PART ONE PARTING THE CURTAINS CHAPTER 1 “The mid-afternoon heat of May diate In the col concrete ofthe Spee our bling. Bat in ’ i is peste rie towering columns but not males tne ed cae ole out ne ot “The putes and et the ess in fel, warmly welcomed by Fees va. At the center, spotlights focused on an cevated iat atin ascribed with the words “Supreme nding the ine fag blanced scales of jie, and wo tablets wit Reman representation of the Ten Commandments, ies lading 1 mal onthe end flor were Deck Tower, softening an otherwise impersonal place. Te in the ih alte nod sight a ests ree formal Filipino ate, rund and fe hire camper about forthe Court There were 0 opposing patie: hice ete on his seventh han eat, cll wonden dar fame by owing maroon velvetuaa aces Aap, teen uses entered the hal i thet ceremonial tgs, seen by purple bord. This dort lone, ndstads behind hl escent- shape mahogany able always i the Chit Josie who emerges stand takes the center est wile the mos juno asties, Numbers 15 and 4 ake the seats at the Farhest ends ofthe elevated table. Rank clearly defined and observed in work a8 el 8 Four imposing male colamassymboling the four isons ofthe Cour-provde s backdrop to the Jsces seated on bandmate mabogany ‘hls, The sn's mys, engraved wond, Beam above eich chai. The htc ae dfine, set part fom the audence’s ences by wooden alas “Tat day the Jastes came down from tere to speak sing the microphones in lectern reserve fr layers during orl anguents, They eft here demeanor bei they pal tbe ta callengue who was leaving the Cour, sme with humor aud luge. “otc Dae Tiga was bang otal his colleague, sce Antonio Capo, opened the program wit short speeh,deserng the cerenony~a special ev bane session =a" yl moment” alr inthe yea, in February 2008, Tiga Mims had opened he reiement pram of lstie Aff Azcuna He sid with asl, “Tas Hes the pula gps ofthe Supreme Court in a more reaned atmosphere “herein atc choses who among i colleagues tthe ton fare prog, cme a suprise that Taga ehose Capi, whom e once wanted ‘ensured forbs vivd language nthe don onthe people’ inate ease Caio then warmed tat the Cout would he commiting hud suicide” they allowed the Constitution to be amended through a Mawed proces, “That was ot the only ine Tg al Capo cose sors. This fd ot scape ste Arr Brion, who emcee Tings etement programe ‘eas sl new ob the Court bt Brion captured the relationship ofthese to Sst, Camo he sa a igure n many debts with Tiga fe, they Inere on oppose ses, with Tings arguing for the aiinsration in ces ‘ith sigan impliestions fr President Army, But on his as ay on the Court, Tings pid completo is wont HIERARCHY AND TRADITION “The retement of Juste she aly pubic funcion hosted the Supreme Cour time hen the duces bring thelr urd own ding am official ren and sciaize with guest Rarely do cuts step nt the encased iain the seston hall, which forthe exlsve use of utes an const eot daring hs day. when Fay and es performers share with the fine member Cou. The audlence the Sesion tal and leony. which ould seat out 300, regaled wih so 8 wel "A hustces retiement ceremony Is & window on the Cou. X shows a word seped in herachy and tadan, sbaped over «hundred yeas Sent rae and it ors beyond the scatngarangement tte desieaton toiers the ie and lation a rooms, the Baguio cote, ae cven te type of ear asin enh ediement ceremonies are awash with els and symbols, Each ste ie the eng collage a memento which symboiss ves the hn stands Incaing cv ty, ney nd ett the al fa. Some of thee sts are the Supreme Court ing uc robe, dhe Justice’ tok of esons andthe Phipin Mag. ving of tokens highs the collegial nature of the Cour osteo apecain fa a cleague's con bans, whether in ast ‘at ring wot orn an impeccable argument tat ech a dcsion oF that ear and powerfl wring pe that conveys the thinking of the Court cyone brings to the calle Inston a Hime of experiences, ase ft telets and vais at mold thir view. Surly the Justices have thi ‘greets, but These dont neces extend other persona elatons “Te Juste et tow es oer eter When they work together the vin ince they mest quently and are a sale soup fe than he oF toe, Dring thei ewce-a-neek deletions, they spe sme me OD Sots and tvs, The Juste eventually ear ofthe colleges trent Peony quik, repsaons, how each of them aves at decisions ant Ae weakness 1 er, nthe dvsons. hat iendships are foe of mags and dispeasres ean TA tines, thoush, some Justices tend to think of themselves more 08 ls-operatng independently of cach oh, 28 they were runing Fawn sala Sms-than ns Cour offen working findconsenss a fon rivement ay superatves oursh and cane relies uaStoo dt: Pig Sie et av monn ote ay st fhe wt a esos Sw ot ep ey re ad fe reins thy ae fran th dns he Inpho ess Th rns il 1 toe gan neg ep el at ‘and, hopefully, take these to heart. : “Tn sno egg ad wo ed” te Anca Senda Cuter slain meme oon.“ vo oar honor Ty wasn may nee fo Seaton Tis heb yr ace oh inh ied pi, ‘politeness rules and no one dissents, at least not in publi. i 7 etaeay ir ny ran atl ig thang Pct geo ees en ey ‘the furniture and equipment in his office, including his ca. oa ‘Capcom ht when eal an, te wf be ct tm ev spe of ir etl dt Ne of aye Campos os no ine in placing an one fore Furi ofc Furr the wate for teas wo months before tee came "een con cna ne wen ak es ‘th catlagne by spy ing ate Te sure hares ee tet en eo py ‘tfc te Cn pl tem ot Cou tenant perfect. es hes se Rake Rin Dee 08 cei {4 noc jp Te sin as who stow ofr te ‘eh hed down fer The cof Ret mon He ad eae ‘tin rp on te Cnr pay afer wa fe hs peo toed munpomage secon be woe pr tay ome ee nesting he vain dee sme of 1 ons nt te ay, ang tem w pune nano lee ed othe nt hme ete te ed ont ee hi king ha tale Ts eines ‘apt when Reid he ht fe oy oh note commit hat probe he ek. The tal and ety Justice Reato Corona who stot member of the commie, had force pul a copy ofthe dean Tow the ening utc’ hans, Te omit needed to eet to compar it tothe eon that was leaked, ORAL ARGUMENTS, “he min open event in the COUR, how, she oral argument and ses a poran fnetion Its the oly tne he publ gets acu to how the Sates think on cers ses, how thelr minds work-tough the questions they ak the one of tc voits and the expression onthe fs. “To observe them they question Layers in the courtroom 0S a exragetinay open proces Ie sa way’ of geting to Know the men and Sromen vo make decison om ie changng sues. Tor the dsc, ts he ne chance they Rave to ss ese wth lawyer The ener frm th sched chamber, and engage ety eth counsels who represen lasing etre For the lye, the orl agumet {sa diet opportunity o 30 hoe Fen swith competing ded welcraed argument 2 soft. “Te ater insane when the Cur comes oui publ when submits an annua epor to Congress onthe operatns ofthe udiciy, While it ef document wth hight f major decSions, details on budget and eon It doesnot relly cote tener working ofthe Cost inthe Phlipines there ae fee memos f arcs tht have yee insights Ino the people whe make up the tid branch of goverment Literature on the Supe Court i mostly ofc fom is itor 0 dechlons egal academics and sora have not writen about the Cour the way thelr counterparts in he US do, analyzing landmark cise ad the Impacto he Cour ner virions deri accessible langage: ‘One book tod out however, for is no-bolshared candor: Justice Jose Campos it's 2002 back, From the Acaeme 1 the Supreme Cour, of ch only 100 copes wee pind. This was nat meant for the public, oly forthe autor fami and fends. Campos marae, in clout deta, his xpericnces and mishaps with superiors and collegus. He passed aay In rng his yeas on the Court, Justice Artemio Panganiban published bk anual, which served a hie report cad, containing ls speeches Se ecisions By fr thse have shed the mos ight onthe workings ofthe iout, rom se information on sctingarangemens and process to hints of deliberations“ the donor of some Jasices ot we othe pubic oe Josie Eagan! Cruzin Res Cesta 2000, tok the ede to he various Courts om 1901 to 1986. This was more of histor bok then 4 memo, Crux dsb asthe “uexpuratd text af the hsory of the Supreme our that he ascetic t censor” he circumstances surounding the book were sontovesal. 1 was ‘ginal commisioned. ty. the Filippine Juciry Foundation, But after submiting his drat then Chi Justice Andres Nanas sowed a thee single-spaced pags ented “Suggestions of Inia! Members of the Cou" The reed sce angily wrote i his preface, ee othe Courts comments: “Coming trom the members ofthe Supreme Court, tey ere sotsque. They smacked of pure and simple censorship ‘Cru retuned the 7240.00 down paytest and paced p work on he ‘book on is om tems. Nove and then, reed sces make passing references tie on the (Court thee speeches bt tise remain very gener INSTINCT To CONCEAL The Caution compared toa monastery-an exaggeration acully-but tiga handy reference. shows tat ie onthe Cour i far fo he vsual, ‘he most vsble change for the puble the absene of fase fom ‘mos socal fnctons Even thir reds dscove that antes aj hem so easy oo frequent in costal ates or public event. het fetes change. or outsiders who jin he Cour ths the mes immedi juste they make Justice Antonio Eur Nec, omer ‘ones, was amused as he recounted his fet months wn the Cot,“ athe ost number of witrs al fom Saar my cnsitients They wold tai, wibout sppoinment, asking for reommendtons fo jos had ‘o.xplaln to them that as in iferent psn row." Brion, «farmer Itor sce, aod Row siclcing depp to a ninimum. Bithiay, dinners. or lunches ate marked among the Jest thems, Parganas wrote in his bok, Faith and Jstice, tat be “severely Fiited” is presence in socal fenton, “tending only when thre were Seca easons ie famlygetogethen, weddings or amv of very kay close ems sports comptions (api and tennis) with members of the Salary ocloeelatives and es with whom Iwas aeady plying ror to my appolntment or who, n ay even, have ae known litigations before the Cour orth lisa sechson i a way of fe. Jstice Arab Sars, when be was sil om the Cour, cxlsined Ina specch that thelr busines fers deciding exes fe fot the intence of men's, especialy palin pons, xcept gal arguments of aces. Our business 6 rein the Ine nd f the passing parade” ‘He continued: “Goverment works wth wins! ransparecy, we work set onde. Barmera ive with an open book; mst four books ae closed pub sein “The hey restetons on the Cour folate th Jstes, in way. Ts made Chef Jie Andes Narasa reas, during te retement ceremony fa colleague, ht telat would now tetra to the and ofthe ivi fer being jill entombe.” “That sa dark etapr but it eves ome te point of lst ie milan, when Panganiban wast Josie om the Court ep tte 0 a ering college, yng tn the ustce was oi to “epaln his etom from sence. an wil be ibented from exe.” "The Cour wos in alte of rey. Silence ther eed specially ‘when it comes to deitestions op cse that have no yet been soled Tle Chamber, ifthe Juste sry oars ce, are almost sacred terior, ints to gant ad loys “Jstiees wor nthe loneliness of thet Chambers” Sarmiento