiary. The Court is
utilizing videoconferencing
technology for inmates to
eliminate the safety, security
and health risks posed by the
personal appearance of PDLs

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who are “considered to be high-
risk or afflicted with highly
contagious diseases.” Such
risk is not only averted by the
accused but also by the judges,
court personnel, and the public
in general.
SECOND in his agenda
is the improvement of the
infrastructure of the Judiciary.
The improvements in the
physical infrastructure are best
quantified with the inauguration
of the following newly
constructed or repurposed
buildings – 1) Hall of Justice
(HOJ) of the Regional Trial Court
(RTC) and Metropolitan Trial
Court (MeTC) Marikina City; 2)
HOJ of the MeTC Valenzuela;
3) Archive Building of the
HOJ of General Santos City; 4)
Expanded HOJ Building of the
province of Sarangani; and 5)
HOJ of the RTC Quezon City.
In anticipation of future
court buildings, Chief Justice
Bersamin also witnessed the
signing of the Deeds of Donation
6 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
for a new HOJ for San Pablo City,
Laguna and for the construction
of the Cebu Judiciary Complex
in South Road Property in
Cebu City. Another coup was
the signing of a Memorandum
of Understanding (MOU) with
the Bases Conversion and
Development Authority (BCDA)
for the allocation of a 5.8-hectare
area inside the National
Government Administrative
Center (NGAC) in New Clark
City for the SC and its attached
THIRD on the Chief’s improvement of the quality of
agencies to serve as a Judiciary
agenda was enhancing access education of future lawyers in
complex.
to justice. While the Court has the country by introducing the
activated a lot of Family Courts shift to the experiential approach
As for the qualitative
by appointing their presiding in legal education as used in
infrastructure, four new Justice
judges, it was soon found out some progressive countries,
Zones were launched: Angeles
that courthouses were not being particularly the United States
City, Davao City, Bacolod City,
built fast enough to catch up of America. In line with this,
and Naga City. This brings the
with the appointments. In the the Court held the 2019 Legal
total to six Justice Zones where
meantime, they have to share Education Summit, the first-
there is heightened coordination
the existing courthouses which ever Philippine legal education
between and among the
are admittedly less than ideal. It summit.
different justice sectors and
is a temporary fix which should
agencies, with the goal of an
sooner be resolved. The Court also allowed the
expedient, cohesive and proper public free access to the SC
dispensation of justice. The first
As the Chief realized that electronic library or e-Library “in
two Justice Zones are in Quezon
there is a dearth of competent order to enhance transparency
City and Cebu City.
lawyers, he has invested in the and provide better access for
lawyers, law professors, law
students, and legal researchers to
decisions, resolutions, issuances,
and rules of the court.” The
e-Library, a searchable database
of jurisprudence including
SC decisions and resolutions
from 1901 to the present, laws
including present and past
Constitutions, SC issuances
such as present and past Rules
of Court as well as resolutions
in administrative matters, and
other references, was only
accessible to judges and court
lawyers in its 15-year existence.

The Chief, through the

Public Information Office
or the PIO, also launched
its newly improved and
redesigned website and the
Supreme Court Application or
SC App, a software which can
be downloaded to mobile
devices such as smartphones
and computer tablets. The SC
App contains four features –
the Judiciary Memorabilia Hall,
the Court Locator, the Lawyers’
List, and the SC Directory.
Recently, the Court launched
the new Judicial and Bar Council
Website and Online Application
Scheduler to further assist the
JBC in vetting competent and
qualified applicants.
Of personal interest to the
Chief was the inauguration of
the Judiciary Memorabilia Hall
at the Old Supreme Court
Building. This is intended
to be the repository of
historical works and personal
memorabilia of incumbent and
retired Justices of the Supreme
Court, carefully curated and
consistently evolving to reflect
the dynamism of the institution.
FOURTH. Rounding up
his four-point agenda is the
thrust in disciplining the ranks.
The Court recognizes that
having ethical and competent
members of the Bench and
the Bar is essential to the Rule
of Law. Hence, it must instill
discipline in the ranks of the
judges, court personnel, and
the legal profession, and purge
the Judiciary of the corrupt, the
misfits, and the scalawags.
Statistics from the Office of
the Court Administrator show
that from January to June 2019,
there were 21 judges who were
fined, suspended, reprimanded,
or admonished and 94 lower
court employees were dismissed
from service, admonished,
fined, reprimanded, had benefits
forfeited, and suspended. One
Court of Appeals personnel
was dismissed from service,
while one personnel from
the Sandiganbayan was
reprimanded. In the Supreme
Court, eight (8) personnel
have been fined, suspended,
reprimanded, and admonished,
and one (1) was dropped from
the rolls due to absence without
leave (AWOL).
For the same period,
statistics from the Office of
the Bar Confidant show that
the Court has sanctioned
83 lawyers who were either
disbarred, suspended from the
practice of law, suspended from
the practice of law or notarial
practice or both; or fined,
reprimanded, admonished,
warned, and censured.

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 " I would like to be
remembered as a CJ
who did so many things
to change this institution,
from the former troubled
Supreme Court and
Judiciary to its present
state where we no longer
experience these kinds of
turbulence. That’s a very
strong legacy for me.”

8 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
THE HEALING CHIEF JUSTICE
B a n g u e d ,
Abra,
Young
Purugganan
Bersamin was about to graduate
from the St. Joseph Seminary
and was determined to become
a priest. This was encouraged
1965.
Lucas
by his mother, Rosario, a devout
Catholic and a pharmacist by
profession. She wanted her
middle child to be spared from
the lure of Abra politics – a realm
she knew all too well being of
the illustrious Paredes clan.
Mother’s instinct may have been
triggered by the fact that her
husband, Dr. Luis F. Bersamin,
Sr., was from the rival Villamor
family, and while a moment of
calm had set in with their union,
it was still a precarious situation
she could not leave to chance.
At that time, the seminary
was in its infancy and was
not operating with a full
complement so its interns took
daily trips to Bangued on board
a makeshift German-made
truck after their daily ora et
labora which included planting,
harvesting, and cleaning toilets.
It was a tough time for the young
Lucas who had been accustomed
to the trappings of privilege, but
that experience may have been
providential in reinforcing the
values of hard work, faith in
God, and humility. In hindsight,
the Chief Justice muses, “Laking
probinsiya ako. I also come from
Bangued, Abra, one of the
poorer provinces in the north,
and maybe throughout the
Philippines. You cannot be
anything but humble. Growing
up, we were not trained to be
entitled or mayabang, kahit na
highly positioned 'yung family
namin sa probinsiya, we cannot
By Jose Salvador A. Zenarosa
deny that. But our upbringing
had always been for us to look
at others in much the same way
that we look at ourselves. We
belong to the fourth generation
in our family who are known
for treating others with equality.
We did not discriminate. That
Graduating at the top of his
class became Lucas’ ticket to the
University of the Philippines in
Diliman. His choice of Political
Science as his major field of
study was a no-brainer, it was
practically in his DNA. “Political
Science came naturally for me
also studied under people who
later on became radicals like
Fr. Ed de la Torre. In my final
year in the seminary, he was our
Regent and he taught Latin.” In
hindsight, he did not think that
it was anything strange while
he was at UP. “The bottom line
turned out to be very important because I was very interested in is ayaw ko ng gulo. That was my
to me.” government affairs,” the Chief training from the start. I would
Justice looks back. This was the not be rabid about anything,”
But just as he had begun to time when his father served as the Chief Justice declares.
settle into his calling, a fateful vice governor of Abra.
event shook his core and had Things took a turn as he
him question everything he had This was also 1965, at the was about to graduate from
worked hard for. cusp of the first quarter storm, college. His father did not opt
and at the very frontline of to campaign for a second term of
“There was an incident while student activism. Even as a office. A strict military man, Dr.
I was in the seminary when my self-professed probinsyano, Bersamin, Sr. wanted to secure
father ran for vice governor of the he was very much aware of the future of his six children and
province. His political opponents the radicalism around him. went back to serve in the military
mounted machine guns on “UP was the most radicalized to qualify for his pension. The
top of the kapitolyo which was campus at that time. However, younger Bersamin was bent on
very close to our house and the having come from the seminary graduating early so he could
ancestral home of our mother’s where the training was very help with the family’s finances.
side of the family. They strafed rigid, schedule was very tight, He also wanted to send himself
both our homes with bullets. and discipline is the first order of to law school. He immediately
That insulted me very much and business, I thought that I was in found work as an insurance
scarred me deeply,” he recalls. no danger of being radicalized. underwriter after graduating
“We had been violated, and our Let’s also not forget that I come from UP. His plan was to work in
home desecrated.” from a deeply religious family,” Intramuros during the day and
he rationalizes. “Interestingly, I enroll in the evening program
It was also right around that
time when Lucas was named
valedictorian, both by the St.
Joseph Seminary where he
studied Latin and Theology,
and the Colegio del Sagrado
Corazon where he completed the
secular high school curriculum.
“I decided that if I were not to
become a priest, I should do
something about getting even.
That was my mindset then. I
was young. I was angry. I told
myself I would take up law and
avenge the wrong that had been
done to us,” he shares. He was
then a young man at 16, and on
a mission which his mother had
instinctively feared.
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at the UP College of Law’s Padre
Faura campus.

But once again, fate had

other plans. It turned out that
the Manila campus had been
phased out. “It was a very hard
decision for me to make, whether
I should enroll at UP in Diliman
and sacrifice my employment,
or enroll at a school nearer to
the office. At that time hindi pa
naman mahirap mag-travel kasi
wala pa masyadong traffic. I first
considered the Lyceum, then
FEU, San Beda, UST, and then
the University of the East. At that
time, two of my older brothers
were already enrolled in UE,
and even if I were to use the
Veterans Educational Benefit my
father had earned in financing
my education, I thought of going
to UE finally because it offered a
‘family discount.’ With the three
of us studying there, the discount
became quite substantial,” the
Chief Justice reminisces.