si, porting he solary nature of thr wok, “We are not fie to hold press conferences, ppear on TV tlk shows, ‘or sami co interviews. It has costa plenty. though. We have received Insulting 2d threatening eters fr sgrned partes and ths flowers” "Te Supreme Court isthe leat visle ranch of goverment, whete esbcraions ae eld behind closed doors tat ely Justices nat even thelr taf ated. Keping deletion confdentalalows uniter dcusion Sse Floren Rela wis Quote 3 syig: “ln al courts, the ae teanprcocy; bu inthe Sopreme Cou ls confidently.” ‘Confdeatlity hes pte the Cou rom the inence of ouside, ratny parsans fobs, and gant. Bu here & another reason. “The oncamet ees 2 myst of profesional that trengthens the juicy iaIns competion fo power withthe exes a lev ances of| sovernment wrote US appellate court Judge Richard Posner, thr ofthe rovcaive Book, How shges Think, and a Ios at the Unversity of (hig Law Se ‘The mystique shrouds the Cour in forbid bt, at the same ine, ‘venerable sur hat enhance power. utes are srt refered to 2 the "ods of Pare Fara" al the “dees of Mt. lyn” ant eval themselves would mean Ising thr protective mane, OPENING UP Slowly, however, the cute of concstment hanged asthe pressure of 24/7 ‘mea bore down onthe Court n 199, afer more than a ceaty af exstence, ‘he Supreme Court opened a yu infomation ofc to aes the nec 0 commuricate withthe use wo Wie dvsions contin o speak for ‘he Cour, te infomation of facta the dlogue ‘Theldea began percolating inthe early 1900s when Jstice Cn uison propose the creation of the pablicnfition of. "He ha tin ow the office of pbc intrmation ofthe US Supreme Cour el wih the pes? related Justice Leonardo Gusunbing ‘Onisumbing ha visited that sme ofc vic. Has, be si wren ‘he tbunas dese “to save sl fo the posible embarasment of having ‘0 answer cttcsmsagalast the Court or is deison by losing partis who atrly might be unhappy about haw ter ass tamed ou” Cams oF court deesons, in many cst, were the el flack of eerstndg of the Judicial proces ths became the Function ofthe ple afrmtion oer toiuminte he pb, hough the mei Sil the presence of «PO has mh changed the ener culture that toate te Cou. The 10 sgl opened 2 room With waa hat ave een shut ora long ne. The revaling ery remsined adits spawned 8 by-proluc poo eters Former hse Chez wren Res Gestue that pois eters inst some members fhe Cur ej a circ in the ate 1980s bt increased during the next several yes. "The chars were unsigned and puerto come fom Concer Citas Concerned Memes of the Ba an Concer ‘SC Employees Tey were ced aginst some member the Cound ad co do with ‘ean eases blag ough and a ‘al but a few of he Imaglsvates were comapt™ — “Te Court lok nt these complaints bat most were sms for ack of viene, Cz wrote “The peocce fas continued and some are cven Tf n the tolls of ‘he Cour for the sat to dacver, silly, thse toxic Keters are ted to pending cst that involve huge amounts of money. These eters aim © sri Jase or pesare them to take eran side ‘nce, he Court acted sh a eter: was pot amonynts bat the scar ted out oe tous. ta 2006, certain Jose Tino rot that Macro Tea clase essa of busines oon Loci Tan, had ten lng ‘members ofthe Mata Golf Chub ht they dint need t bribe Jade of the eonl tal cours bese eer eases would emf up anyway, atthe Supreme Cour where mos ofthe sce receve fom them regular gs Ike fa and business PAL (Pillppne A Line teks. oto mention that ew of them ae eve on thr pay.” Stes point stat nobody can match hls bgt for Josie. Every stice hea pe” the eter si and named sx such Justices. ANE 8D those named. Jsties Angelina Sandova-Guerrez and Mints Cho Nara, sent off te a Te saying they had never met ht nor received nyse ts fom i, ‘he usc Hai Davide dete the FO to checkout the sede, NO such pron woke o vd in the Quezon Cy adres en. ‘a ve page ov bone tsltion the Cour tok pals to des the Tne eter and warmed anyone who made ufounde statements undermining the Cour tat they woud be penalize. “Bess alegatins made by persons tinder the bak of anonym wreak havoc. and ukimatly destuy dhe Stbiy ofthe Pippin jaro »str.” reed the resoiton ‘The gond name ofthe Cut, aera was its source of strength Wihow ‘this it work wou For mat but he cure of secrecy has ken soon the Court. The opaguenes cof the iar Development Fund and tow as spent ed oor Sook te ituton when partizns in Caress acted to impeach Chief “htc ila Davide fn 2003, What Began a an Inqiy it the Cours ok evolved into a msy poate ‘hen funding institon wae look at 2p they the july come ap wih a Tessased management syste” 1 male Ut more accountable they asted an academe who taught governance for advice. One consti, the academe sl, was tbe clue ofthe cours vosStaton tot: tg eS Cet “The isan Ss that eds to be bought out the ongeizatonl ular, pray of the higher cours Because thy must malin a osturethat they ae ahove reproach, angen in its intern operations ‘s compromised. Thus it asthe characteris ofa closed onion. Hs {nner workings re proected rom public sry,” wrt the academic a content bi ‘ven th bling ep secrets The Supreme Cour was teil hot seat, ‘naira sense: was re hnzar In. Janary 2007, when Reyato Pa wt J" aoa ld as Chie Juste, «spark ged Maes tat bund pa ‘he esting and wall, andthe curtains ofthe exon hl twas in a meting {in then Bane conference rom (adacent othe eso al when sw sake ‘coming ow fom the Horn.” Pano wes quote ying The eta sted ory mines was eased by a sect function and sho cclt> None ofthe fs hat were py t the extent ofthe prblem-the Department of Public Works and Highways and he malnicnance division of ‘the Court-wanted ores the al details. The DPM weed with he Cour ‘tac he ese ofthe Fire and id. thorough ck ofthe bldg, ‘This was no the only eeporte fie incident; nother was caused by a8 overeat elect ‘The Couns offices experience frequent brits THe eet wie ‘ofthe more than seveny-yeara bldg were expose an invitation to lisse, This halding tad once seed 38 Villar Hal the Mary ofthe rear Unversity ofthe Philipines and twas given to de Cour in 194 ‘he Cou’ brary on the wound or loked ikea ideo, wth prs of itscolig exposd showing intertwine lect wires They extended tthe oor, where the wires cave This asst anew problem, When the Cou rekovate is male session all an ote ar ofthe bling 2002, the rites aleady icone this and frproofed the ares they worked on, Renovation was ike teaing ‘marine they were crf o hep theta othe strates ta ‘he same tine, prtet he rm teachers fe But the Court nas no acted on this emery Boao the huge amount "ded forthe complete rei ofthe bling about F90 min e 20 ilo The poet went though filled is 0 the ev ae autre a sega contract, bt hast move. The hos fhe Davide peace seemed to hover paralyzing them inction. it dcs' el that he ous nance bureaucracy i se, unable think up funding options. 1 ONENTE SYSTEM Teco vos In hive ys The Bt sp we 9 Fon secpey te Cu bela te Te eas atestped © Ce ctfena nw ny the tie member ecm ese Shove wa pce an he eof ae comes th thee don advan ees al eerie on sey Te tan chs eng ngs is ly tesla te cakes orem rin vn om ont ai as oe ako nec are wo wy en cna te ding ee nee ote of he es The nt what snl clk he poe ad et snes the ee thy ad we hh deco ere Sonoran nae Many hw ee eso cna at ao ovwicnstaton! usin (oer a Sp nu ai mesh open of etee wk oc eo cn These of ose Tider sei ers crore tnt ln) De ponone ls mes el ee cae a i ste vcorse pn ain erp a hee bere he ates I i eel he pene wu ee See be ge the ial a ge wt id fal he her the nts be wel eh i gar wo est Ths wrangmcit hss dtantge Oe ts ve Wok © to pm rte ap th cr Th ty eo te pose ve done is homeo Tat pete he a Pret Cin arnt e ns ty prongs none tf oopined fst Menta wl-kmvn lger wits ght car he Courts ton age nc nate pore Ste as ot a he anymore: The pn cnt en tua en” Trndr wo wes Renand Manos ue mina ator evr uel ee wll why 2 enced ‘cet Cohnge it and Lic Tananoghs hens Meno Tate ph nbs wh noe sn tei he tis toy Aad te ofr omen pea ee the ou ad oat eich Det he en stay tt te Wen Re pon in he ov sper faces as ows be PuneSow fot bg eS Cort sng his ks othe Course ofthe Jute ha worked with Mendora when be was sottorgeneral-to arse te cae to the en ben teat. ‘one case whee Mendoza ws coun the configuration shang and the Pome, who decile apaist endorse, ned pt the mir -Avotbe sep in the Supreme Court that he watt or both god ad dis he dvsion system: dhe Court has three dvsons with Bve Justis ach This eles the Court hana the ome of aes that re it tt ls eas oproblens when visions come outwith lasting ot ncn disor, ts notunusutcofnd contrasting iteration ofthe a dvson econ I thee are rough to the stention of the Court, through a case then it proves an opportunity t sight things ot “tn practical effet, there are four Supreme Cos the Court banc and ‘he the divisions” wrote eed asic Jose Vita na en “The Court nds Ways Contayo popular perception, sts do not ave speak pale time ula erations. A Justice can spend year onthe Cou in seo aga {Cea in the ager" a colesgur on the Court who daring he ore ‘hon ight yes Tattered not utr sage word in ur deletions en bn. exept went ws is tr o mule he morning payer” Heres why, 36 explained by Panganiban in hs book, Bottles in dhe ‘Supreme Court: “The agen ofthe Cou wheter en ane or in dvs) sly eDBSs Of about 150 to 280 items per ston Veal dlcanons se very limite. ses do not tak extensively Rather, thy we» ot Arguments reflections and poston paper ar exchanged every day When the dcusan ofa case exceeds ve mints, the Chit Justice normaly ‘ospones further discussion fora est a wet, with te suayestion that ‘eer wre tht opinions, pro an conta to beast few day Prior the next exlenat.” “About ninety percent ofthe tie, the decison ofthe Court, whether ‘tan orn division, ae unanimous ano formal vote taker Bat when ‘he Courts divided, nominal voting usualy cord in which he most lor members calle cast is ve fist.- Te theory by ling ‘em fst ty are supposed to be red of he influence af the vote ofthe senor ments” isin the big and high-profile cases that the pbc gto read and hee stout th Supreme Cou and how the ss vie, These tak lace in the ta cx tne al he ass pte i fe om Salen td een ee, pcr an ht seme ti nw ie of pnt he os were pe ca ets re ae or ists ions ingen on erations sqetton weting ens vin yt cone wl Pe vce gon Tey se x ‘ho wag reg eon apenas a ees Tevcoining eps nd sergio fm l= ae ee ee aan of ae trae metering ge fr en {tao han cea Towa apy cen ting yen rh oT Cont et es rh ewe es nrg ctag ou ae. lo rage sats ton Gut 1857 che hea a ove Jae Ryo ir hoo een. See Star ste Cu woud lee a bre ot ged SEPARATE REALITY ‘ne of these unchanging tenets the demand fr the Jsties oe ove fom everyone es ‘the ry, Jugs ae supposed o be ctetures diferent fom every We expect ot frm them bcase we look pt them as urate. They ese conflicts through tee desons an prevent chs in society. For {o obey them, thy nee 0 show hat ty ae beyond suspicion. “Sues ee not come net and women whose errs men and women Fonive and ine fares, aes tthe bodiment of he people'ssens of ste, ter est ese where lobe iastitions have aie the Court ‘nly wrote in a decison admonlshig jae “Therein! in inematonl codes of condut-are rigorous and these ince evoiing any ht o appearance of imprprety. To dspl any ous abou thi Impatty ad ies, judges, ely, Keep away fom fccsons wher eso nee socaize with then “That's the meaning of thr lak abe ad, Ss ater counties, wis to show that justices impersonal. nthe wor of US Supreme Cour Chief ase Jo Rober wh ve at inv 9 The Ala: "What wee trying estas. eit sot the psn: the a taSeon a Paige Sap Cat The Jui robe, i is explained i rerement cereoni, symbols lndependence aed impartly. estes arent supped to promote temic; this they sey ie nerves tothe medi. They like to sy tit thir deons speak for themselves and thatthe public shold eink of Sse ess as Invi ena bt mores belong to a ntti ht foc on he nw “ies tk na tseball game Fans shoul leave the ge talking about ow great the umpire was They should be talking abou the players ad the ‘me Ht,” Robes explained. The Supreme Cot he sl, boat cases andthe la, not how an individual Ftice could cll he come Sil exemplar behaviors expected om the Supe Cot, ing the ighet court nthe nd. The respons to sow the loner cours the way fall on te fen estes who inka tht aed wor hose oto decaes ag, when Camps tre, he iene he jaca ‘o.anexclasie euhwih the Supreme Cour a th top ofthe pram Bat nga he tps somewhat wrap he tien cpr aly This event when tay espie the over cours. Spree Cat Jie ‘icy punish jugs for offenses thy hemes cot bt tay wth. ‘Tae hese examples: One judge was fn P0.00 fr fling to pose F191 criminal eases before he retied. Another ws fied 80,00 For not resolving city the cases before retirement. Supreme Court Juste ae rly of isa wl Some ave anywhere frm few hunted thawed is before they rei. Aig eb was Ned Pane for siting om ase for ne months hen thera dese of case ninety days. Records ofthe Cour shaw sumer cxamples of des beng fined for "und ey.” Butte Supe ‘our doesnot rene records on How long takes each Jase ore + se Teil says they are suppose io decide a a Within wo Yas ‘hats suprising abou the Cur, though the absence of cae ‘les Whe has equed the lowe courts obec abou inal, the Supreme Court has nop ogee re In te document ey real seater in various alts i pt the lawyers to ep track ofthe res ‘The Cour of Appel has ts own rkbeok. Some spelt Justes were ‘severely ested when the scandal on he corporate war betwee the Manila "ecie Company andthe Goveranent Serie Insurance Sytem broke tt found ou that a ew Justices were sloppy abou fallen the proces in 201 arng cases: heir sanctions range fom emis reprimand But the Supreme Court eli ot st abou tying ltl ois les ‘Things cane dane abla. The Court des eed to explain ise when tests the es but eran fom the lower cours ‘Rees to Infomation i 4 sensive fru wid the Court. While the Justices hive refs to make publ lr statements of asst biti, “nt net worth SALNS, they have ordered judges and court personae ole Tim every year. Assets report i he exectve ad legltve deparnents— the Present, senior, confess, Cabinet ofa, and goverment tmployes-are open tthe pubis, bt those of the Court remain hide, {Cocoon in ser the Cor ears that scosing thei SALAS wl xpose tem to “Tevenge for averse decons extortion, Mackmal, napping” tnd, limately, "diminish dstoy tir independence" (i August 2008, ‘he Cour started review os yay not to cose SALNS) ‘A numberof the Courts decisions ede high on transparency and the cae’ ight to Infrmaton—but tis hardly apps co them, When the Commission on Eston ep the name ofthe nines of ats ross ‘under weap nthe rnp to the 2007 eens the Court oneed the pl body to eles the. “The ight tonfomation i pi ight whee the el pares in intrest ar thee” the Court ak “A fr every ih ofthe people ecg {fundamental ies coreponding duty on the par of tase ho overs | respec ad protect ht ight Tis the esence af the Bil of Rights” "The Cort one reprimand Judge for denying request for aces 12 court eons Yet enperce wth th Cour sbowed that juiia recods sch 1 petons of paris in publicist cases were of mis. “The Court ough utc Rowen Caleo Se as ait wel: "Me poor reasons for granting puedes inca he pull’ ight to monitor he functioning of our cous thereby ensuring quality, honesty, and respect for our egal sytem” ‘When I comes to employing personne, Jastes ted to hie family ‘meme and reatives os well 2 Cosine and ina of thelr ta This pesstce was commen inthe lwer courts But Chef Justice Reynato Puno treed an ent In 2007, he banned the employment of Justices spouses fd chien in he Cour of Appa and the Sundiganbayan~and he di not spar the Supreme Cour ws meant enforce the New Coe of Judea Conduct whch fowns on nepos. sing family members such the ispouse, son. dager, Sonia, daughter-in-law and “any other relative ‘by comaninyoraiaty within the sath Gv gre, or person who i ‘omparion or employee ofthe jue and wh ives the Jude's howe ‘salon, But those employed in “confident capi av exempt In the ofc ofthe Chie ute, Pun’ sister, Maryn Santiago, worked for him asa pesona steer, and a ephe,f8ac Pua, was inthe ceiving etn. ‘Ths penchant fr cozines extend to busines eatonsip. For many ers, even Before Puno ald the Court, thei rave agey at serviced the Cou, Prestige Travel ne, was owned hy pean case othe Chie JuseeEsteito Mendoza his Former oss and mentor Ros, Men's wie, waa stockboler of Presi Travel She waa wedding gocher to Puno’s auger, uh ‘Wat suiting about his aangement shat gos beyond personal ics. sto Mendoza isa regular onthe Cour: he happen to have pending csc. te while that Mendoza les petons an agus his cases. hit travel gene des goo business wth he Cou ‘THE UNELECTED, Sil, societies somehow reserve a spel pce for the Supreme Cour neice they may be, but he Justices ate coder the conscience of 4 Pople. Before them aes which ell the tre of nation at fled These pt "ich versus poor, family ves fai, government vers business. Tey sre stout eedoms and hel vations; mare an raya robbery and dec These stores write the autobiography af country-and the Supreme Coun es 10 read the Fist, When the Conia is uncles the Cour Stress nd ts he Anal wor They do this when they ston peo for eta, meaning, locumens asking the Cout to review dens by a lower cout. These te lengthy, del egal brie in which spay that ls in lower cour ‘plains wt the Supreme Curt shoul step and hear the case tithe ast chance forthe lesing in, The Supreme Cour, the fal iter of eal conf, reviews cts of the excutve and Congres. With this pone, the Cou is cen as patel Instat aswel. "Because te ey prvson ofthe Const ar couched ingrand ambiguities and because the ke provisos concer he lager sues of our, of our leis, and of ou happiness, the Supreme Cour, by ap te exec ol eww ene pl pow mh am soup nd outa iT Cone ied ot Tepe mln det he lel an scl an en oem eof sg v ‘may be the weakest branch of government in the sense that it daes nthe Cd aay BE po fe Pat ‘Sons bg yw cue sang io rc nce a he Sen Cos hh cen wing cee nin soe hs he a Sect non ico iene Co soo npn thee he ef i tn Bl eee De a see amet Te atan, coy nye ogc roe eo en nett uy mare hy somes vote Ges 0 he Tt ‘Stee fe Tey we tutor mad Cr naw cy Pte ones Mar, os ntl 3 che ie hare 08 furor Spene mt er niin, it seed ot pots cass ha honk sty oer Moy ennui eng hapa i a yor, Se Com {pie ne petomon af atl a, Te wore ony es Yam wba onc inp der Congo Pld ‘mica ne worl etic noe op ne Cosson it a ey ney te oT aed rae Manes poe (cue vate come pee pen ofp Te 9 (Seen ane eon os pen mule em ho 17 08 a4 i of lana vee aos nt lay. er mnt wo The tery Sf tp yo one ie one Sree outa chen be pnd the, dpa he no Coston” hea rc cpr sey aa fet by snp amine rm by ae ne he Spee Ct copy wii eee ts on inspec "Coven co wea met se tie a uring te Maco iarStaton of Rog eSaene Caet ‘A poplar belo deposed Ferdinand Marcos in 1986 nding fourteen yeu of marl rl Before Maco ed Mscafang, Corazon Aquino took her oath a8 Presiden before Justice Cauda Technet,» dsenter onthe Marcos Cou. Tehanke. whom Marcos bypuse tice for Chief dase, ‘eventually became theft Che Jase in the Aquino goverment Uke the rest ofthe instutions the Supreme Cout was unshacke. The Cour dese 1986 as 2 "ycar of resort, ie of ene” Aino ake forthe resignation fa Sepreme Cour Jie nd other ‘pointe officals. She renyganized the Cor and respecte he independence ofthe thie branch of goverment Aer marl aw, the Supreme Cour ws expen is ext upheaval rng the second people power eben that set Gloria Macapagal Aro ln offi,PACKING THE COURT > Waen reste Velasco J a nominated forthe ost of cout adminsaior ‘in 20%, two layers complained, One vehemently pose the nomination nile tear waned the cut-akng deere Magilen Pda, wsthy Negras known to uly peopl, wrote Chie ie Hlrn Davie the eters, he Instone family asking that be be Grena chance:o explain othe Court his jection He allege the lowing, tthiclvolons: men Velsco was justice undersecretary be continu 0 be ative in hs former aw of; and as Court af Appeals juste, Velasco intervene wi his colleagues and lower-court ages in favor of cera tiga Furthermore, he questioned Vessco edshp with Kim Wong suspected dug dealer, I pemonaly now tht afer be wis sppoined Undersecretary of Jase he ported to bis lw ofce every Fay aero,” Pea wre ‘efeing to the Feaunde Velasco Graplon I ofes on Tat Avene The ‘Deparment of Fase ding was breath aay fom hs aw fim. (Te | Fi eventually moved to Pare Fra) ‘Yeats at, ea woud say nam nerve that got his information from one ofthe clients of Velasco's former lofi. Pe sai hat at theStow tt: Reg eS Cet ime, he was lecing ena rom a Man property he owned and one of ‘hem bppened tobe scent af Vela’ oi Fim, Peta roped bis bate aginst Vets afer the ater supposedly sent {eles through muta eds “He called up two of my fends to tll me that he was gig ak is aw office o with fom he geste case? rile Peta ‘hat took eda off Ves bck “He sender he sald “Why shoul 1 continue the Fig” Pes, hacen, was no strangest big ‘rasque Dghs: wiki mother and reer over imerace; with Bri en. Raymundo Jarque who was inplementing a curt order agaist hin, ‘einsating Pea’ rote as aminsatr of tele grinders esate in Negros Decent; and with the Nee Peoples Ary Juguc ha no boc it ‘0 olathe NPA afer Pe went er bm. “want food fig" Pea, ater mayor of Negros tows, os ‘Velasco, he sid sted an hs she things wp. ‘A about the same tne, Jesus Santos, who Became layer of Fist ‘Gememan Miguel “Mike™ Arroyo, ase the Court to Lok nto Velasco's endshp with the conovesl Kin Wing a he two ba played tennis & nue fines atthe Pippine Columbian a member-only lab a Mani (he 190 remained cab members) Sits nhs 8s ad to jog his memory when ase abou hi He sd bn knew Velasco because they worked gether for an nora en daring the Marcos years His poston to Velsco came much afr that. was @ lawyer for ase wth the Court of Appeals and Presb (eso nickname) ‘nas the ponent, We los. But es forget tha.” bes Prey hs since Improved hise™ ‘On his relatonsip wit Kim Wong, Velasco