Another perk that UE had

for its graduates was a promised
P20,000 cash incentive to anyone
who would bring honor to
the school by having a place
in the Top Ten of the board
or Bar exam of their field of
study. “I had actually written
down the amount on a piece of
paper as some sort of a visual
aid to inspire me and push me
further. But let me tell you, the
hardest part was waiting for the
results,” he reveals. So, when
the results came out, it showed
that he ranked 9th in the 1973
Bar Examinations, with a perfect
score of 100% in Criminal Law.
It was nothing less than the
fulfillment of his vision.
His next plan was to become
a brilliant lawyer. He knew
he was good, but he wanted
to be better. He wanted to be
eloquent, erudite, and polished.
He had not forgotten his promise
of vengeance in Abra.
In the meantime, while he
was at the courthouse for a close
friend’s civil wedding ceremony,
Lucas was introduced to the
bride’s best friend, Rorie Bagares.
He was instantly smitten by her
smile and quiet confidence. And
after a whirlwind courtship, it
was Rorie’s turn to walk the aisle
and thereafter become “Mrs. pursue a career in the Judiciary were proclaimed by separate and
Aurora B. Bersamin.” instead of going into politics. independent panels of judges.
She felt that her husband would
It was just a matter of time make an outstanding Judge, and The following year, he
before the idea of serving his prodded him to be one. He was was recognized with the Chief
province and throwing his hat appointed Regional Trial Court Justice Jose Abad Santos Award for
in Abra’s political arena began judge in Quezon City on his Judicial Excellence and his place
swirling in his head. Two of his first attempt in 1987. “She was as a shining star in the Judiciary
older brothers had then already right, as always,” he says with became unshakable. With his
begun to establish themselves an impish smile. sterling reputation banked by 17
in politics and wanted him to years as an RTC Judge, Bersamin
join their ranks to strengthen Thus began Judge Lucas was ripe and ready for his ascent
the Bersamins’ position in the P. Bersamin’s career in the to the Court of Appeals as an
province. With a flourishing Judiciary. By then, he had earned Associate Justice in March 2003.
career in the private practice, it the eloquence, erudition, and
was inevitable. But this time, polish he had aspired for, so But not all the accolades,
their mother, Rosario, put her much so that in 2001, he became recognition, and successes could
foot down adamantly. She the recipient of the Chief Justice have prepared Justice Bersamin
foresaw a situation where the Fred Ruiz Castro Memorabilia for what happened on December
brothers at some point in their Commission’s Best Decision 16, 2006. It was the wedding of
political careers might run Award, both for the Civil Law his eldest daughter, Pia, at the
against each other for a position. and Criminal Law categories. Mt. Carmel Church in Quezon
This record double award City. The rites had just concluded
From the very start, Rorie had remains unchallenged up to this and the entourage was making
always been very supportive of day. Such feat is particularly its way to the church’s entrance
her husband. However, she had momentous considering that when gunshots rang out which
silently wished that Lucas would each of the award categories sent people scampering for cover

10 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE

amid screams of panic. The lone
gunman hopped on a waiting
motorcycle, tore off the Barong
Tagalog he had used to blend in
with the guests, and sped off to
the side streets of New Manila.
Two bodies laid motionless at
the church’s façade. The Justice’s
brother, Congressman Chito
Bersamin and his bodyguard
had been assassinated.
“My dad was shocked, but
quickly regained his composure
when he saw me,” recalls Pia
Bersamin-Embuscado, now an
RTC Judge in Las Piñas. “He
gave me a hug and told me,
‘wala na si Uncle Chito mo, Chee
(his term of endearment for his
eldest),’“ as he shed a tear.
Refusing to allow the tragedy
to ruin his daughter’s special day,
and to deny the perpetrators of
the cowardly act the satisfaction
of seeing their family under such
" We belong to the
fourth generation
in our family who are
known for treating
others with equality."
day one, even after he had been
appointed Associate Justice of
the Highest Court of the land. In
fact, Judge Bersamin-Embuscado
confirms that “he never went to
the RTC of Quezon City from
the time it was filed, until after
it was decided. The first time he
had set foot there was last year
when they welcomed him as
Chief Justice.”
“I never lifted a finger or
expressed my interest in the
outcome of the case,” the Chief
Justice declares. “I believe
justice had been served. Any
interference or attempt to
vulnerable circumstances, Justice influence the decision would
Bersamin instructed everyone have diminished the value of
to proceed to the wedding the justice accorded the victims
reception. Somehow, suspicion and their family. I am just
was rich that the masterminds glad we can somehow move
were among the invited guests forward,” the Chief Justice
themselves. concludes.
Suddenly, the strafing Chief Justice Bersamin had
incident in Bangued in 1965 paledbeen called a “healer” by no
less than former Chief Justice
in comparison if only for the fact
that the authors succeeded in Reynato S. Puno. He pointed
out Chief Justice Bersamin’s
their mission. But unlike then, he
took the high road and accepted humility and “superior
the iniquity of fate. He was no intelligence which was not
longer an angry young man coupled with arrogance.” Puno
with an axe to grind. The years adds, “the Chief Justice must
of patient study, unrelenting have that leadership quality,
practice, and open-minded that ability to unite the Justices,
experience have equipped him and also to inspire hope in the
rank and file employees of the
with the armor to face adversities
Court. It takes a special kind
head on. Most of all, it forged his
faith in the system of justice heof character to do this – to be
represents. intellectually at par with his
peers, and at the same time to
Justice Bersamin had kept be able to touch base with the
his distance from the case since employees of the Judiciary.”
BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
The idea of being thought
of as a “healing Chief Justice”
strikes a chord with Bersamin,
“[to be a] Chief Justice like me
at a time like this, it’s already
a big legacy that I was able to
smooth out any kind of ruffle in
the Court’s business, reputation,
or perception. I would like to
be remembered as a CJ who
did so many things to change
this institution, from the former
troubled Supreme Court and
Judiciary to its present state
where we no longer experience
these kinds of turbulence. That’s
a very strong legacy for me.”
But conversations about
legacy does not mean writing
finis to the man who had served
the Judiciary since 1987. They
only serve to define that period
in its history when a leader
rose from its ranks, cast aside
personal agenda and pettiness,
generously empowered his
peers, tirelessly introduced
reforms, created an atmosphere
of inclusiveness, and allowed
synergy to work its magic.
While Chief Justice Lucas P.
Bersamin may have retired, his
luminosity cannot be denied.
He is not one to rest on his hard-
earned laurels.
Postscript:
Four months into getting settled as Citizen
Bersamin, the Chief had been called from
retirement to serve as Chairman of the troubled
Government Service Insurance System (GSIS).
His legacy – the work of spreading the gospel of
healing - is not yet done.
11
 SIGNIFICANT DECISIONS
OF CHIEF JUSTICE BERSAMIN
By Judge Ellen V. Abesamis-Quinto

" With his incisive mind, he analyzes facts and circumstances with
irrefutable logic. Combined with his high sense of justice, intellectual
power and mastery of the English language, his decisions make for
pleasurable and instructive reading. "

C hief Justice Lucas P. Bersamin retired from

the Supreme Court as the 25th Chief Justice of
the Philippines on October 17, 2019. In his 10
years as a member of the Court, he displayed
an undeniable wisdom and acuity in rendering
decisions assigned to him. Even in his days as a Regional Trial Court
(RTC) Judge, he was best known for his meticulous and thoughtful
decisions that were convincingly articulated in easily understood
prose, a standard that he had kept until he reached the pinnacle
within ninety days from the occurrence thereof” from a “list of at
least three nominees prepared by the Judicial and Bar Council for
every vacancy.” That question was without a doubt impressed with
transcendental importance to the country because the appointment
of the Chief Justice is deemed any President's most important
appointment.

CJ Bersamin wrote the opinion of the majority that the incumbent

President can appoint the successor of Chief Justice Puno upon his
of his career in the Judiciary. In 2000, the Chief Justice Fred Ruiz retirement on the ground that the prohibition against presidential
Castro Memorabilia Commission awarded him the much-coveted appointments under Section 15, Article VII does not extend to
distinction of having written the Best Decision in Civil Law and the appointments in the Judiciary. The decision referred to the records of
Best Decision in Criminal Law among Regional Trial Court Judges, the deliberations of the Constitutional Commission to reveal that the
a feat which remains unprecedented. It is no wonder that in 2002, framers purposely reflected their intention and manifest their vision
Chief Justice Bersamin won the Chief Justice Jose Abad Santos Award of what the Constitution should contain. Section 9, Article VIII states
as Outstanding RTC Judge of that year given by the prestigious that the appointment of Supreme Court Justices can only be made by
Foundation for Judicial Excellence, the citation being as follows: the President upon the submission of a list of at least three nominees
by the JBC, while Section 4 (1) of the same Article mandates the
Judge Lucas Bersamin has proven himself to be one of the most President to fill the vacancy within 90 days from the occurrence of
intelligent, knowledgeable and accomplished officials in the Bench. With the vacancy. The Court also ruled that Section 15, Article VII on the
his incisive mind he analyzes facts and circumstances with irrefutable prohibition against midnight appointments does not apply as well
logic. Combined with his high sense of justice, intellectual power and to all other appointments in the Judiciary. In this light, the ponencia
mastery of the English language, his decisions make for pleasurable quoted Associate Justice Regalado’s statement to the JBC during its
and instructive reading. The extensive citations and footnotes, the meeting on March 9, 1998 to discuss the question raised by some
perfect format and presentation provide an insight about the extensive sectors about the “constitutionality of . . . appointments” to the
research, thought and effort in preparing his decisions. Court of Appeals in light of the forthcoming presidential elections.
He assured that “on the basis of the (Constitutional) Commission's
Following are among his memorable and noteworthy decisions records, the election ban had no application to appointments
in the Supreme Court. to the Court of Appeals.” This confirmation was accepted by the
JBC, which then submitted to the President for consideration the
1. DE CASTRO V. JUDICIAL AND BAR COUNCIL, nominations for the eight vacancies in the Court of Appeals.
629 PHIL. 629 (2010)
2. AIR TRANSPORTATION OFFICE V. SPOUSES RAMOS, 659
The consolidated petitions in the case of JBC v. De Castro PHIL. 104 (2011)
presented the legal question on whether then President Gloria
Macapagal-Arroyo, whose term was set to end on June 30, 2010, can The case of Air Transportation Office v. Spouses Ramos began when
appoint the successor of Chief Justice Puno upon his compulsory the spouses Ramos filed an action for collection against the Air
retirement on May 15, 2010, which was merely seven days after Transportation Office (ATO) before the Baguio City Regional Trial
the presidential election. It called for the interpretation of the Court (RTC) when ATO failed to pay the agreed purchase price
constitutional provision under Section 4 (1), in relation to Section for the portion of land used as part of the runway of the Loakan
9, Article VIII of the 1987 Constitution, that “vacancy shall be filled Airport. ATO asserted that the RTC had no jurisdiction to entertain

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the action without the State's consent considering that the deed
of sale had been entered into in the performance of governmental
functions.
CJ Bersamin reiterated the standing rule that the immunity from
suit is based on the political truism that the State, as a sovereign, can
do no wrong. There are several practical considerations that dictate
the establishment of an immunity from suit in favor of the State;
to hold otherwise would make the State suable at the instance of
every other individual, seriously impede government service, and
endanger public safety because of the number of suits that the State
has to defend against. The ruling of the Court affirmed the Court of
Appeals’ findings, to wit:
In our view, the CA thereby correctly appreciated the
juridical character of the ATO as an agency of the government
not performing a purely governmental or sovereign function,
but was instead involved in the management and maintenance
of the Loakan Airport, an activity that was not the exclusive
prerogative of the State in its sovereign capacity. Hence, the ATO
had no claim to the State's immunity from suit. We uphold the
CA's aforequoted holding.
Moreover, CJ Bersamin noted the Court’s observation that the
doctrine of sovereign immunity cannot be successfully invoked
to defeat a valid claim for compensation arising from the taking
without just compensation and without the proper expropriation
proceedings being first resorted to of the plaintiffs' property.
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3. LAND BANK OF THE PHILIPPINES V. SUNTAY, 678 PHIL 879
(2011)
The 2011 case of Land Bank of the Philippines v. Suntay was an
offshoot of the 2007 case of the same title penned by retired Justice
Angelina Sandoval-Gutierrez. In the original case, the Court
declared that the original and exclusive jurisdiction to determine
just compensation under Republic Act No. 6657, otherwise known
as the Comprehensive Agrarian Reform Law (CARL) pertains to the
Regional Trial Court (RTC) as a Special Agrarian Court. The Court
ruled further that any effort to transfer such jurisdiction to the
adjudicators of the Department of Agrarian Reform Adjudication
Board (DARAB) and to convert the original jurisdiction of the RTC
into appellate jurisdiction is void for being contrary to the CARL. It
held that DARAB adjudicators are only empowered to determine
in a preliminary manner the reasonable compensation to be paid to
the landowners, leaving to the courts the ultimate power to decide
this question.
4. PEOPLE V. VALDEZ, 679 PHIL. 279 (2012)
The Court affirmed the conviction of PO2 Eduardo Valdez
and Edwin Valdez for the killing of Ferdinand Sayson, Moises
Sayson Jr., and Joselito Sayson. However, instead of finding them
guilty of three counts of murder, the Court convicted them only
of three counts of homicide owing to the insufficiency of the facts
and circumstances constituting treachery as contained in the
informations. The Court emphasized that the sufficiency of the
13

allegations of the facts and circumstances constituting the elements
of the crime charged is crucial in every criminal prosecution
because of the ever-present obligation of the State to duly inform
the accused of the nature and cause of the accusation against him.
The allegations in the informations to the effect that the accused
“with intent to kill, qualified with treachery, evident premeditation
and abuse of superior strength did . . . assault, attack and employ
personal violence upon the victims by then and there shooting
[them] with a gun, hitting [them] on various parts of their bodies
which [were] the direct and immediate cause of [their] death[s]” did
not sufficiently set forth the facts and circumstances describing how
treachery attended each of the killings. The decision explains:
It should not be difficult to see that merely averring the killing
of a person by shooting him with a gun, without more, did not
show how the execution of the crime was directly and specially
ensured without risk to the accused from the defense that the
victim might make. Indeed, the use of the gun as an instrument
to kill was not per se treachery, for there are other instruments
that could serve the same lethal purpose. Nor did the use of the
term treachery constitute a sufficient averment, for that term,
standing alone, was nothing but a conclusion of law, not an
averment of a fact. In short, the particular acts and circumstances
constituting treachery as an attendant circumstance in murder
were missing from the informations.
To discharge its burden of informing him of the charge, the
State must specify in the information the details of the crime and
any circumstance that aggravates his liability for the crime. The
requirement of sufficient factual averments is meant to inform
the accused of the nature and cause of the charge against him
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in order to enable him to prepare his defense. It emanates from
the presumption of innocence in his favor, pursuant to which he
is always presumed to have no independent knowledge of the
details of the crime he is being charged with. To have the facts
stated in the body of the information determine the crime of which
he stands charged and for which he must be tried thoroughly
accords with common sense and with the requirements of plain
justice x xx.
5. PATULA V. PEOPLE OF THE PHILIPPINES, 685 PHIL. 376
(2012)
In this case of Patula v. People of the Philippines, the Court
emphasized the solemn duty of a judge to meticulously examine
the State’s case against an accused in keeping with the constitutional
guarantee of due process. Patula was charged with and convicted
of estafa under Article 315(1b) of the Revised Penal Code filed before
the Regional Trial Court in Dumaguete City. The Court reversed the
decision convicting Patula, and acquitted her of the offense charged
for failure of the prosecution to prove her guilt beyond reasonable
doubt.
In an exhaustive analysis of the testimonial and documentary
evidence adduced during the trial, the Court declared that the
prosecution’s hearsay evidence was unreliable and untrustworthy.
To elucidate why the prosecution’s hearsay evidence was
unreliable and untrustworthy, and thus devoid of probative
value, reference is made to Section 36 of Rule 130, Rules of Court,
a rule that states that a witness can testify only to those facts
that she knows of her personal knowledge; that is, which are
derived from her own perception, except as otherwise provided
in the Rules of Court. The personal knowledge of a witness is
a substantive prerequisite for accepting testimonial evidence
that establishes the truth of a disputed fact. A witness bereft of
personal knowledge of the disputed fact cannot be called upon
for that purpose because her testimony derives its value not
from the credit accorded to her as a witness presently testifying
but from the veracity and competency of the extrajudicial source
of her information.
The Court maintained that excluding hearsay evidence is aimed
at respecting the right of the opposing party to cross-examine
the declarant who has the actual, direct knowledge of the fact or
transaction. If the courts allow hearsay evidence, such right to cross
examine the declarant will be denied as the latter is not present
in court. “It is then to be stressed that the right to cross-examine
the adverse party’s witness, being the only means of testing the
credibility of witnesses and their testimonies, is essential to the
administration of justice.”
Furthermore, the Court stressed that the lack of proper
authentication of the documentary evidence was fatal to the
prosecution’s case. The documents being private documents must
undergo authentication in the manner allowed by law or the Rules
of Court. Such requirement can only be dispensed with in four
instances, namely: (a) when the document is an ancient one within
the context of Section 21, Rule 132 of the Rules of Court; (b) when
the genuineness and authenticity of an actionable document have
not been specifically denied under oath by the adverse party; (c)
when the genuineness and authenticity of the document have
been admitted; or (d) when the document is not being offered as
genuine. For violating the requirements under Section 20 of Rule
132, the documentary evidence and their derivatives were declared
inadmissible.
6. NAZARETH V. VILLAR, 702 PHIL. 319 (2013) STRAUSS & CO” appearing on the patch of original jeans under
the trademark LEVI'S 501. The word “LS” could not be confused
The case of Nazareth v. Villar is one of the choice cases penned by as a derivative from “LEVI STRAUSS” by virtue of the “LS”
Chief Justice Bersamin that has a national impact. The case concerns being connected to the word “TAILORING”, thereby openly
the disallowance by the Commission on Audit of the benefits for suggesting that the jeans bearing the trademark “LS JEANS
CY 2001 purported on the basis of Republic Act No. 8439 or the TAILORING” came or were bought from the tailoring shops of
Magna Carta for Scientists, Engineers, Researchers and other Science and Diaz, not from the malls or boutiques selling original LEVI'S 501
Technology Personnel in the Government, and on the strength of the jeans to the consuming public.
Memorandum of Executive Secretary Ronaldo Zamora dated April
12, 2000 authorizing the use of the savings for the purpose. The There were other remarkable differences between the two
Court held that: trademarks that the consuming public would easily perceive. x
xxx
In the funding of current activities, projects, and programs, the
general rule should still be that the budgetary amount contained Furthermore, the Court noted that the Intellectual Property
in the appropriations bill is the extent Congress will determine Office (IPO) registered Diaz’s trademark prior to the filing of
as sufficient for the budgetary allocation for the proponent the present cases. The IPO would certainly not have allowed the
agency. The only exception is found in Section 25 (5), Article VI registration if the trademark was indeed confusingly similar with
of the Constitution, by which the President, the President of the the registered trademark for the Levi's 501 jeans.
Senate, the Speaker of the House of Representatives, the Chief
Justice of the Supreme Court, and the heads of Constitutional 8. BONGALON V. PEOPLE
Commissions are authorized to transfer appropriations to OF THE PHILIPPINES,
augment any item in the General Appropriations Act (GAA) 707 PHIL. 11 (2013)
for their respective offices from the savings in other items of
their respective appropriations. The plain language of the Not every instance of the laying of hands on a child
constitutional restriction leaves no room for the petitioner's constitutes the crime of child abuse under Section 10 (a)
posture, which we should now dispose of as untenable. of Republic Act No. 7610. Only when the laying of hands is
shown beyond reasonable doubt to be intended by the accused
It bears emphasizing that the exception in favor of the high to debase, degrade or demean the intrinsic worth and dignity
officials named in Section 25 (5), Article VI of the Constitution of the child as a human being should it be punished as child
limiting the authority to transfer savings only to augment abuse. Otherwise, it is punished under the Revised Penal Code.
another item in the GAA is strictly but reasonably construed as
exclusive. George Bongalon was charged with Child Abuse as defined
by Section 3(b) of Republic Act No. 7610 before the Legazpi City
The decision also emphasized the two requisites before the Regional Trial Court (RTC). The RTC found that Bongalon struck
President, or any of those specifically authorized by the Constitution, Jayson dela Cruz, a minor, at the back using his hands, and likewise
may transfer appropriations from the agency’s savings: 1) there slapped him on the face, and held him guilty of child abuse as
must be savings from the authorized appropriation of the agency, charged. The Court of Appeals (CA) affirmed his conviction.
and 2) there must be an existing item, project, activity, purpose or
object of expenditure with an appropriation to which the savings Although the Court affirmed the factual findings of the RTC
would be transferred for augmentation purposes only. and the CA, the Court disagreed that Bongalon’s acts constituted
child abuse within the ambit of the law. The records are bereft
7. DIAZ V. PEOPLE OF THE PHILIPPINES, of any indication that Bongalon meant to debase the intrinsic
704 PHIL. 146 (2013) worth and dignity of Jayson as a human being or that Bongalon’s
actions were meant to humiliate or embarrass Jayson. He was
A person becomes liable for the infringement of a registered impelled by his anger because Jayson and Roldan threw stones
trademark when the use of the alleged infringing mark is likely at his daughters and even burned one of his daughter’s hair.
to be confused with or mistaken as the registered mark itself. Clearly, his acts could not have amounted to child abuse; hence,
Otherwise stated, an accused in a case for trademark infringement the Court found him guilty of the crime of slight physical injuries,
must be acquitted if the allegedly infringing mark is not likely to considering that Jayson’s injuries required five to seven days of
cause confusion with the registered mark. medical attention.