was sot ina newspaper report as sayng that bei havea mes at Wong’ esaurant by Mana Buy Harbor View, but tat he did ot know the man, Yeus ay rm the controversy, Velasco eat in an tre tat he played tennis with Wong a the Philippine Columbian, a storie scl lb Mani, whee the Jstce was yt resident. “You can conser im a en” be sid in his sft-spoken manne Vetsco mas appointed cou aminsrator in September 2001. The Court lepored the quests a dbs that sled round in, ‘Sir complains were sed in 2002 and 2003, when he applied with ‘theSupreme Cour Thing he source ofthe objection was cree roup, tn panay Kurngn Jory wig aly former Sx Jot ogee aurngn led an dened ac © dotoctgmon cs on mnie toe ny. Saar gun msn Ve mele ceria. A nent of he Pllc iw gti ewan among be 1971 Da temas Ath a of i sen as Woe a oni “leper an pte iy is hare” Ste bana Karp icy ney ne iran we tne ar uel (80 ih es cana oe They ced suhag a lowing pce be by to suse snd pas) as rie Mee an spt et raton uty Ksarngan moor ped tht os Tan 202 Veco fed» co na hie star aot zon pans wih he tuning woe FLO. Tae gated ge etaco wrt te ocean Today whch pared en Buny Xanga eine a plans nye ea ad ean fotnwag a se ey wee moms au fo ns tatoo igh he es te eed ly” He he mah es inf pons sod incomes” ‘en ls he ed ent Kang fr he nd abs ot con at be fone wp butts git ah ane He ele the ‘nominees ptt hate had ne bee ad siminoatey Seb oe he CS of pd a Me ce ny ebay Karn rg ggg ee tutte of nce her ns eter Prt Arye ae BC le ne ronan whe esse ie Depa Sureoth Commision on Sete fan Dit towed hate wed they rhs pene the Cet ged be me wah prs toca abel wth soc nba es ian ess foling des ce Sy ee wey Chino sen anh gl rene ht ed ta Nese pf taranc’s wee commen tno ela Tse we ‘poe cmp tec ek Aled Dent Pyle Nato kore yc Ta an Soha bat Vce Jnl it Ina eter Present Ara tent1 could have sued Selongs” Velasco sid. “What he si was totally unfounded" The ison Jc Intend sed ewapaer elitr, Mies (Cacho. or wring about him based on Bay Katara’ report. Songs, an iconic ant-Mares senator who kept an abiding Interest In the Judiciary, sd tha Valance wated to mie with him afer Bay ‘etarunga fled ts objections. But e deine. ‘Velasco poured his hear out in an eight age lef the President. He angi efuted Baty Katarungan’ allegations called th “factions nd ‘asehoods” and bemoaned tat these came om “aameletiformans.” ‘The hil ne Velisco ve forthe post one mor peso, a ome judg, Joined the hows agaist him, In early 2006, Pablo Franco rte avery tailed fon seven-page eter othe JC, epeoof ialr compat Chie tice Davide. His main hee? Vea, ss oat administer, coded ming judas Francisco resigned fom the judcay afer « coffontation with a lenge In TC Laguna involving rer bed asethat he ha died an stn over by anther Jue who altered the decison. The bromine ea that he Fete iat get fir ering fom Ves, ‘else, peeved by Francsc's complaint, sued the ex jue for Mel Eventual lke what happened in he tae with Pa, Velasco sted wth Francisco. Francisco, who beta thle le on is bate agaist Velasco, arated ‘her tmo-hour meting whic tok place inthe chambers ofthe ude earn thee cae I as jus the two of them, At the tine. Velasco was already 2 Supreme Court Justice: “He tld me his epetaton was dang (y he complain) He waned me to poogie Rut lo. He even asked me how Jong would take forme to cos-exatine hin. Ia tree hours He ld ‘methathad ben aod jade and that sold omc bck tothe judca esd might objet gain when he gts ominstd to be Chie Dosti. ARer ‘me ok, be asked the cout distaste ease Iwas sured” ‘They ended the convention by swapping Infomation on Francs and Velasco belonged to he se geeration Franco side hed no rancor fo Velo and deste hi s“enly and amiable” nat is Velasco then cou asin, who had ald ‘nto announce hs appointment the jay. They never mtb, ‘onthe phone, Velo introduced himself, calle Frac by is ice Ambo and formed him of sain, na welcoming oie, tt (0) eng Benet Franco, while milimanncre, was srong-wlled. He sid Be was ymoutetie othe Le ts his activist stance and hs clon wi ther [less For hi, he was severly reprimanded by the Supreme Cou for ondact unbecoming os ge” when heise thatthe sver bed case he ‘i ove shuld net be transfered to anther ge whom be charged ssh gave ase of iscreton.” Franca dd nb show resent te dds said and displayed lsh nae” that “embarases the amination of use. and cima pi conience ia the cours” He was as ine F12,000 for 2 "serous act tr ipeoeiey" engaging in private practice fo i ster who was overseas rile he ea ude “Te ole af ejections to Velasco went anbecded, Onis hy #2 206, Velasco miei 0 the Supreme Cour. The saling thing was thet the eltmember JBC unanimously voted for hm. Ato thatthe Cou’ ppovas eight ofthe free Jie (one set was vacant gave Ri hei ds making Btn hi second ele. ets 1 pace fo he Jose 10 pc ther ove cokes and refer thee tothe JBC wo convey a sense ofthe Cour Te JRC, however, not bund by ther preferences ‘h the Court tre to what Bantay Katrungan reported, Vasco ket is tavih end lamboyant ways, On issih bray In Awgst 2008, te trea diner party atte tony Wack- Wack gf ci with unde of cst foe timate ut tt S00, at east thee Hive bands, and loins spread offend ‘Supreme Court ste ae aot known to party this way Tel caing mis dcr ec Fncons they avid begin the company of gan Iawyers and obs, t resev for 20060 300 guess” Velasco sf o show that be had rove a smal cow But many came. And he oad was consumed ‘And tue aint what Banay Kataringae and Peta ad plated ost ‘aco contined to inersde fr iigants before the Cour of Appeals ad tomer cour The juny and Segal community ar smal nd ght Giles nee ination such 2 this spreads gully. Lawyer sid Velasco was tacos fr presuring ue” way he woud cll the justice or ge onthe phone an tent to infisence he decison.“ the jug dot ake his al Veaso went through ter ads relay his message,” one Wer vi good acest judges “About ix jugs at thereon tl court, tmsuctcopaitan alco, and Court af Appeals) shared ther experence with ‘Veta wth hcl.” In oe asta, the lawyer continue, “Velo attempted 0 fas-tack 4 simioa cae in proviral KIC. One of is aff members calle. the provincial RIC jadge to Snform bm thatthe astce wanted to tak to hin ‘When the aie refed otk o Velasco, he alle two other Jugs in he samme Hl of sce to pass on his mesa.” ‘vers years in the Judy, Iyer and judges gave Velasco the moniker “prating juice” nly, Je reo to his frequen visits hie former Iw fr en he was a Court of Appeas justi, a alleged by Pei This ce evolved to fet is penchant 1 lcervene In ase a the alin wathog, Bani Katanga complained aout othe BC ‘As Supreme Court Js, Vl parted in cass invoving lent of his omer iw fice, businessman Jose Go owner of Goesco malls and 2 propery developer The Cur asa ale that ste shold ease theses from cass iveving ens ofthe former aw fms for ten yeas “We py ol He's former i. aways iit in ese nvng ‘Gal Vea sai nonchalant. But recods dont match hs wont In 206, Velasco voted In two avon eases: one, whee Gotesco Investments an Jose Go were he sponds, ann apatber, whee Gotesco Proper was the pions It was an even ote: In one cae, which ad to do with Goto’ purchase of Clooean Cty propery beg opposed by then Mayor Rema Mona, Vessco vote in favor of Go. In the eer, eoncering Goteca Properties’ pion to rad contract with 2 Calamba real ate broker and run milion n pesos repeseating pat payment for patel of nd, Velasco voted eh the maar agaist Go, "eliaca hie the Caloocan ly case well: I ated ack to 1997 when the wis jute andenecretary At the ne Malonzo vetoed the ornance approving these of a vas propery to Goto. Go, accompanied hy ‘elec, went o Mona's idence where oth red te persuade the mayor to gee tothe sl, The ity oun eventually overrode the ve) 1D Boys CLUB “The ascent of Velasco tothe hls coat he lanl says mu about the selection and ppointment of ust nthe country. shows lack of rigor {in sereealg cada, Dept the bjetions, the Cou in nominating | ‘as court sinatra) andthe JBC didnot condet a through probe and a1 sss which of the agains wer 10 he damned and which were tobe taken seriusy. ‘Wile he JBC doen have he nsburces staf condut background Investigations fs members cn thrown network ta beck out nominees. Healy the JBC shoul a th Navoal Buea of Ivesiation bute agency ‘esaates ith wok, ‘Another weak poit-and this fe + major wis te catare in the Jar, showing bow ndsp ad nevors tramp et an nega. ‘he case of Velo hihi mindset that encourages inbreeding The JBC took the path feast estane and unquestioning pushed for an inser ‘elusc, many wold sy, tad ee people skills He was ese ary said ot ends, ad could caring As court aéminstaty. he attended JBC ecg He was prof the Sypreme Court eb. Thisexpaine the pet vote he got fom the JBC. Tokng fac, one JC member sie had no amiistratve cases, no pina When in dot, dee nhs aor” In ther word the od boy luk wa at wo ke Defensor who was che of staff of President Arroyo dig hs time, reser tthe strongest endrsement or Veco came tom the Stprme Court “Ie wis antral bac othe” esa Defensor deserted the aby opponents ese Court hs way 1s Infoal dee open campaign, the’ whispering going on and very suite movements Thee ae no wren endorsemens-I haven’ seen ay. It ppes durng an scien meting wit the Present x telephone elo poole lose othe Preset.” Ht i help immensely that Velasco was endorsed Wy Cebu ARID cao Cail Vi, relive of bis wife Vil comes fom Marina, Mrs, Loma else's ome province, andthe fies Cristo. Velasco Ise Canal Vidal as one ofS eterences when e aplied for he Supreme Cour Ake about he INC nomination, Velo se “Seme of my fends nd clasamats may have approached theses ni Crist” ‘Year ater, Vlaco wrote a ecbin in fvor ofthe INC when be pel ‘he thee-momsspesion fhe TV program, Ang Dag Dao, whos bas sed lesive langue agaist miner ofthe INC who also anchor TV rogram, Ang Tamang Dao These regs vals hd ben tech ote’ "oat for years “The mony sid with Veisen. Four Justes dissent, aig te torSueno tie apren at ison "por esti” and, therefore, loo edo oF ech, “The eretin wat hat Vltco wasting his es INC“ wa 3 ce bor decison” he damising the peeved is. Femando Hksteo, an scalemic who har suid the INC extensively, ted that he INC leadership was rab about thee reign and dst ‘want tobe defen in thelogldeae “shad to cos he, they Intolerant” This cae, therefore, was important forthe INC ‘THE GMA CONNECTION By the tne President Aroyo ws expected to step down in May 2010 she ‘oald have appointed all of the Justi on the Cour a unusu sitain In her nine years in power, Anaya appointed twenty thee Justices, not 90 far ‘fom Ferdinand aro thiy two durin is wen yeas in owe, any of them were pesomly koe ober. ther se had worked with them, o they were endorse by people close oh In er yeas noe, she dot spouted anyone based on jal philosphy-how the nominee ‘thon (in the case of uly cute) and for eae people, haw they ec ass and the guy of hi rings ‘The stoves of how Justices Arturo Brion and Eduardo Nahure ot appointed to the Court are de more benign ees On thi nm despite heir ‘quien tey would have found tite fica a joa the Court. ‘Brion, 2 farmer Cour of Appeals use, he bays waned oe on the cour wile Nach, a former congress, didnot pla ont What hese ‘women din common was a working rations wit the Present, Bron, then labor undescetay, St got atc hy Present Arey 1. Cabloet meting, The diceson wes oF Holitay economic, a way 10 stimulate the economy by encouraging dometic tuts How? By moving hays around so that hey el ear the meskes. The elertion of May 1. its decided, was ing tobe move anther te ron, who represented Laer Secretary Pats St. Tomas in the meting agued aginst “May 1 May ¥ arr the wal” he sl ‘emphatic and repeat, An he wet on bout wi oad be iil to ater workers’ groups if Labor Day weet baste ‘He it set conn, Present Amo ras her vole an splay er famos temper "When th Cabinet has spake, that” Arye soe ron The President has remembered me since then.” Bron woul say, oan to When he bc abr sera, Bion was uptont withthe President te sai he wanted t apply forthe Sopeme Court To which the Present rele, ‘No. But youl get hee” ‘Bron then sgt ou Justice Renato Coro, his asmate tthe Ateneo law school, and tol hi abou hls plan. Corona, former ci of sta of ‘Ayo when she was vie present and a fervent ally, wasted no dime In| ‘ominaing hs colleague to the JBC wat then that Brion approached the President to infor her of Corns’ mov, He sid be would not decline she ominaion-but twas going te he st tne he would ever ak to the Prsdet at his dea jo, ‘Of hs thin nomination Brion made eas ln damit fr Nachsr, a poliln withthe ing coalton, He eas nominate by the deans of various law ehols-Nachura was forme ean of the Acano Univemity Collegeof Law-an he obliged a 2 mater of outeny and ied is aplication a day before denne. He ane he JBC sors hr the Preside edt choos him. stead Ary appone him as presenti Lega coun ewes then that e started serous think about ning the Cour Beng he Presid’ legl counsel would ep, eto hse, ashes Jase eld this same pos: Antonio Capo, AdofoAzcuna, and Renato Cron But the ‘Present bd other pins fo in: be named him Slit Gener afer ony month io Malacang, “Tvs rect (oe Sogn cs da’ gated in years Nast rea Heald the Present hat he woul only acpi tempor pos Wy? Bo you want to the Supreme Cou” the Present ake him, Tat’ ler eam” be repli “ru conier you" the President assure him. [Nachar joined the Court on hs second ty ‘The cine of Justice Dante Tngn tls diferent sory, reveling dp politcal connections shoe the Present silly overture ber Cabinet's ‘tjectons using the words of a man of God or Tg, the posiiliy of jing the Cour began as ely 2 1998, when he was om his lst yen congressman Before pits, Tinga taught 2 thers of te a Cale of aw ming pate pri wih ie scalene In 4 1998 rally in Tague Ting's dst, he accompanied Amyo ‘on her ote when she was runing fo vce president." was more of «| co)gpenstance,” Tinga, who retired fs May 2005, elle Arox0 won in Tagug over her main val Edgardo Angora) “Ther convertion veerel toward Tinga’ police pars. At the de he ad decid run for mayor. “You an academe.” Aroyo tl him. "Wy sre you in pos?” To which Thga rep I would velit Ye onthe Spree Cour” Aroy then tld Tinga“ Thecome Preside put you ve yet late, om is fist nomination, Tinga got 10 the Cour. “She remembered hate si, beaming. Bu twas al that saat “ig wrote Arye of is dsr toe the Courant remind her of her promise. The eter as had-delvered bya esa, end of Tag's ‘nd the Presents. Bt some Cabinet members objected 0 Tinga because he tre poli nd was highly regarded. The Peden ode that {had oles in Malan” Tinga sl ‘This was couple of years before the Ftlout ought by the “Hel, Gar™ scandal, en Ary wast oo ems wih he Cabieet and conse their opnions. To overcome tis hur, he Fesident advised Tinga to sec ‘out ravi, Jest pest Romeo “Archi” Intra t vouh or him. Inna and Ting cane ees daring asa 2, when they mized warm bodies fr stet mares. ante was quick © respond to the lamer to remove Esp” Intengan sid. “Withost question. be sent his Taguig constuens twas a uncertain tne He tok the is” ‘The President lle ntengan abou er probin with geting Tinga tote Spent Cour Intengan hen wrote a eter nrsing Tings “I guarantced Dame, staked my reputation” Be sad, convince he man’s characte. Wie on the Cou, an perhaps unknown atengan Tag's eptaton nt improve much. Some lawyers sald that they had aces to Tings and ould ak abe rca wth i. Buby deine to be speci. Daring ‘ing’ teen ceretony, he word “neg” was ising nthe speck of Justice Antonio Carpi, when e pdm tute He elt on Ting | “reartable” fe as an “academician, proliie write, Idustions ye servant, estoy, nd jist with tender art for i ibertes and socal Jest” “Tinga, Veliso, and Justice Renato Coons emerges the gore group loyal o President Arye. Tey voted constety a 2 bon ta cases that fet her They were in favor of “people's ins” which woul ‘nove amended the Constuton and edt the extension ofthe Present tem; they were aginst decaring provision of Presidential Procamaion 1017 to suppress wolencenconstational they upd executive sere tn the case of Soiocononic Planning Seeetary Romulo Nex who refed to anor question inthe Senate on aval goverment contract; a they ed to decare the ancestral donut agrcment vet the Moro Isami Lieraon Font (MILE) moa ad academe whe te mary sald twas aconttonal. An unconsitulonl vote on the MILF agreement would ‘ave iven the opposion onal ammunlion forts impeachment charges iat Are. ‘Nachura and Bron, more recent appointees also voted for the svistation’s interests, Ty ined Coron, Tings, an Velsco inthe ncesral domain and Nes cases ad they voted co bar the Senate from poceding with Ingury n the “Hl, Gar” sandal ‘Maiano del Castl, nko was appoated 10 the Court mJy 2008, as bee the mot open about is sonal inks to the President Re wea i= is Seeve In spec atthe Ateneo Law school hs alma mate, mace an fh weck afer he oe she ood news, De Casio couldnt help but tel the Story of his meeting with the Preset “Up the Pein’: etm fom the US, lacing called nd told me dha the President wanted ose me "Notwithstanding he ate hou (2:0 pm dashed othe Palace. Aer taking to the Exetve Secretary, the Pradent sowed up and ined efor diner ‘She would rpetely tel te Executive Serta tat she had known me ‘ince 1991, Aer few dogs, she handed me copy of ry appointment aes “This was Del Casi tad. Whe he was Curt of Appeals sie he was one of Arta’ fist apoinces-e wrote a eter tthe er of The Pipe Stor etuively tanking the President for arranging & meeting eween him an a oth cuhvascle surgeon, At the tne, he a jest tndergone aptly sicesfl guile bypass peaton and needed 3 secon opinion. De Castillo got fom De. Alex Yap who ws flown 0 fom the US to chesk on Fit Gentleman Miguel Aro’ pen-heat surg, oats ofthe President. “Her singe Indie act of Kindness my momentary low i someting of eeral vale eon sonthing that highlights how admirable she She nay be mare hy sles and accusations Bees of o€| “unpopular deson and oo-bos but at we alae, shes only human prone tu makes. On the ober band, Beau she man, she showed the tue tor_meanlngof compassion o ones neighbor,” Del Cato wrt In 2007." bravely say that surely am othe nly ane who ha bee ety beet bythe personal intervention of he rset. beleve each an everyone os must have benefited, nd aes beefing fiom the President’ govemance fe county? President Anoy ears of Del Cal's contin when ls ood en, Ruben Reyes Pein Justice of the CA atthe time, mentione it when be vised the Fist Gentleman a St Luke's Hogi. Reyes was obeying to join ‘the Cor then. In an eae time, when Del Castillo was shred forthe Court of Aypealy he sublet the Palace fede of documents that consined | ‘endorsements of more than 2 dren poltcians a, more significant, old Photographs o ims with then Senator Gloria Meepugal Anoy ata soi vent These mementcs were sre fa remind the President of ir Ati sennecton. el Casto was nots cidalen oF proviacemate COMA barely knows 1g he wrote in ls open ete, te and is wie,» former dca of the ‘Ateneo Law School, sci testo the Prsdrt Het sn, ey, was at the Ateneo Law School when Cyathia Roxas del Cstlo was dean. On he fonet-ay-prayer for thie auger, who pasted aay the resent ws special guest ooking back, Del Calo st fm an interview i 2007 dha he was “overvhelned by satin” Would he vote in favor of th ppolating owe? 's human nature t be gate But once apie, the umbicl cont shoul be ct At thee afte day, i's enlightened ronslence” ‘el Cast voted wth the maj in favor af government in wo ces nein favor of ration pol sumtin forthe 2010 lesions a the aber converting age back of common shares in San Miguel Conporation| ing cmed by coconut farmer to prfemed shares, which strengthened the control of Fano Cojangeo ver SMC. REYES AND ONG. AC the tie of Tings appoimment, the President sil enjoyed a sone folowing. One influent vee for Taga was eaough o ea her ho, ater. as things unavele and a abe ough free survival she compromised ‘the apotnment proces A pattem emered: namlnes to he Cour needed ‘tw have mor than one endarse- To pleas er powefl supporters thse she “1 aang Cot ced sity on as Present, sb tenet al ofthe. She needed plurality of reference” lntengan sid veering to the ost-Garl years Nomines, Mike Defensor pointe et, came with “mate dorset “Ais the per brokers hive ‘pat fom politicians Malaatang ofc, and preside elves 1H Shad's Brother Mike Velarde andthe nein isto expanded het infence nthe ata They represented vores rom big weiious groups tod heiinprtance sew against the backdrop of President Arroyo's survival pels. Once tr ecommendees were in place, thst lis lenders Nad ‘assurance ht ter nest would Be protected by the Court “The autonomy ofthe chard om the tate slowly vanished In 3 maton vith a dominant Chin popsation and secular Consitation,quesons| those over where to daw the ine bees church td sate ‘Or a ore personal lve resent Aroyo lene 0 Cardval Vida, ‘who also dipped his fnger Into cal appolntnents. Vl lke t0 be In nent cls, a fndriser who was brows fo ask businessmen for 500,00 in donstions fr his oust ‘Apart fom backing, Velase, he areisop Tobied for Artemio gain to beome Chi ast and ete Supreme Cour Juste Reino Hermosa shen eighty to, 10 be rapeinte the BC his fourth er Hemesisina wos be its longest-serving member. He and Cardinal Vial ‘vee fom Cebu The ING or sp, ooks out ae ts bss, mainly the New Er Univesity and afte, and seks to protect is religous tar. Tus they need ails in goverment. “There more Interested in economic power” CanlanedFerando Hetero an authority on the INC. “They use pli ower-their voting bloc-o But people in goverment withthe gal of eeping the econo power” atime of INC members vary, fom 800000 toa milion. The INC acs ease gues on its member 2007, dstice Raber Reyes wat backed bythe gen Cato and 1 Shadst eal Mike Vela. Apart from these religious personas, the regarded Preiing Justice ofthe Cour of Appeals east Hs net wie “Trout his stint as head of the appelte court he had approached