As Victorio Diaz elevated his case before the Supreme Court after
the Court of Appeals dismissed his appeal for his belated filing of the
appellant’s brief, thereby affirming the decision of the Regional Trial
Court in Las Piñas City convicting him of two counts of trademark
infringement. Levi’s Philippines, a licensee of Levi Strauss and
Company, filed the case and claimed that it did not authorize Diaz
to make and sell the seized jeans, which were allegedly counterfeit
or imitations of Levi’s 501. The Court, applying the holistic test and
determined that the trademark used by Diaz, “LS Jeans Tailoring,”
was not confusingly similar to the trademark Levi’s 501:
Diaz used the trademark “LS JEANS TAILORING” for the
jeans he produced and sold in his tailoring shops. His trademark
was visually and aurally different from the trademark “LEVI
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9. ENRILE V. SANDIGANBAYAN, 767 PHIL. 147 (2015)
The Court declared in the case of Juan Ponce Enrile v. Sandiganbayan
that “the decision whether to detain or release an accused before and
during trial is ultimately an incident of the judicial power to hear
and determine his criminal case. The strength of the Prosecution’s
case, albeit a good measure of the accused’s propensity for flight or
for causing harm to the public, is subsidiary to the primary objective
of bail, which is to ensure that the accused appears at trial.
Enrile filed a Motion to Fix Bail before the Sandiganbayan, which
the latter denied for lack of merit. His motion for reconsideration
was likewise denied.
15

The Court granted Enrile’s petition for certiorari. It considered
that the Sandiganbayan arbitrarily ignored the objective of bail
to ensure the appearance of the accused during the trial; and
unwarrantedly disregarded the clear showing of the fragile health
and advanced age of Enrile. The Court considered Enrile’s social and
political standing and his immediate surrender upon being charged
in court. It dispelled the idea that Enrile was flight risk. Considering
his advanced age and his health condition, his solid reputation in
both his public and his private lives, his long years of public service,
and history’s judgment of him being at stake, the Court resolved
that he should be granted bail. As such, the Sandiganbayan gravely
abused its discretion in denying Enrile's Motion to Fix Bail. It held
that:
Bail for the provisional liberty of the accused, regardless
of the crime charged, should be allowed independently of the
merits of the charge, provided his continued incarceration is
clearly shown to be injurious to his health or to endanger his life.
Indeed, denying him bail despite imperiling his health and life
would not serve the true objective of preventive incarceration
during the trial.
10. SOLIDUM V. PEOPLE
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OF THE PHILIPPINES, (2014)
The Court reversed and set aside the decision of the Court of
Appeals, which affirmed the finding of guilt by the RTC against
a physician-anesthesiologist for reckless imprudence resulting in
serious physical injuries. He was part of the team of anesthesiologists
during the surgical pull-through operation conducted on a three-
year old patient born with an imperforate anus.
The Court rejected the application of the doctrine of res ipsa
loquitur to the present case. The ponencia explained, thus:
In order to allow resort to the doctrine, therefore, the
following essential requisites must first be satisfied, to wit: (1)
the accident was of a kind that does not ordinarily occur unless
someone is negligent; (2) the instrumentality or agency that
caused the injury was under the exclusive control of the person
charged; and (3) the injury suffered must not have been due to
any voluntary action or contribution of the person injured.
The Court considers the application here of the doctrine of
res ipsa loquitur inappropriate. Although it should be conceded
without difficulty that the second and third elements were
present, considering that the anesthetic agent and the instruments
were exclusively within the control of Dr. Solidum, and that the
patient, being then unconscious during the operation, could not
have been guilty of contributory negligence, the first element was
undeniably wanting. Luz delivered Gerald to the care, custody
and control of his physicians for a pull-through operation.
Except for the imperforate anus, Gerald was then of sound
body and mind at the time of his submission to the physicians.
Yet, he experienced bradycardia during the operation, causing
loss of his senses and rendering him immobile. Hypoxia, or
the insufficiency of oxygen supply to the brain that caused the
slowing of the heart rate, scientifically termed as bradycardia,
would not ordinarily occur in the process of a pull-through
operation, or during the administration of anesthesia to the
patient, but such fact alone did not prove that the negligence of
any of his attending physicians, including the anesthesiologists,
had caused the injury. In fact, the anesthesiologists attending
to him had sensed in the course of the operation that the lack
of oxygen could have been triggered by the vago-vagal reflex,
prompting them to administer atropine to the patient.
In view of the inapplicability of the foregoing legal principle,
the Court next resolved whether Dr. Solidum committed criminal
negligence. The Court ruled that the circumstances, taken together,
did not prove beyond reasonable doubt that Dr. Solidum had been
recklessly imprudent in administering the anesthetic agent to the
victim. Moreover, “the existence of the probability about other
factors causing the hypoxia has engendered in the mind of the
Court a reasonable doubt as to Dr. Solidum's guilt, and moves us to
acquit him of the crime of reckless imprudence resulting to serious
physical injuries.”
11. MACAPAGAL-ARROYO V. PEOPLE
OF THE PHILIPPINES, 790 PHIL. 367 (2016)
The plunder case brought against former President Gloria
Macapagal-Arroyo is one of Chief Justice Bersamin’s significant
ponencias. On July 10, 2012, the Ombudsman charged Macapagal-
Arroyo and several other officials of the Philippine Charity
Sweepstakes Office (PCSO) and the Commission on Audit with
plunder as defined by and penalized under Section 2 of Republic
Act (R.A) No. 7080, as amended by R.A. No. 7659, involving PCSO
funds. All except Macapagal-Arroyo and then PCSO Budget and
Accounts Manager, Benigno Aguas, were granted bail by the
Sandiganbayan. Trial on the merits ensued.
After the prosecution rested its case, the accused separately
filed their demurrers to evidence. The Sandiganbayan granted the
demurrers except those of Macapagal-Arroyo, Aguas, and Sergio
O. Valencia, then PCSO Chairperson of the Board of Directors.
The Sandiganbayan held that there was sufficient evidence to
show that these three accused had conspired to commit plunder.
Hence, the consolidated petitions for certiorari.
On the procedural aspect of the case, the Court held that
the Court cannot be deprived of its jurisdiction to correct grave
abuse of discretion. While the special civil action for certiorari
is generally improper to assail an interlocutory order issued by
the trial court because of the availability of other remedies in
the course of law, the Court maintained that such exercise of the
power to correct grave abuse of discretion amounting to lack or
excess of jurisdiction cannot be thwarted by rules of procedure.
The Court is constitutionally duty-bound to “strike down grave
abuse of discretion whenever and wherever it is committed.”
On the substantive aspect of the case, the Court ruled that
the prosecution did not properly allege and prove the existence
of conspiracy among Macapagal-Arroyo, Aguas, and Uriarte.
Conspiracy is not a crime unless the law considers it a crime.
The Court emphasized that the agreement to commit an offense
must be a conscious one and that conspiracy must be established
by positive and conclusive evidence. Each of the accused must
be shown to have performed an overt act in furtherance of the
conspiracy.
ten people were originally charged with the crime and yet none
of them was identified as the main plunderer. The prosecution
merely insisted that existence of an implied conspiracy among
themselves, thereby making all three of them the main plunderers.
The Court was not persuaded because Macapagal-Arroyo's
approval of Uriarte's requests for additional confidential and
intelligence funds (CIFs) did not make her part of any design to
raid the treasury as the means to amass, accumulate and acquire
ill-gotten wealth. Absent the specific allegation in the information
to that effect, and competent proof thereon, GMA's approval of
Uriarte's requests, even if unqualified, could not make her part
of any criminal conspiracy to commit plunder or any other crime
considering that her approval was not by any means irregular or
illegal.
There was likewise no proof of amassing, or accumulating, or
acquiring ill-gotten wealth of at least P50 Million adduced against
Macapagal-Arroyo and Aguas. In fine, the Court concludes that the
Sandiganbayan completely ignored the failure of the information
to sufficiently charge conspiracy to commit plunder against the
petitioners; and ignored the lack of evidence establishing the corpus
delicti of amassing, accumulation and acquisition of ill-gotten
wealth in the total amount of at least P50 Million through any or all
of the predicate crimes.

In the case of Macapagal-Arroyo, all that the State proved

was that she affixed her unqualified “OK” on the requests
for the additional CIFs by PCSO General Manager and Vice-
Chairperson Rosario C. Uriarte. She argued that it could hardly
be considered an illegal or irregular act per se. The Court held
that the Sandiganbayan’s conclusion that Macapagal-Arroyo was
the mastermind of plunder was purely conjectural. The Court
held that:

It is in this regard that the Sandiganbayan gravely abused

its discretion amounting to lack or excess of its jurisdiction. To
start with, its conclusion that GMA had been the mastermind
of plunder was plainly conjectural and outrightly unfounded
considering that the information did not aver at all that she
had been the mastermind; hence, the Sandiganbayan thereby
acted capriciously and arbitrarily. In the second place,
the treatment by the Sandiganbayan of her handwritten
unqualified "OK" as an overt act of plunder was absolutely
unwarranted considering that such act was a common legal
and valid practice of signifying approval of a fund release by
the President. Indeed, pursuant to People v. Lizada, an act or
conduct becomes an overt act of a crime only when it evinces
a causal relation to the intended crime because the act or
conduct will not be an overt act of the crime if it does not have
an immediate and necessary relation to the offense.

The Court also held that the law on plunder requires that
a particular public officer must be identified as the one who
amassed, acquired or accumulated ill-gotten wealth. As such,
where several individuals are charged with the crime, there
must be a main plunderer and her co-conspirators, who may
be members of her family, relatives by affinity or consanguinity, Official portrait of Hon. Lucas P. Bersamin at the Chief Justices' Gallery
business associates, subordinates or other persons. In this case, outside the En Banc Session Hall.

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 Chief Justice Bersamin
Signs Last Official Document
The last
las official document signed by Chief
Justice Bersamin as the 25th Chief Justice
of the P
Philippines is Special Order No. 2718
designa
designating then Senior Associate Justice
Antonio T. Carpio as Acting Chief Justice.