persons of influence, anyone who be tough could hep him get to the ep He (i sty doppng hy Malaatang and eter ofcs, unannounced, and tsSeen 00 Pg Spe showing up sock event He wa nominated sixties he Cot and as rene in ning patrons A Protestant, Reyes ated H Sha ergs and even shared the stage with Vela [A one point he met wih Ft Gesteman Miguel “MIR” Arye over unc at the Hyatt hotel He mae town tht he was interested in tng tothe Court He ayed on the Court fra rie prod, only en months, nd 4 thowsand undecded cses when he rete Mon hn that, be tase ‘he Court's reputation when be was found to have lek an unpromugated econ on a contentious election ease, The Cour. ina unprecedented ‘move, barred in from law practi and publ oie, pa from fing Him 500.000, the Ianest-ever mount abe sapped ona sie. Uke Velasco, Reyes putation was murky cvenbefore eine th Cou Among lawyer nd sts Reyes wis hnown to be mad, a commonly sed tem in eal cis, refering to a jae’ or ste’ eh to ase ‘connections o get pomoed Another variation maging 3 akon which ‘ems ep at paling sings ‘iets ater he mas appointed 1 the Cour, Reyes sl he “deserved ctng” whe sel bout the endorsement seve fom the IN and ‘Vela. Aout Vela, esi, ato bee be endorsed ne” When itcame wo quality of work, Reyes not std Ot From 1986 to 2006, numberof Reye's deesos were reversed by the Supreme Cu ‘tiny percent evel rate a ve evens an en afmations, Oe Court rominee. a the tine, acd mich beer han Reyes, with two candies never having been eve by the Court. Outside ois declsons, Reye's stint as CA Presi Js ws marred by corres: is auger was appt deputy clerk of out ete was no ote applica, id Reese led he parce of ne cfr isle and some ofthe Justis (he mony, eld cae frm the sae of the C's ‘ol vehi and the grocery allowance af emplayes was ther delayed or slashed. was net lear to the employes i Reyes wed the fds meant for ‘hr allewance to bythe cars Al hese died down eventually ba thee inierts showed seated ge In Reyes ees ett este na bse elation with he rank sd fle, Wen Regs was shortlisted by JBC for te Cour. another cand, SandgarbayanJsce Gregory Ong looted ori, Js ie Reyes, be 001 sn fete gees ye gt i i apie te Cot etm mcd ot be» Se a aplenty crv negates et ar ts a or Fi, never crf ington al etn eae nd outs owen ret hve wh ae i wate. ret Corn Ain spol i ian psec I Mana to 900 tnter e fames wns ew re be Tn Fo i sok sen Pent En noo eset sce Bt, ay wa ri pte Se Satna On me Sn en ite 207 hat Jy sow sain ens Heeb mae twas webu ‘ippanonca at sn le ener, Ong ha ‘rss ad en “ly eve ye JBC wich note in ‘eta pein When Sedgay eaten wed on My comets te en esr fre Spee Coe a on of thee sey bln be eat lal ots as On ne Arye disregard ba ves dnoat af te Prats bor, Dias “ay” Mega Sethe fm toe o Margene are a Tah sds pte isi othe Speme Gor on in cs he Snigebayan Tenn eb the inch he power en ential cg Tn, Og she 207 eT ay ces en Tighe nt poses wh yb nace pel Feta bt threo ole eel nose ly ings hha send inno or prowl capes” ce trys eee waives the ein ah adi poner of Iie ard the hey pita xe of Presets Sepomment The Paces Og trl ase Ano Co ‘Tom yeoman Praetorian Su enter hf aces nena nul patent thet Comma a aly ef Ayo, ald ack” an rl he sued thoton to dct wih Capa, who was force his arguments: Ong who can aggresive, “ha the ts Yo go aes Cri.” However, Sey Were not net equa ‘he Palace was not just after numbers on the Cs they ato wanted a ingle But the Ofc of the President, nan unprecedented move, had to revoke an apointnent to the Supreme Cour “Cl Malacatang’ recall of utc Ong’ appointment neste hat the JBC ha fled 1 dos Job and poet a ows screening process” ‘Vincent Laan of Sopeme Court Appoltmens Watch ar SCAW sid is May 207. The JBC anton waste sabia seeened ani prequlifie shor-tst to Malacatang” 1 was bis think nena tthe Cour and not 3 fw were supe eke hemi inching farmer Present Joseph Eda, who appoint (ng tothe Sandigantayen, When Informed of Ones appointment 10 the Sree Court in May 2007, rads,“ surprise. There ar jst ‘more sel tha im.” For snmeone not Keown to be Iga mina, Ong rst fst, fom resigng ge of the Regina Tl Court (KIC) in Pasi to associate justice adler vision halen the Sandgankayan ina span of four years. Others spend at eas five yeas the REC eore movie up-and lye say even ‘his eid consiered shor. ‘Anion th SC Jats, ota single oe voted for Ong, nat even two of his former professors tthe San Bes Callege,Nachure and Rome Calo, Se ‘As a prac, the aces cast hr vate Sn befor the JBC ds, bat ony for ine seeking to become par of hr cc “To the consternation ofthe Jase the President pled Ong, who vw the boom of he st Thy were nan Ba meting when Ons tpointment was announce. Some ofthe Justices decided to probe into ‘Ong’ recora-and dcovered s Hai Maw. They kd the bar confant to ling all f Ong’ documents when be appli 1 ke the bar and ate is lawyers oath-an is it ceria was par ofthe tack of papers. The cuneate that Ong was not a natral-bm cen, eonsttuonal reiement fr anyone to ton the Supreme Cour 2s well 25 the lower court, ncudng the Saniiganbayan, Late, ng contested thin the ous and won Bice. The Pasig eon ‘cal cour recmgnize him a 2 nataral-bora Fpino, a decison which he ‘Cour of Appeals phe in September 2003. tt ge at ke Reyes ag had alo been revesed bythe Cour naan ead ‘een atte rciving end ofthe Supreme Cours admonitions "The Court once ened hi fo nb hms fo the grat ass agaist Imes Marcos case of allgitions tat had cast doubt os imparaliy. (ng uttered remats which showed predieston osm the rina ‘eral that iso crd favor respengent imelda Maco” Tn decison pened by Justice AdofoAzcuna im May 206, the Cur amos Ong “Judges should avoid na st iprorey in hr conduct at even the mere appearance of improre).I esetal that Judes te above suspicions and thatthe people continue to tis In the fires and parti of our masa, parca in ses abs with Far reaching coaequenes” ‘When itcame academic pcformance, On’ eon wa from st “tite in aw school at Sa Be, he fie the subject on emia procere— hich covered us on criminal casts-with a grade of sty nine. He ook i up na summer course asa cos-entole at the Universty of Mana and passed Tn an interview withthe JBC at nomlne othe Court he was ake what his ld of specialization ws, and he eld, “rina ese” Wiebe sna inthe Pasig TC, inde, ec on rnin eases othe etriment Df ell cases» number of whick be let undecided when he moved to he Sndiganbayan. This oud hi problem when the Court then wit is Inka selary becuse of i Balog in Pasig awyers rematted ow ironic was that Ong with his poor showing tn criminal procedure in lw school, evenly Hecame a prosecutor and 8 justice In the Saniganbaan, court that es criminal cass I Had now how much weit the JBC pve all se fats when it shored (nt forthe Supreme Cou. The JBC dint we plat sstem in eating But those who knew Oa ls nocd is tre wok ethic and how be Imposed dsiptn in the sour. He once ined hl thousand pesos when hs el pone rng ithe mil of eout procedings~a vilaton of his own rae not to distr cour sesions. ‘ns sald in an eae nerve tat there were myers and pats ho not le him Because he was “vel tt” and could be “lant” ‘xpesing hi ves ber‘VILLARAMA AND VILLARUZ Jot he in eases of Reyes adn show how to get ahead in te jor, the pli of Cour of Appa Jc Martin Vilma end Sundgundayan sie Fano Vilaraz sow the fat ofthe polly unconnected how ‘one's fous ean change a the fe weld f pes. Both carer Jase, they were repeated shr-lsted for the Cou ‘anu, a lest st ces and Vila, nine. The two eter received shanimous or mos of he votes he eight member JBC ad wre always among the tp tre choles, Among the Supreme Caurt ses, who do tbl ‘ona pol, Vara and Vilar have been constant choices Viana was best known fr being part of the Sandiganayan special sion that convicted deposed President Joseph Eta of punter ‘Vilar, for hi pat, was haowe fr hls econ neuding Rep ery Spun a 3 respondent fa co-conspirator inthe death of Basan Rep ‘aa Abbr fom aonb bast nthe House of Representatives; making he ‘owner and op executives of propery development company criminal Tbe forthe lands tit engl thi sbavsion se ed ty ght people: se ung sult agence to double throw depot which wold ‘td to py the claims of meres woke als ering agence. ‘llrrn was the thin most enor onthe apes court but 2 much moe janie tic, Lass erm, printed the Cour in Api 208, way hed of him In 200, Beran was ranked sixteenth on the CA whi had sexy nln uses Tenamin ejoyed the backing af Justice Diostado Peralta, who was points to the Cour in Jamsry 2009. They were lose ends, having non cch ote sinc the at 1980s when oth wer ge in the Quezon ity mona ti cour. Their chamber tod bse each other and they were at ofthe o-cale “Glin Cah” becase they pres over spel urs fr benous crimes and meted out the death penal. was Berean ‘eho nominated Pert the Court. When i as Besa’ rut apply, Pela watched hls publi interview and cheered him on he inks of Perla athe Present went log way bck. Hs father, Judge Evo Pera, was clos fiend of former Frignt Disdaco| Macapagal sce Pra was named afer the late Preset Peri liked o bein the food sacs of Mlacaang.Dutag Present Arroyo's inaugurtn n Cebu in 200, he a egton of jes sec ‘Apart fom this pied ink to the Palace, Pera sucess ingatited tinsel with Cae de Loon and Ends Macopagal Bost, both lawyer sd special asians to the President While tle was known about the foul, they tended to eda appotatmens, doing the papernor sod making commendations the President. Finda, who aloe the tle of "onfidentl secretary.” was oun ot the Prsdent; ber mother was the ster of former President Diowado ‘Macapagal She waste rset ion tothe judy. Forme, she was ‘omneted wth the Cena Bank ‘Before he washed by Malacanang, Carlos was 3a prosecutor athe ost department while Prat was Fal a Man Cars ater work in the Supreme Court as asistnt court smintatr, He was also board rember af the PlppineNatonl Oi Company. He usta met wth judas tnd tes who were noines ocean poss 1 sss the. 1m 208, the couple enred then Satiganbayan Justice Peat to the ‘ombudsman post to replce Sino Marea, Their et lst © Mercia: Gute ‘Many years ago, the de ons celebrated the deb of thelr aught ina oe alroom, What mae th party extragriary were the tends, ch Inctied Supreme Coun, Court of Appeal and Sandiganbayan Jusee and rominnt lawyers "vas Peralta wh boat Bersamin noe fl. “They are my ens Besant ofthe de Lens. Pera joined the de Lens in informalyveting asians co the cous hen he wa af the Sandan. At tines Peralta met with judges pring fo the Cour of Appel and Sandgarbayan in coffe shops ar resnras. ‘Thin was cleat ot ofthe ofa slction proces butt showed that Pra ws powerroter of ons When ashe about his informal veting, Pera sid in an trie in tate 2008 ha tey “eae to me fre to eek my vice" Why would hey that “im amiable es Thave many ends” ‘One of his fiends happened o be Enrique Rly” Rezo, an tsMuental ony of Presiden Arroyo, Wile he wa ll new onthe Cou Pert was owe to have met with snesmn-whe was lobbying on behalf of & Tigant in a mibing case-andRazon Inthe laters fe. The meeting ws gpreatlyaranged by Razon ‘Pea wl be on the Cet for a very long tine (tareenyears}-he wll osStow fs tine Sapna ree in 2022-and woud ols most of the caren Jase terms. Unlike Pes, Vilma and Viz dda have fends tn the rit Paces Villrma recalled tht when President Fidel Ramos apoited him to the CA, they had never even met. oneal, ane of tose who endorsed Vulerama to hs amet pst was Glova Macapagal Aroyo wha tat ne, as renin for vie president Head not met Ayo, bats tant lative, Wile Vitrama who was then a lose Aroyo lly, werk ou. Wile Vilar came presidental iver drag the cay year of Arroyo. Bat Wile oan fll ost of favor in the Pale snake. The elationsp of Wile the Justice hampered tele’ chances. “You can't change history," Janice Viarama would aes “Nowadays you need more than one backer” he ade “Te approached ‘Cabinet neiber and was informed that ceded more push, mot supp. He lis elaborate” At he ne, Peralta was the Ronan the race ‘iliarama was bypassed so many ines thatthe anxiety about making ie to he JBC sts wel tthe exctemet of being short-listed soon dapper se tobe very nervous wating for the JBC Tt" he amit But something changed. A conuence of factors worked In Vilrama's favor The new practice af the JBC, iting the names om the shor ist 1 hrs and the Fact tnt they wee al fom the Coit of APPR, Have the President a maw doe. The President eporely considered senior ths ime Viarama was, by fhe mos senior Che was third am he CA roster while the wo cher names were dhe fourteenth and Reeth) abs, leas hard to ignore is pein presence on the shat iss Aer trey of wating is tum-on his ith nomination-Vilarama Analy made tn Novenbe 2003, “Last supe” Viarama si. Tl be ig ay that it Took for connecon to the Flace. Friend continu push forme. usice Peralta qld me. But there was at ne single actor spon forty sucess thi ine Kwa a converse” ‘ilar, fre par has known by eat al the names of the spans who hve best him. More recemy, Pra, who was his junor inthe Sandiganbayan, raced past him. At 0k only one nomination for Peta to geto the Coun, end Peralta were inthe Seniganbayan speci vison that convicted President Joseph Estade of plunder. Ther colleague, Teresa de Casto, who hr that vison joined the Corin Decerber 2007 ee “Lose JBC member wy he it vote form” Vir elated in is cep fl voice. “Tony ot forthe seal" came he ep: Te wast suprise “Te thinking of sme JBC members the votes 20 to waste if they don't yte fr wanes” Willan said, noting that inate oul We ha of who Malang wasted appointed from President Arayo's “lies on the Counc of alls om Palace underlings, hy ves te stating wo dwindle” Vara hed ‘ilar’ case actly involves reversal of frtne. He was Present Amoyos fist appointee tthe antral cou. He was then decir at he ‘Secures an Exeange Commission "tthe tine t was resent ea counsel Avting "Nonong™ Cruz who was ebievetngofcer forthe Jury. Cra, who came frm the Cerio Vira Caz (VC) law offices, ws at of the nt core of Araya. “Tot cal fom Nonong, that {woud be interviewed In Malang, se was sometine after the intervie hen met Pancho (F. Arthur Vara Cuts parte)” Villu recalled “The impression since ten was that was The Pln-sbontund forthe eve lois and ako fom John Grisham's novel-that was behind Valen’ apoinent. Thing tamed biter between Aroyo and The Fim after acres ofr the mos vile of which was Carpi’ tong ‘wored decison ago people's inttv, in which Arroyo ae er ales ‘waned i amend the Catuton o extend their terms in of; Crowe {oe The Fim’ leader. at some point, the ality of Joining the Court seemed ease for Vilar, An emisary of Predent Anoyo had tol him when he was fon the special cour that was tying Estrada that he wold eventually be seine ‘Apa rom Mis is toh Fm, Vara heard other esos fr Bi bing tozen in Sandiganbayan, al of them conneting him to es ofthe Prsidet A senior Supreme Cour ce ol hn, he si that he was 3 “vit of demolition jb Big SHIFT Before mata thee ws amen Aeret way of choosing and {sees They passed through Congres Commision on Appointments (CA 1 proces that was ite ope sch that the lokying and uring of fos ‘cael twas not ncommon ose judges ming around congresses conand senators’ ofces. Themen and women ofthe bench went through pubic eating before thir appointmens could e confi, bt he al decsion- raking was ated morn policl connections tan performance, “Te wnble wth te CA before marta aw, wa the reeds labtying ‘This contbutd tothe imposton of marta av. Is no secret tat money lave peat ole in he CA." forme Senator Salonga abr. "The miliry | as a0 ded wi the CA that they’ came ut in il support of mara haw Wen democracy retuned in 1986, bad memaves of ose pits and subservient Marcos apoites in the judy ding maa yer ee Iu o cms. They haute thse who ded the new Continent vant complete departure rom the pst. Over four mont in 1986, forty ‘ght members deliberated on ths histori document ‘The juan commince of he commission, tisk by President Corazon | Aquino owt new Consttiton, was empl abut te ned oe the bint branch of goverment Independent. Thr icsions were inextricably linked ote comsive eet oF Marcas on the ay Sue even wanted to takeaway the power a appt ads fom the ‘rsdn, os Cole, 2 former Court of Areas Js, ged in on of ‘he Commitee meetings hat it be rans the Supreme Cou “to make the hse ofthe apoliing power of he Present inoperative in the ae” ad set" ese cant ef pling oes ang ters cautioned about beng stuck in an ant-Mareos hysteria, “We Kel tate shoul do eveything t sve a repcton of the past ane Floren Rega, dean ofthe San Bea Collage of Law-"Ar we ot ing carl aay nya ye of emotionalism?” (Regalo was liter appt the Cour) iano Romolo, cororate les; bought pth fn of cou hat ould sren asp to the ud. Romo ws ip by the ual ‘une the US thar sued problems ofthe jay in varios sates He | Inproveson te concept. My contin wasto make te coun ommend sponte to the Judi” he sid in an interview. Former Supreme Cour hit Jatice Roberto Concepcion, who chaied the commits, gave his fall, suport thee. + Tht mor innovaon was the introduction ofthe Judi and Bar Counc The fen juicy commie members approved of the new selection and appointment proces. | on “We have ty someting fern, something radical base the past bas nt work” Roma ld then dag ane of he Nor dete, hen te {JRC wa presene othe rs of the commision Bt former Senator Fancico “Sac” Rodrigo argued sony galt ‘Rodrig was senate inthe 19505 1960s, and was oe of hose Who oops ‘Marcos For him, the pastefore marl la was iposed-worked wel was ‘nyc pst that he remembered wl “our expericce unde the 1935 Coston roaring appoininents 1 ‘he Jy bythe President with te onmaton of the Commision on Appoints was very sisficton,” he a with evar “Te apoinment, special fo che Supreme Cur ai to the Cut of Appeals, wee Bh lass om so hte athe hh, the mast espe fo teary Beire ‘he declaration of marl le, we ede the Sapreme Court with ame and pet So why shoud we change his now, merely bess of what happened luring marl aw ‘Concepcion was staunch bis ens ofthe JBC. He was Chie usice turing tect yeas of mart iw and ent gains Mares when be zene in the aifiaton cases that upheld the 1873 Cosiuon. This Constaton sid by so-called people's asses in a show of hans He sail tat the JBC wax an “nnvaton made in sponse to the pai lamorin vor oflnnating polis in he appointment of judges The gene onenss among varow suthore onthe cary wh appeared foe de omni, Cansgcon si was that “he major pole of the uty i abil ekeferesce” He sessed tat the oly purse in proposing nove secon process wi “a timinate part pots” Afr eight days of plenary acsions, he JBC cameo be. Asn t the jin, fom then on weet go though dierent wringer wot apply eth he BC wine ees woul ei who were fit fer the 2.200 poston nthe jcc. The seein procs would ince ‘nean-oe rvs the lower ou plc a publ panel intervie forthe Supe Curt, the Saniganayan andthe Court of Appeals ‘The Counc compen of cght member four of whom are repar rember spine hy the President Esc has te of four ears-bit hey ‘an serve ulinited ems ube eappmentby the Pee Tes our rember=ho represent te Supreme Cour, the pve sector, ame, and the Inte Bar ofthe Plpins-nas though he CA for contmation of thee appoinmens tioSon ota ge Suen et “Thee four ments ne the Supreme Coat Chie ste wh eas representatives of Congas (on om the Hae nd the athe om the Sent), adhe sie seta AS of December 2009, the JBC regular members were: Justice Rena Hennessina Jr. on hs threes year onthe 80 3: Condo Cis fon his second em Amado Dimsyg on hi wel year, an use Aurora Lagan (Gin em) Herma repent he etd Jus of he Spree Cour (oso the BP Dimayga he egal cen, ad Lagan, the peat scr (Ce iste Renato Pano beaded tice Secretary Ages Deana replaced Ral Gonzales in June 2008: Rep: Matis Defensor and Sen. Fanci "Chia Eseadero represented the House andthe Seat, reset In Rom’ gil props thee were no erste roe Congres and rind Supreme Court tos tend he sues abo al ther in. ‘uth was moti ‘he JBC, many conde, «ch beter nation han the Comision on Appointments But can pots rel be et ou of the proces? “The Constonal Commision meme thous they had ilk the ny rom piel eee “We were ave i hse das tiking] Hat we cal mint patian pales” sald Romulo in an tntevew, more than éweny years afer they onesie the JBC "We were filo ght pita the ine that is 1 woul | change everthing” But 2H i polis inhabits the confimaton proces of JBC members eis ty tae mbes who wat to keep ht posts wl ot dips the suing over, apr fom plicasin the CA. Hermosa, a veteran a ‘he BC, smite a they ate sujet crain press" fom the CA erg to memes haere end ol eatves “Wemake no promises” ‘esi but most of he ine, we noma them ease ey always call | Senor Rod's insight was ominos He counted the ways whereby he Counc, more tha he CA, wuld al “ue te infarc ofthe Present” + Four appoints ould be teppointe when thr tes ended; therefore “they wold Kowtow the Present.” +A th meme, the justice secretary, was an alter ego of the cer + Another member who repented the lglature would come from the “contain pry tit belongs to the President and ‘therefor, ao une the atuence ofthe President” +The Chet sce ofthe Supreme Cour as an appt of the Present who, according to Rechige, would “be intend anya by the President” 1 vsocey watchdog, the Supreme Court Appoiaments Watch (SCAM, later proposed single ems for regular members to reduce pol manipulation, ‘With the luminton of hindsight, Romulo agreed with SCAW and sought stronger veting by having a cach staff hat would thoouhy ‘heck eon of Judges for promotion, tapping goverment axencies such ts the Bureau of ternal Revene ad the National Bureau of vestigation For bnckground chek, posting records of womlnes on the JBC website and helding public hearings whee opposes could present ther ase laa ftom public interviews. The JBC webse announces vacancies, interview sheds, nd pico forvarous posts But doesn't ost he econ of slca. ‘The realy i bomever, tat the JBC acs’ have the resaurces for