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 Justices Pay Tribute
to the Chief Compiled by Tiffany Ines C. Atendido
T hose who had the privilege of working closely with Chief Justice
Lucas P. Bersamin have written tributes on the occasion of his 70th
birthday and retirement from the Judiciary.
HON. DIOSDADO M. PERALTA
Chief Justice, Supreme Court of the Philippines
It goes without telling that among those I have had the
privilege of working with in the Judiciary, it is with Chief Justice
Luke whom I share the closest of friendships—one that is built
on trust and mutual respect.
Chief Justice Luke and I have been friends since 1994, the
year I joined the Judiciary as a trial court judge. He was ahead of
me in service by eight years, so I had always looked up to him
as someone who could guide me in my work, me being a new
Regional Trial Court judge then. We became close friends, to
the extent that we used to have lunch together in his chambers.
There was not a day that we did not talk or confer with each
other. We talked about work, mostly—legal doctrines, decisions
of the Supreme Court. We analyzed rules and legal issues over
lunch. This was our daily routine until I was promoted to the
Sandiganbayan in 2002. Not long after, he himself was promoted
to the Court of Appeals.
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I learned a lot from him, especially in the areas of remedial
law, the law on evidence. And I would like to think that he also
learned from me in so far as criminal law and criminal procedure
are concerned.
One of my fondest memories of our friendship happened in
the year 2000, when Chief Justice Luke was awarded by the Chief
Justice Fred Ruiz Castro Memorabilia Commission for having
issued both the Best Decision in Criminal Law and the Best Decision
in Civil Law among all Regional Trial Court judges in the year
1999. The joke among our fellow judges then was that he had
already surpassed me, because he was given the two awards in
the same year, which was a rare feat. However, not long after, it
was my turn to be conferred by the Supreme Court the Special
Centennial Award in Criminal Law during the Court’s Centennial
celebration in 2001. I always say that this was an even rarer feat,
because my award is only given once in every 100 years.
And so, in 2002, probably so that we would not be envious
of each other’s accomplishments, we both were recognized as
outstanding judges of the Regional Trial Court by the Society for
19
Judicial Excellence—Chief Justice Luke was given the Chief Justice not probably recall that I was there at the back of the Dignitaries'
Jose Abad Santos Award, while I was conferred the Chief Justice Ramon Lounge as the Dean of the UP College of Law when he took his
Avanceña Award. I believe this is also proof that our friendship is oneoath as Associate Justice of the Supreme Court. In my close to
that is also founded on our equal competence and professionalism. seven years as a member of the High Bench, I have had the honor
of being received by him in his chambers many times to discuss
Levity aside, even during the times when I was a Justice of possible compromises on points of law, to touch base after I register
the Sandiganbayan and he was a Justice of the Court of Appeals, my dissents to some of his ponencias, and even to find ways to mend
Chief Justice Luke and I never failed to get in touch with each other controversial issues that hounded our institution.
especially when either of us were confronted with difficult or novel
issues in our work. As fate would have had it, both of us were I have witnessed him take the lead, and from the mirror of my
eventually promoted to the Supreme Court in 2009, myself as the own experience, I can confidently say that he took on the dignity
162nd Associate Justice and him as the 163rd Associate Justice of and stern responsibility of his office like a Cordillera pangat—the
the Court. This truly, and quite literally, goes to show how close the elder who holds a bodong or peace pact that protected his tribe
Chief Justice and I are. in its relations with all other tribes. He was like the Cordillera
mansasakusa, the skilled negotiator who risks his own life to find an
On a professional note, I wish to thank the Chief Justice for his end to a brewing misunderstanding that could lead to tribal wars.
years of committed public service; I will undeniably miss working He displayed wisdom similar to the kafagway or the meadows:
with him on an almost daily basis. On a personal note, I wish to quiet, seemingly yielding yet precise in its ability to take solid roots
thank him for friendship that we shared, and will continue to share to guide us forward.
even after his retirement from the government. Godspeed, Luke!---
The first Chief Justice from the Cordilleras is a warrior—
courageous to the extent that he entrusted the control of his
•--§--§--•
retirement ceremony to the person who disagreed with him the
most. My dissents and the passion in them are nothing without
HON. ESTELA M. PERLAS-BERNABE his ponencias. Likewise, the deliberate, conscious, and painstaking
Senior Associate Justice, Supreme Court of the Philippines arguments he put in many of his ponencias are nothing without my
Ever the man of action, Chief Justice Lucas P. Bersamin was quick dissents. Indeed, the respect earned by a leader will never become
to regard his ascension as top magistrate as “a responsibility, not a new real without the leader’s own respect for those who do not agree
job.” And though he only had 324 days to fulfill said responsibility, he with him.
unleashed every ounce of strength he had for an awe-inspiring sprint
In the many faiths that I believe in, life has no beginning nor
to the finish line. The significant milestones he reached under his
end. What is apparent for now may not always what will be.
4-point agenda have created an enormous and enduring impact on the
Everything is impermanent and at a given moment, hopefully very
delivery of and access to justice. Despite the brevity of his term, Chief
well deserved, we hang our robes, shed our titles and remove our
Justice Luke has proven that he is a strategic leader who motivated
masks for the younger generation to carry on. In doing so, we do not
and empowered his people towards achieving goals whose benefits
become less, for we leave with the people and institutions we have
will surely outlast him. And together with his multitude of grateful
worked with, not our corporeal existence, but the lingering words
supporters, colleagues, and employees, I say, “Well done, Chief!”
that have found their way into jurisprudence which came out from
As a colleague, Chief Justice Luke had been vocal of his opinions, the tip of our pens distilled from all our wisdom. It is strange, but
and while we were not always in agreement on a number of issues, for magistrates, they will be most remembered by others when they
I gained wisdom from our spirited discussions in the way that iron are no longer there. Our words echo far beyond our retirement.
sharpens iron. He had given more than three decades of his life in the
•--§--§--•
Judiciary, and is rightfully considered as an immovable pillar of the
justice system. It was truly an honor sitting in the High Court with a
HON. ALFREDO BENJAMIN S. CAGUIOA
dedicated public servant.
Associate Justice, Supreme Court of the Philippines
If there is anything I admire most about Chief Justice Luke, it is his
Chief Justice Lucas P. Bersamin embodies a magistrate steeped
deep love for his family, especially his wife. Rare are the occasions that
in experience. Wise and calm, he led the Court in a true spirit of
he is seen without his better half, Aurora. He always brings her with
collegiality.
him especially when he travels. Indeed, only a man who manages his
household well can wield the same authority and influence with which Being one of the more senior Justices when I joined the Court,
Chief Justice Luke has successfully governed the Judiciary. then Justice Luke was one of the very first to warmly welcome me
Chief Justice Luke, this may be the end of your service to the and from the get go, treated me as a peer and seriously considered
Judiciary, but certainly not your service to your fellowmen. It is my viewpoints. His congenial nature is one of the characteristics
time for a new beginning. For it is written, “every new beginning I most admire in the Chief Justice. I saw this congeniality foster
comes from some other beginning’s end.” It is my prayer that the inclusiveness, from the dinners he hosted with Justice Peralta
good Lord will give you the inspiration and the strength to devote during the Court’s summer sessions in Baguio to his style of decision
yourself once more to new adventures and advocacies that will fill making during deliberations in En Banc sessions.
the succeeding chapters of your life story with honor and glory for The Chief Justice’s expertise in the law, particularly in civil
the Almighty. procedure, is widely recognized, and for which I have the greatest
•--§--§--• regard. Several of his authoritative ponencias in drug cases were
integral in the formative period of my position requiring strict
compliance with the express provisions of Section 21 of RA 9165.
HON. MARVIC M.V.F. LEONEN
His articulation of the rules displayed a deep understanding of
Associate Justice, Supreme Court of the Philippines
this intersection of criminal law, constitutional law, and the rules of
The retirement of a Chief Justice is not an ordinary affair. By evidence. With his ponencias, I became convinced that my position is
tradition, the eras of the Supreme Court are referenced with the based not only on a sense of justice but also has the benefit of sound
names of its primus inter pares. Chief Justice Lucas P. Bersamin will jurisprudential support.

20 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
 What was even more inspiring and humbling for me is to see that period, I have seen his dedication as a transformative jurist. He
someone of the Chief’s caliber willing to listen and sometimes even has always espoused strict adherence to the rules, while advocating
adopt contrary opinions from his peers. Perhaps as a result of his reforms which seek to modernize the Judiciary.
long tenure as a magistrate, the Chief Justice has perfected the
judicial demeanor — his passion is tempered and harnessed into Under his leadership, our procedural rules have become
persuasive argumentation that is never out of turn. Whether inside more responsive to the times and the needs of the people. Court
or outside the judicial chambers, I have always admired how the infrastructure, both physical and qualitative, have been enhanced.
Chief Justice is always respectful. Projects such as the Revised Law Student Practice Rule and guidelines
for the use of videoconferencing technology, among others, have
I was therefore very happy to see his appointment as Chief made justice more accessible to all.
Justice on his penultimate year in the Court; this was a well-deserved
culmination of his excellent judicial career. Thus, on behalf of the Court and our Nation, I extend my sincerest
thanks to Chief Justice Bersamin. Your dedication to the “culture”
While this presented a unique and immense responsibility of of public service has made the Judiciary more proud, independent,
leading the Court shortly after the division engendered by the quo and better equipped to face the modern age. I bid you only the best
warranto case, I could not imagine a better person to perform the in your future endeavors and hope that you continue to be at the
role. His congenial nature, his high respect for his peers, and his forefront of the Philippine legal profession for years to come.
inclusive approach in leading the Court were definitely traits that
made him the man for the job. I am sure Aurora, Pia, Luis, Lucas, Karissa, and the rest of the
“bears” are excited to have “Papa Bear” back in the cave.
And he performed to the best of his abilities. He sought to heal the
Court and begin the return to normalcy. He did this and more. Very truly yours,
Justice Andres B. Reyes, Jr.
Chief Luke, congratulations on your retirement. Thank you
very much for your long and faithful service. I am honored to have •--§--§--•
served with you.
•--§--§--• HON. ALEXANDER G. GESMUNDO
Associate Justice, Supreme Court of the Philippines
HON. ANDRES B. REYES, JR. “To be seventy years young is sometimes far more cheerful and
Associate Justice, Supreme Court of the Philippines hopeful than to be forty years old.” - Oliver Wendell Holmes, Sr.
There is no higher honor in our profession than to serve as the It is my heartfelt pleasure to congratulate Chief Justice Lucas
Chief Justice of this great institution. But, this distinction brings with P. Bersamin on the occasion of his retirement from the Judiciary.
it the heaviest of burdens; to lead the courts with the highest level Surely at 70 and beyond, Chief Lucas will bring more cheer and
of excellence, independence, and integrity. Now, at the end of his inspiration to others.
illustrious 33-year career, 17 of which I have witnessed personally as
his colleague in the courts, I am confident in saying that Chief JusticeMy close working relationship with Chief Lucas began in 2008,
Bersamin has led not only with the aforementioned attributes, but when we both joined the seminar on Improvement of Judicial
also with the utmost humility, patience, and sincerity. Fairness and Efficient Judicial Administration organized by the
Supreme Court of Korea and the Korea International Cooperation
While his career in the Judiciary began in 1986, it was only when Agency held in Seoul, Korea. Unbeknownst to me, this would
Chief Justice Bersamin was appointed to the Court of Appeals in mark the beginning of one of my most treasured professional
2003 that I was afforded the opportunity to collaborate with him. In relationships. He nurtured my interest in remedial law as a field

BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE 21
of concentration. I am proud and grateful to call Chief Lucas as my that intellectual giants are not necessarily indifferent or oblivious to
brother-in-arms and my friend. practical matters concerning an organization and its human resources.

Chief Lucas’ 33 years as a magistrate has been marked by an More than 30 years in the service as an even handed and
unparalleled display of excellence, diligence, insight, and integrity. scholarly magistrate may also be a foreshadowing of CJ Bersamin’s
His love for the country and its development is reflected in the ability to inspire respect among colleagues and law academicians.
decisions he has penned and the advocacies he has pursued. Under A consistent top student from his elementary grades until placing
his leadership, the Court formulated the new Rule 138-A and 9th in the 1973 Bar exams — with a score of 100% in criminal law —
embarked on a regional consultation with all the stakeholders in our beloved Chief was a Judicial Excellence Awardee in 2002. The
legal education culminating in a national summit aimed at moving recognition comes as no surprise, considering his unprecedented
legal education in the country toward developing the skills and feat of having written the Best Decision in both Civil Law and
sense of social responsibility of those aspiring to be lawyers. The Criminal Law among RTC judges in 1999, a choice arrived at by
result of that national summit is the publication entitled “Shifting different sets of judges for each category.
Paradigm. Remodeling of Legal Education in the Philippines.” I
am proud and grateful to have undertaken this endeavor under his Thank you, Chief, for all that you have done for the Judiciary
behest. and the example that you have set. I was also appointed to the Court
of Appeals in 2003, the same year that you were appointed, and it
Chief Lucas has restored collegiality in the institution. has been an honor serving alongside you in the appellate court for
Throughout his tenure as a magistrate, he has exemplified an six years. It has been an even greater honor serving with you in this
unimpeachable character worthy of emulation. There is no doubt Court.
that his future ventures will be marked by the same excellence and •--§--§--•
commitment he has demonstrated in the Judiciary.
HON. RAMON PAUL L. HERNANDO
Chief Justice Lucas P. Bersamin is truly primus inter pares.
Associate Justice, Supreme Court of the Philippines
•--§--§--•
He may be retiring, but he is never really leaving. Despite the
HON. JOSE C. REYES, JR. briefness of his stint as the head of the highest Court of the land,
Associate Justice, Supreme Court of the Philippines Chief Justice Lucas P. Bersamin has seared, stirred, and steered
the Judiciary with his indelible and illuminating presence. He has
There are those who believe that a leader must choose between admirably held the Chief Justice position with the unshaking hands
being loved or respected, implying that these two are inconsistent of a dedicated leader, in utmost circumspect and judicious level-
with each other. The Judiciary, however, has been fortunate enough headedness. His headship may have been fleeting but his legacy is
to have at its helm for the past ten months a leader who inspires bold: CJ Bersamin has timely inspired us with a renewed sense of
both love and respect from court employees and peers. awareness and discipline that we, the Judiciary, are mere stewards
of the Filipino people, sworn to uphold and display the standards
Chief Justice Lucas Purugganan Bersamin has been described by
befitting of government service. His entire legal practice proved no
rank and file employees as “strict but fair.” I would like to amend
different. Excellence has always been his Polaris, with diligence as
that perception to be more accurate. The word “but” connotes
his shield, and justice, his pen. Much can be said about the greatness
contrast, and CJ Bersamin has certainly harmonized being strict
of a person like Chief Justice Bersamin, the utterance of which is just
with being fair. CJ Bersamin demonstrated that an effective leader
a superfluity. I can only voice out a lofty hope that we would emulate
must be both strict and fair.
his example. Here’s to the celebration of CJ Bersamin’s professional
It is this innate ability to harmonize that also makes CJ Bersamin retirement, a well-deserved prefatory to his best days ahead.
an effective presider. It is no small feat to deftly guide discussions, •--§--§--•
spanning divergent viewpoints from some of the brightest minds of
our time, towards finding a common ground. It is a similarly great HON. ROSMARI D. CARANDANG
challenge to lead a mammoth organization composed of individuals Associate Justice, Supreme Court of the Philippines
from diverse backgrounds, an organization that happens to be one of
the three branches of government with a crucial role in the fate of our Chief Justice Lucas P. Bersamin’s career reveals a dedication to
nation. We all agree, and are very grateful, that CJ Bersamin proved public service, particularly in the Judiciary where he served for
himself up to the task. thirty-three years.Although his tenure in the Supreme Court lasted
only ten years, and his time as Chief Justice only eleven months, his
CJ Bersamin’s prompt action on employee matters is widely impact was meaningful. It is still too short a period to impose strong
appreciated. His well-known concern for court employees and keen administrative reform on the Judiciary but long enough to have a
grasp of administrative matters was perhaps foreshadowed by his 17 united institution to hand to the next Chief Justice.
years as a trial judge, his six years with the appellate court and his
nine years as an Associate Justice of this Court. It only goes to show I have been privileged to work up close with CJ Luke since we
have been appointed on the same date in March 2003, together
with Justices Noel Tijam and Hakim Abdulwahid, to fill up four
vacancies in the Court of Appeals. It was a wonderful ending that
three of us were privileged to reach this High Court.

" I am sure Aurora, Pia, Luis, Lucas,

Karissa, and the rest of the 'bears'
are excited to have 'Papa Bear' back in
As he takes the helm of the Judiciary, he asserted judicial
independence and strived to augment the salaries and benefits of
all the employees of the Judiciary. The stability and productivity of
the Judiciary attest how he gracefully handled the challenges that
the cave." came with his position.

I have witnessed how CJ Luke had pushed for the restoration

of true collegiality in the Court. His appointment was a strong

22 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
testament to the fact that recognizing tradition and hierarchy will
bring us to renewed optimism in the legal profession. Political
imagery may somehow blur the lines but a proven track record and
years of experience will never lie.

It is a privilege to work with CJ Luke. His leadership as Chief

Justice brought to the Court a special combination of legal acumen,
collegiality, temperament, and wisdom. When CJ Luke finds himself
at odds with a colleague, he would not hesitate to disagree, but he
would never do it disagreeably. He leaves behind an imposing body
of judicial opinions to guide our future deliberations.

CJ Luke also left some clues about the influences that shaped his
perspective on life and law. It is no secret that he is devoted to his
beloved wife, Rorie; his children and grandchildren; and his entire
extended family.

My service with the Bersamin Court is a memory I will fondly

treasure. CJ Luke is a young seventy. His work is not done and his
power to work remains. CJ Luke, I wish you good health because
the best is yet to come.
•--§--§--•

HON. AMY C. LAZARO-JAVIER

Associate Justice, Supreme Court of the Philippines
A LETTER FOR CHIEF JUSTICE LUCAS P. BERSAMIN
Dear Chief Justice Luke,
Forever, your name is etched on my mind. You were the Chief
Justice who welcomed me to the Court. You have been the Chief
Justice who shepherded me to the functions and processes of the
Court. You have stamped a brand of leadership that is not only
collegial but cordial and congenial. You are the Chief Justice with the
tireless capacity to attentively listen to your colleagues. If I were to
sum up your impact on me, I truly say you are better than being just
compassionate; you are also respectful and enriching.
Having been my Chief Justice for eight months or so gave me a
clear picture of your persona. Your brilliance as a student, a jurist,
and a leader is a matter of public knowledge and judicial notice. On
top of this, you, too, are selfless, genuinely caring, kind, and well-
loved wherever you go. Wit, humor, and warmth are naturally You.
A rich source of joy, fun, laughter, and optimism is how people regard
you, even those you have only met for the first time. Without fear of
any contradiction, you are the perfect blend of IQ and EQ.
The few months I have been with the Court with you at the helm,
were not the only times we have known each other and bonded. I
fondly recall my stint at the Office of the Solicitor General (OSG) and
you as a young trial judge in Quezon City. In some government cases,
I appeared as a public advocate before your sala. Way back then, you
were already an embodiment of brilliance, wit, and uncompromising
sense of fairness. When I was in the OSG, your book in criminal
procedure served as my bible in the preparation of my pleadings as
counsel of the People on appeal. I admire your writing style - - -lucid,
direct to the point, concise, and powerful. No useless or unnecessary
word is ever written. I am also the proud “Ninang” of your daughter
Judge Pia and her husband Judge Niño who were among my bright
students in the Best Law School along España. You used to be my
co-faculty in the same Best Law School for quite a number of years.
For what you have been, credit goes to your beloved parents who
raised you well and nurtured the virtues you have invariably lived
for the longest time.
Through the years, you graciously manage to remain humble,
unaffected, and compassionate despite your sterling accomplishments.
For this and for many happy things about you, A BIG ROUND OF
APPLAUSE is well deserved by the WOMAN who brought out the
best in YOU - - - the equally self-effacing, affectionate, and authentic
“MS. CHIEF RORIE B”.
The time has come we bid you adieu. May the Almighty always
guide and protect you and your family. May He bless you with
the longest life in health and comfort. And for those of us who are
staying, may He bless us with another Chief Justice who possesses
your admirable traits and who will vigorously pursue the path you
have arduously paved way for a much improved Judiciary specially
in terms of efficient and speed to dispensation of justice.
As I partake in this chapter of the Court’s saga, I will have to
fondly quote the beautiful lyrics of a song which give hope to every
new beginning:
THIS IS NOT GOODBYE
Sidewalk Prophets
I can see it in your eyes that you are restless
The time has come for you to leave
It's so hard to let you go
But in this life I know you have to be who you were made to be
As you step out on the road I'll say a prayer
So that in my heart you always will be there
This is not goodbye
I know we'll meet again
So let your life begin
'Cause this is not goodbye
The stirring in your soul has left you wondering
Should you stay or turn around
Well, just remember that your dreams they are a promise
That you were made to change the world
So don't let fear stop you now 'cause
This is not goodbye

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 I know we'll meet again public purpose.
So let your life begin
'Cause this is not goodbye We admire Chief Luke for being the quintessential family man.
It's just… Interviewed upon his appointment as Chief Justice, he was quoted
by this publication sharing: “I give priority to my family [because]
Hanggang sa muling pagkikita Chief! You are loved and forever we cannot live back years that you do not spend with them. You
you will be! cannot go back and recover what you lose.”

Amy J. As the most recently appointed Member of the Court, I speak

on behalf of your Supreme Court family in expressing our sincere
gratitude for the many years you shared with us. Very few know
•--§--§--•
how magistrates work and the sacrifice we must go through as we
toil in the mills of justice. Few know how we, bleary-eyed, scour
HON. HENRI JEAN PAUL B. INTING through court records and seemingly infinite volumes of rollo, our
Associate Justice, Supreme Court of the Philippines desks stacked high with drafts, books, dissertations, and treatises.
Few know how we spend thousand of hours of decision-writing
I would like to take this opportunity to honor and congratulate
alone in the silence of our chambers, weighing the scales of justice in
Chief Justice Lucas P. Bersamin as he steps into retirement after an
our hearts. Few know how we, as occupational hazard, face threats
exemplary judicial career that spans over three decades.
to our lives, security, and safety.
Though I was appointed to the High Court with only a few months
Which is why I must also congratulate your wonderful and
left before his retirement, I have known of Chief Justice Bersamin’s
amazing family. They gave you their unconditional and constant
sterling repute since his days as Regional Trial Court (RTC) judge in
support throughout your professional evolution – from lawyer, to
Quezon City. In 1986, when he was appointed RTC judge in Quezon
judge, to Justice, and to now Chief Justice. Your wife Rorie, together
City, I was serving as a Public Attorney Office lawyer in Quezon City.
with your children Pia, Luis, Lucas Jr., and Karissa, are the font of
Back then, he already epitomized judicial excellence through the even-
your sincerity and generosity. To them, I say thank you for lending
handed, effective, and efficient manner by which he administered
to us in the Judiciary your husband and your father. By allowing
justice in his sala.
him to stay on the path of judicial service for more than 30 years,
As an RTC judge, his exceptional capability and talent in judicial we have had the privilege of reading his delightful and brilliant
decision-writing would be recognized when he won both the Best ponencias; we have gained a respected jurist, colleague, and friend;
Decision in Civil Law and Best Decision in Criminal Law in 1999. At and we have had the honor of joining a Court led by a Chief Justice
that time, I was already serving as a Metropolitan Trial Court judge who leaves a worthy legacy. I have been in the Supreme Court
in Quezon City and I vividly recall how news of this achievement barely a month, but I consider myself truly honored and privileged
brought much pride and honor to the judges of Quezon City, for one of to have joined and have been a part of the Bersamin Court.
our own had accomplished such an unprecedented feat. The body of
Let me end with these words, from one Ilocano to another:
decisions and opinions which he penned for the Supreme Court reflect
Naragsakan-nak unay para kenka apu Chief Justice! Sapay kuma
his genius and eloquence in judicial decision-writing. His ponencias
ikararagku kenni Apu Dios nga ik-kannaka iti atiddug, nasaya-at, ken
also bring to fore his brilliance as an academician and educator forged
naragsak nga biag! (I am very happy for you, Sir Chief Justice! I
by many years of teaching in various law schools.
hope and pray for God to bless you with continuing good health,
I am deeply grateful to Chief Justice Bersamin for warmly success, and happiness in retired life!)
welcoming me as a Member of the Court, even going out of his way to •--§--§--•
assist me in whatever way possible so my transition to the High Court
goes smoothly and expeditiously. His kindness and beneficence only
added to my esteem for him as a leader and colleague. HON. ANTONIO T. CARPIO
Retired Senior Associate Justice,
Chief Justice Bersamin is an innate and gifted leader who leads with Supreme Court of the Philippines
humility and sincerity. He is highly regarded, admired and respected
Having worked alongside Chief Justice Bersamin at the Supreme
by those whom he leads, for he leads not only with a steady hand
Court of the Philippines for the past decade, I can personally attest
and clear vision, but with a fatherly care and concern for the whole
to his unwavering tenacity and drive to protect and uphold the
Judiciary. Apart from his many important contributions to enriching
Rule of Law and to safeguard the basic rights and fundamental
jurisprudence and to reducing the Court’s docket, he will leave a legacy
liberties of the Filipino people. Considering its role as one of the
of programs, projects, and policies that greatly benefit the Court and its
three co-equal and independent branches of the government,
employees as well as the whole Judiciary; an offshoot of his genuine
the Judiciary plays a paramount role in the administration and
concern for the welfare of this branch of government, which he has
dispensation of justice. Chief Justice Bersamin has served the
faithfully served with excellence, patriotism, and sacrifice.
Filipino people at the Judiciary for more than three decades with
I wish him good health, more joyous times with his family whom he utmost dedication and commitment. His vision towards building
dearly loves, and more blessings from above. May he enjoy his much- a better and stronger Judiciary is nothing but highly laudable and
deserved rest from public service and may grace abound in whatever deeply heart-warming. Evidently, Chief Justice Bersamin deserves
undertaking he devotes himself to next. great admiration for his noteworthy contribution to the Judiciary
and to the Philippine legal profession.
•--§--§--•
To Chief Justice Bersamin, I extend my utmost appreciation for
HON. RODIL V. ZALAMEDA all your hard work and effort to promote the Rule of Law.
Associate Justice, Supreme Court of the Philippines
•--§--§--•
I wish our dear Chief Justice Lucas P. Bersamin a blissful and
blessed retirement. Let me extend him my heartfelt congratulations
for an esteemed career in the Judiciary filled with dedication and true

24 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
 HAIL TO THE CHIEF Compiled by Tiffany Ines C. Atendido

" Chief is also the kind of boss who would treat all members
of his staff as family."

As the father in our Office, he bit more priority than the other me the same instructions, only to

C
hief Justice Lucas P.
Bersamin is a brilliant was stern and yet yielding. He important cases. find out that he was then calling
jurist with a very warm and gave much room for personal and at the ground floor and was about
professional growth. He neither Chief is the kind of boss who to enter the elevator of the office
serene personality. When
denied any of us the opportunity to would respect office hours and building. Pressure? No. He is just
I learned that he
further our career, nor kept us from sparingly ask us to stay if he being him.
will be featured in a Benchmark
caring for and spending time with needs to finish a case that we have
special edition, I immediately
our families. While he valued work initially worked on. Since I would Perhaps some of you may have
took the task of writing him
and demanded that we be excellent often arrive at the office early, I called the Justices of the Supreme
a tribute. This chance to speak
in our jobs, he never thought twice know that when the phone rings Court as the “Gods of Padre Faura.”
about such a remarkable person is
to send you home to care for a sick at around 8:00 a.m., it would be Oddly, I cannot consider Chief as a
indeed a privilege and a pleasure.
family member. him calling. As early at that time, god. He never acted as one. He is
I thought it would be too easy
usually during Tuesdays, he always mortal.
as CJ Luke has accomplished so
much that is worthy of recognition I dream of becoming a judge would give me instructions like
Chief is also the kind of boss
and appreciation. And with all someday. And from everything download specific cases, study
who would treat all members of
that was written and said about I learned from CJ Luke, I know I them, and give him a briefing once
he arrives. At one time, he gave his staff as family. When my mom
him, the accolades he received, the will do well. I wish to make him
testimonials given in his honor, and proud of me as I am of him. I have
the many hats he wears, I chose to such high respects and admiration
say something about CJ Luke as a for him, not only because of his
father. achievements that he worked so
hard to attain but also because of
CJ Luke and Ma’am Rorie have his genuine humility, warmth, and
four well-rounded and successful generosity, and a character that can
children in their own fields. If they fairly be described as noble.
were to be judged based on how
Atty. Ellen V. Abesamis-Quinto
well they raised their children, they
Chief Justice Staff Head
would easily get perfect scores. As
CJ Luke progressed in his career in (Atty. Abesamis-Quinto was appointed
the Judiciary, he became father, not Presiding Judge of MeTC, Branch 65, Makati
City as of press time.)
only to his own children, but to his
--•••--
“children” in the profession as well.
Chief Bersamin once said that
As head of the Judiciary, he a person with a vision has no time
led the Court with distinction for drama. So Chief, do not worry,
and discipline. He did not shirk I will spare you from drama.
imposing chastisement, if need
be. He is really slow to anger and After working with him for
effortless in making even the entry- more than nine years, I have been
level employees feel at home. accustomed to his work ethic
Amongst the other members of and style, that what I initially
the Court, he was well-respected. felt as “pressure” had turned
Whether they agree or disagree into “comfort” and something
with his positions, he was always enjoyable. Chief would normally
rigorous and thoughtful in writing assign cases, one after the other,
decisions that are persuasively each with the same special
expressed in easily understood instruction to prioritize over other
prose. They liked him, and listened cases previously assigned. But
to him — even when some, at times, over the years, we were able to
disagreed with him. discern which should be given a

BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE 25
was initially diagnosed with cancer,
Chief was the first one to know.
He expressed his concern, and
immediately, I sensed his empathy.
Chief had always displayed
humility. He believes that one
should never be arrogant and
conceited. He would always say,
“Huwag kayong mayabang. Dahil
siguradong mayroon diyan na mas
matalino at mas yayabang pa kaysa sa
inyo.” That is the reason why one
would never feel alienated when
he is around. His presence will not
make you feel a lesser individual.
All he had to do was flash his
disarming smile. He has always
been accommodating to those who
seek his audience and ask for his
assistance, and do, to the best of his
ability and authority, to help and
resolve their concerns.
Those who have worked with
the Chief know that he values
time. He rarely arrives late for his
schedule because he does not want
others to wait for him. Ironically,
Chief would be unwary of time
when it comes to work because once
he assigns something, he would,
almost every minute, follow up on
the status or keep reminding us to
work on the matter. But in each time
he would follow up, he would do
so without being overly imposing.
Like a father, he would gently
remind us of the task at hand.
Chief knows that when
opportunity knocks, you should go
for it. When I informed him of my
resignation, he did not convince me
to stay knowing that I have chanced
upon a good opportunity. I will not
forget my last day in office when he
opened and served the lawyers with
a bottle of wine, and chatted with us
for a while. I thought then that he
was elated that finally I am leaving
the office. However, the following
day, I received a text message from
him at 8:05 in the morning wishing
me success on my new endeavor.
He followed it up with a Latin
maxim “Festina Lente” and even
took time to explain its meaning.
He went on to tell me that bigger
things are in my horizon based on
his impressions of me for the eight
years of working under him.
Chief is never insecure of his
limitations. He knows the extent of
his authority and abilities that he
would not hesitate to ask for help
when he needs one. During the
second week of the 2017 Bar when
he was the Chairperson, he called
me to his Chambers and said, “Iha,
paki-tulungan mo naman ako. Sabihan
mo rin si Lala at Rigor, tulungan ninyo
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ako ha? Tingnan mo eyebags ko!”
Who am I to say no to a Justice of the
Supreme Court pleading for help? In
2018, when Malacañang announced
his appointment as the 25th Chief
Justice of the Supreme Court, I sent
a message to congratulate him. He
replied saying, “Thank you. You
will have to rejoin us.” And when
I told him that I have to go back to
my office after his oath taking, he
said, “Mag-file ka na ng resignation
mo. Tulungan mo ako.” And so I did.
To our beloved Chief Justice,
we thank you for the confidence,
the patience and most of all the
opportunity to be trained under
your wings. Personally, I thank
you for being one of the few who
believed in me and for showing
me how a true magistrate uses his
wisdom to settle controversies.
We all know that despite your
retirement from the Judiciary, your
restless soul will still search for
other means to be of service to God
and to the country. We will all miss
you.
Atty. Charisma Nolasco
Chief Justice Staff Head
--•••--
Dear CJ Luke,
Do you remember, Sir, when I
approached you around this time
last year regarding the possibility
of joining your legal staff and you
said there was no vacant position
then but you’d consider me should
a spot open up? Fate was truly kind
to me when you were appointed
Chief Justice shortly thereafter and
you were able to hire more lawyers.
I cannot thank you enough for
taking me in and giving me the
opportunity to serve on your legal
team. I have learned so much under
your mentorship in the past year.
You are an inspiration to all of us
who also aspire to have an enduring
and successful career in the Court
and in the Judiciary. I wish you well
on your upcoming retirement. You
deserve all the accolades that you
are receiving now for your brilliant
career on the Bench and your
decades of tireless, selfless service
to our country. It is an honor to have
been a part of your OCJ family.Atty. Jose Aurelio Alban
God bless you, Ma’am Rorie, Court Attorney VI
and your entire family always.
I salute you, Chief!
Atty. Maria Cherell de
Castro-Sansaet
Court Attorney VI
--•••--
I feel privileged to have been
part of your legal team. I will always
be grateful for this opportunity.
Happy retirement, Chief! Maraming
salamat po!
Mina
Atty. Franchesca D. Batungbacal
Court Attorney VI
--•••--
Dear CJ Bersamin,
I consider myself very blessed
to have an opportunity to work for
someone like you. You are more
than just a boss; you are truly an
inspiration. Your hard work and
dedication have inspired me since
the moment I first joined your staff.
Thank you very much for helping
me achieve my dreams. I will
always be proud to be part of the
OCJ Bersamin Family.
Atty. Chloe S. Fadera
Court Attorney VI
--•••--
Dear Chief Justice,
Congratulations on your
retirement! May you have a relaxing
new chapter ahead of you with lots
of wonderful memories with your
family. Thank you for allowing me
to serve the country with you.
--•••--
Chief, working for you has been
an honor and a blessing to me. I
have learned a lot from you, and I
promise to uphold your teachings
as I continue to serve the Judiciary.
You and Ma’am Rorie will always
be Papa Ber and Mama Ber to me. As
you both have provided a second
home for us, employees, to grow,
and nurtured the office into a family
that makes such home complete. I
have nothing but love for you and
the whole OCJ family! God bless
and happy retirement!
Atty. Karen Christine S. Red-Lock
Court Attorney VI
--•••--
Dear Chief,
Thank you for all the guidance,
knowledge, and wisdom you have
imparted. We wish you good health
and blissful days ahead! Happy
birthday po!
Atty. Al Mohammadsali
Court Attorney VI
--•••--
 He would
always say,
“Huwag kayong
mayabang.
Dahil siguradong
mayroon diyan
na mas matalino
at mas yayabang
pa kaysa sa inyo.”

away that I was doing the right their own shine. I have seen how Due to my almost 10 years of
Dear Chief, thing – even if I didn’t exactly know you have reached out to people being part of CJ Bersamin’s legal
what I was supposed to be doing
I wish you a radiant and blessed and genuinely made them feel staff, I could say that he is the type
to begin with. I was looking for a
retirement! I am forever grateful for included, that they have a stake of boss who is not modest when it
change, or at least some direction.
the love, joy, and lessons graciously in the bigger picture. You have comes to giving compliments and
shared by you and the Bersamin My father, whom I idolized, had shown so much patience, empathy, more than willing to mentor anyone
family! Happy, happy, happy then just passed away; followed and understanding towards those who seeks his guidance. I don’t
birthday po, CJLPB! We love you by my sister, Charisse, ten months whose views may have differed remember an instance where he
3000! later. I was frustrated with my job from yours without having them raised his voice even in times where
at the bank and I had toyed with the submit and concede that you were his staff might have committed a
Atty. Abraham Joseph B. Alcantara idea of dusting off my 20-year old right. blunder.
Court Attorney VI law degree.
I wish people hear you laugh He has always shown a good
--•••--
The interview didn’t last long, more. example for his staff to emulate. He
Chief, maybe ten minutes, tops. All is the epitome of professionalism,
It has been a wonderful part of I want to thank you, Chief, for
that time I was praying that you validating every value that I have dedication, and hard work that
my life journey to be given a once wouldn’t ask for my transcript ever been taught by my parents, and even during his supposed wellness
in a lifetime opportunity to call you of records in law school, so I was which I hold on to dearly. Thank leave, he goes to the Supreme Court
“Chief.” Thank you because you relieved when you instead asked you for showing me the value in (to the slight disappointment of
have shown us the best version of when I could start. Of course, at the denying oneself and taking the high his staff =)). CJ Bersamin regularly
your leadership. All throughout back of my head, I was probably a road. You are truly hero worship- rewards his staff with merienda
my employment at the Supreme shoo-in considering that you and worthy. and to sumptuous lunch or dinner
Court, you have provided us with my Mom had known each other at buffet restaurants. Even during
a kind of leadership that gave more since 1991. At the same time, it was Bud the summer sessions, he always
significance in our pursuit to give also because of it that I felt that I had makes sure that his staff is well fed
genuine and honest public service. to prove my worth even more than P.S.: and comfortable.
the next guy. To the Chief of the Chief, Ma’am
With all my heart, I am
Tita Rorie, On a personal level, I could not
expressing my sincerest gratitude To be honest, I was very thank Apo Luke enough for all the
to you and to Ma'am Rorie who intimidated. And who wouldn’t You have become such a big opportunities that came my way
both showed unconditional faith be? Everyone I had spoken to had and welcome part of the whole because of my employment in his
that I can achieve a better version all these glowing things to say experience of working with the office. I will forever cherish all the
of myself. I am very certain that if about you: how brilliant you are, Chief. Thank you for looking after professional and personal lessons
it were not because of your faith how lucid and well-crafted your every single one of us, making sure that I learned from him.
in me, I would not have made this ponencias are, and that you are a we are taken care of, and failings
dream come true. Thank you so tireless perfectionist, etc. And they are addressed. I am in awe of your Atty. Jeffrey G. Gallardo
much, Chief and Ma'am Rorie. are not wrong, but having had the candor, kindness of heart, and Judicial Staff Head
Sincerely, advantage of working under your sincerity.
Atty. Noreen B. Bragas guidance for the last seven-plus
years, there’s a whole other side of And just like Chief Justice Luke,
Court Attorney V I wish people hear you laugh more.
--•••-- you that they have missed.
Nakaka-good vibes.
I wish more people had
Chief, Maraming salamat po!
experienced your generosity, not
When I walked into your only with compliments, but also Jose Salvador A. Zenarosa
office for my interview on the first with your knowledge and wisdom SC Chief Judicial Staff Officer
working day of 2012, I knew right and in allowing others to find
--•••--
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 EXITInterview
" Kung hindi sa inyong malaking suporta, maaring
hindi kasing saya akong magtatapos ng aking
panunungkulan sa Korte Suprema at sa Bayan!"
W hen asked what
he would miss
the most about
being the Chief
Justice, CJ Luke
answered, “YOU! (laughs) All
the people who worked for me,
under me, and I worked for.
All the people who shared my
problems, tensions…all the
people who gave me strong
emotions about many things.”
On October 14, 2019, Chief
Justice Bersamin joined his
colleagues, Supreme Court
officials and employees, and
the media for his last flag
raising ceremony as a member
of the Judiciary where he
then delivered, A Message: A
Farewell to A Home:
This morning, we observe
a long tradition by allowing
me as a retiring Member
of the Supreme Court to
speak in person to the entire
community right after the
flag-raising on the Monday of
the final week. I am grateful
for such unique opportunity
because it becomes the final
time to communicate with
and to address those of the
community who were unable
to be at the retirement rites
held in the Session Hall last
Friday as well as at the dinner
party immediately following
the rites.
But this address brings to
me mixed emotions — half
of me is happy, the other
half sad. Happy, because I
finally go into retirement with
the comforting thought that
28 BENCHMARK | THE OFFICIAL QUARTERLY MAGAZINE OF THE SUPREME COURT PUBLIC INFORMATION OFFICE
By Tiffany Ines C. Atendido
one younger magistrate shall
continue the work I leave
behind; very sad because I
am finally leaving this place
and bidding farewell to this
community. It feels like
leaving my home of over a
decade.
I have been with the
Court for over 10 years now,
the final 324 days being as
Chief Justice. My tenure
officially ends by midnight
on Thursday, October 17.
As that moment draws near,
I experience a deep sense
of personal satisfaction, no
regrets. This is because your
steady support and willing
cooperation have made my
life as a Member of the Court
and as Chief Justice much
less burdensome. I have
always endeavored to be
true to my oath of office, and
have always discharged my
duties and responsibilities in
the best lights that God has
endowed me with. Do I now
have a better way of putting
it except to say that I have
faithfully served the people,
conscientiously discharged
my office, and dutifully fulfilled
their trust.
I should be acknowledging
all the persons who have
been with me through the
years. They are my legal and
administrative staff, including
those who served with me
when I was still an Associate
Justice, and until now as the
Chief Justice. Although a few
of them had already left my
side to become judges or to
take on other challenges, I
commend them all for their
loyalty and efficiency. Saying
Thank you! to you will not
be enough to convey my
deep appreciation for your
commitment and devotion to
our work in the Judiciary.
The OCJ is also the
mother unit for the many
officers and workers in the
Public Information Office,
and in the Rollo Room. I
have nothing but praise
for your consistency and
perseverance in discharging
the tasks your respective
offices have been assigned
to do. You have also done
well under my watch. Thank
you to you all.
Although I really desire
to, I shall not name the
individuals and partner
institutions who have
extended to me their special
assistance and cooperation
in discharging my official
duties and responsibilities
as Associate Justice and
as Chief Justice. The list is
simply too long for a brief
occasion like now. I will just
say to you all — Maraming
salamt sa inyong lahat! Kung
hindi sa inyong malaking
suporta, maaring hindi kasing
saya akong magtatapos ng
aking panunungkulan sa
Korte Suprema at sa Bayan!
As Chief Justice, I have
done everything within the
bounds of the law to afford
the fullest access to my office.
If I was unable to address
any concerns brought to my
notice, it was not for lack
of trying. Still, I ask your
understanding of me. I have
limitations.
Between this morning and
my actual retirement on the
17th, I shall be in my office
daily completing all tasks that
remain to be accomplished.
All I ask as I exit from service
in the Judiciary is just as
forthright as that, nothing
more! Continue doing your
assigned tasks and work, but
please be constant in your
loyalty to the Judiciary as our
institution, and be steadfast
in your fealty to the letter and
spirit of the Constitution and
to the Rule of Law.
PHILJA, JBC, MCLE,
OCA, OCC, DCC, Medical,
OAS, FMBO, PIO at lahat na
iba pang mga opisina natin,
muli maraming salamat sa
inyong katapatan sa ating
Bayan at sa ating mga
kababayan! Mabuhay ang
Pilipinas!
He also left a thank you note
on the very last day he sat at the
helm of the Judiciary:
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