earch taf ond the NBs sted hin, unable as the JBC. More than half of the JHC 2009 badge of PAS milion (he highs gu In nie yea) went 1 sre lee. H had zee finds fr books and nfomaton ‘echlog. GOING THROUGH THE CA Mints ofthe Commision on Applntmens? commie an jute and JBC meetings fom 2001 ¥0 2008 showed relavely uneven confimation earings JC embers Most ofthe ela members passed the CA ke 3 rece Te appeared that only one regular member, Amado Dimayura, was sen a tough tne, pata by Sen, Juan Ponce Eni. A former dea ofthe Univers’ of St. Tamas fcaly of eb law, Dima, ding his ‘confirmation eating talked about, arong ther things, che" Calfornia method of selecing applicants wh are chosen by pes an eto allaing afer, seven years” He considered sdoptng sina stem of nomination here ‘dade hat “candies a Calomia ae so nominated ya coun and onSoon fot big ese Cnet consequent appointed bythe governor though they arent conned by the stat legis” i then calleged Dinayugatshow how te Cloria system could ‘ure the ills ofthe Pippin jl selecon procs 0 which inayuga reli hit was ust stat might nose al problems Enel rue that copion persed in he judy even under the JBC. The exchange eocen the two went ul Eni "moved to defer the confirmation” of| inayat. The comme then met fn caucus dug which Ene eventual tire hs reservations shou Dima. Te later was confined ‘Sex Pal Laesn, who used 1 char he Commision on Appointments commie that screens IBC appointees i a rmathable job of background ‘heck, ch JBC nominee had a “Profile and Investig Repo.” sort of dose, whish scanned At oF her peronal and profesional if. The Information iced records checks fom the NBL, Ombudsman, and the [urea ofIncemal Revenue; Might from the satements of ac ‘inbtities and net wor: ay writen opposition; and notes ante cand’ ‘atthe por dn say, howsve, Was How the JBC member up for reeppoiniment performed on the Counc, whether be of she observed sit ‘thi bebavior. ed ve brad information =" derogatory information = wt topped tee, Sell, te report give reader glimpse Into the ptson, with deals that mide fr itersting reading, Fr instance, Lagan, the newest Counc member, tured ou tobe an envlet ook” who spent pro er partie tending ter gen, Hermosa was decid san avd tei fon" who wa force a ‘ot playing ie Svante sort flowing a dloatel ould be repeal ‘als afer bad fl tthe tp ofthe Supreme Cur.” “othose who ne hm, Hermosa was sociable and accesible pon, bu thi wasn cptred much nthe report Me was aces tt be wuld openly met nhs offe with Judges who were wp for promotion or ans, |Acone bithday par, be nied asians othe Supreme Cour, givin them | ‘oppo to cozy up tthe JBC members who were atthe dant The pops ofall was apparent ot on Hermon The CA porn ist noted amon othe at he wed oe ecg {oc hs ay blr ba od ety younger with is “new de at” He ad unl eng Mecnet -yasson for goad food ad ine dining is basineses rete hiss Casto vs pr-owne of vaio resturants. "He wed osmake a pack of gate ‘ay but repel dcied to sop en yas ag for ath reasons. He was 2 {TV commer dl ding the 18605” the report stated fuer. oral that deta the report miso oto Casto reformist tak ‘nas Cao, who wet Be in pate practice who pu or en voting ‘nce a clandestine practice onthe JEC He proposed this on his second tem, ser wating months for Ms eappoatent ‘Caso ha pack pbs ofc en and was unsure of tuning tothe 4 beens of i ssiction wih Ta is that had become cra of President Arroyo nis Younger yeas head worked for Capo Viarzs| (Gaz er EVE once ardent apport of Aztoyo and known then 2 the most ower aw frm inthe country. To his supe, Malacafang ve in the seen ight stay on ‘With a srr foting Castro tare to chip away a he sce inthe ‘Coun «eter fo BC member, ese th ned for account, ‘saying tat hi process should wisn the srutiny of the publ” emexsima argued forthe stats qo: be was the mst vocal n obeting tothe open yore nhs ter othe JB, he ce the secret voting ofthe Pope and voting in ecto ng pacts tater. "The secret alla fd the reasons fr its inpostion hive exsted ince te immer” he gud “To be naked satay obscene” “he ol one ot accountability and uansparency won. On is twenty fs ear, the BC bred ld prac, il avay with the crt alta As for te cogeaan Dimay, aber JBC veteran the CA report ered hat beens in rik walking 5 part fis phys regime." The "eporthomever, led ont his pst on te JBC specials avecacy ‘of survey of nominees among peers-juls, posers, lawyers cers of ‘cout-to d the Coun in making Is hoes. The survey, wth Weiter tf espondent cone. was plete in 2009 in Mana The respondents were asked fo rate varios fet of the adds maly competence, pone ‘hls honey, ese fies and nds. The JBC was encourage by the ‘el and appre th surveys promie aa eve ordering ‘sean neg. ‘Wie 2 few members ofthe JBC have been knoe to be the Vokes of alacatiang. te Coun Whol, has tre to ee sindepedence es taSten at Pig erent 2 et nly 2009 when Execute Secretary Ean Emita reared the at Of i nominee fo to vacances on he Cou, tng fr moe ames. The BC so is ron and so Yo Malang. Yer bck, the Palace dd he same thing, bt for the sndgunbayan hort, The JBC ai ot ge Te became practice in 209 fr the JBC to limi shoes to thee candidates for cach post, giving the Present ess late. also meant hat they ba exercise more dscipine In aking ther selects the st thie sortie were’ relly suck: theyrcommende as may & ve ‘adds to each vaca, deleting the parpos fight cent Batter baving taken ses forwardin voting openly conducting ure, and protecing independence, he Cou bckecked ad serapped its age le nthe pst, ousers who wanted oon he Supreme Cour could not elder than sey fies the could seve ful ve yeas before et | seventy Tere was enon fr his i beste to aus othe Court and | ope withthe avy vole of work; cch Sites wit out 500 Cases year, And the Supreme Court sree to ded cases in two Yea or ce urs, the age equrmet i sty eh Mey have to seve on the Cour ea est one- anda years: But experience shows that thse nko stayed for 3 very sor Hime le age bacog af cass when they ‘etre “hase net tay lag because you dont care what happens iF you str fr 3 shor time,” Jasice Carpio si ina iterview “if you sty on. you fea responsible” ‘When Rdolio Robe, = ral esate Musnssinn, fst applied for the ‘Supreme Cour, he was 8 fr months pst sy ve. The JBC stack 0s ae an id not comer hi pian. Roles wes persistent; he obi eit ‘he Ct change is ol, ring hat he Costin dd ot presebe such ge lint In lees othe JBC, Robles ted the consitutnal provision which rscries the requirments for Sopreme Cour! members: “natual-borm ‘hizen. a east fnty years of ge and st have een fr fees years oF me jude af a ower out or eng inthe pat fav” “nag Beas, ane ofthe fats of the 1987 Const, came 1 Rober defense He rot his alum in the Iga "Consider, hee, that he onsaton] age euiement of Supreme Cour uses that they must nol be more than seventy years od, Moreover unlike nthe case of isties and ud flower coum, nat even Conges allowed ted to ona the constuionally enumerated qualiteations, I would sem tome chat by noting re which satomataly excludes 8 non-caerpeson wh i ‘Sey ive year ra carer son nthe aiclary whos sity ah ears (the BC has efectively amended the Contato. We know that he JBC as mo autor to do that” "The re became conrovesia. We were forced to revit i Castro “Te JBC was swayed and let he ager Butte ps shows that inte ‘ime onthe Court meses undece cass~and may, josie did FROM SECRECY TO TRANSPARENCY Foralits faults the JBC hs ben sense to pole pressure for transpareny. From a proces completely hides fom the pubic the JBC has opened Kw tymaking its pane interviews with noines othe higher couple. na room nthe Supreme Court bling spans fce the Chi stce and the ‘tof the Coan and answer quests that at ines, are sharp-cfel ‘The intervie are nstuctv, elf astm on how the men and women of the jury and tier nvyerthik For the uence, cane he watching competion-for bras, not brawn and beauty Tully was Chief tice Puna who ated the sharpest questions. He pummel the canada, sparen peeved at th aud. In May 2008 be erated a Ahan the eon of iknow college flaw ere flere in snowing questions on ua psy. cant make heads otal of your oso” Pano rena, ie profesor ling stent ft Temas reveal afers series of questions by Puno, hat the Univesity of Peetu He Law School, which Albano headed isl needed ep 1 ha 2 total of ity students whic, Albano smite, dd not make for 2 ancl she schoo Of the five who took recent bar xan forthe Fisting, thre ase none of the elt eens, “De you commend lng your shan?” Puno asked liching hashed Inher om the audience Inhat same session, Puno poke Sndiganbayan Justice Jose Hemandee on ischss sanding andotherecatonal and proesonal details Hemander teas unavare of bis akin his UP law lass and nee he remember is general average It sufced drng the iatervtew that be Rad not been | bled in any aw Jou and had nat ven any law lecture, “You ave stot activity Puno remarked wmSten tae ati eure Coat Puno showed impatience, bis forehead wesc, a8 he asked more questions of Hemender + Wat the mast sigicant case you kane? + Dit you uy any meme case? +16 here anching ca-saking in reviewing consrction ‘oats? ers tore joing he uc, work in Mie fsx consrution firm) +s the Supreme Court potey- mater? He and Hemander disagreed on te last question. Hema sow the Cour as a pointer whenever nerpeed the Constion boats “it st pl of ation for goverment.” For Pano, plicy was mad in the Constiiion which che people raed so “policy Is made by the pop. Plc i pls question, ‘yond the jriseion fa jade” ‘The Che Justice ased a ange of piercing and acre questions fom ‘oporterehaiiation labor and and sus, Pano, in 3 eoiing tone, ‘cond his exchange wih Hemander: You dan come here with ban age” Mest ofthe JBC meters ha ther own comfort zones dung the Interviews The most junior member a oF 2008, Aas Lan, would always be the fist oak queston. She would daly pore over the personal ta Sect PDS) ofthe cals, a unforreuiement hat ices 8 ve of Information om eacational history to pending case gaat he span any: Lagman’s tone woul be untretening, her vice measure ad aim “1 crs-examine them on thei PD." Lagman. former apple cour tis alin aint, Tm abled eye quai rn imayupa waste pote sing laos quesons abt th Court roe nse, engaging the apa in Ite de Herasina Wed 2 ‘ace the perenne death pny and erent eal se ‘Oe, Casto, with earns demeanor, woul as candsts aout heir eas over the judy, ceeding rot hs premise thee can be n> ‘conomi roth uals the country as 3 rong ad independent judy. ‘Te member repesenting Cress rarely tended these interviews, te ‘Unforuately, the Cosmet id exesively go int 2's decisions ele fore the core of Ms oF her work appear thst the JBC members| ree not upped fr thisthey dnt have a esearch staff-as it equ Teviewing major decison, Thee ate tgely Important as hey ref che ‘solants mind and hs or er quale a judge. IMPROVING THE JBC ‘Apart fom instittng a pola system, wing Court reversal of decisions 5 ‘eerie, and imposing soe temas on regular member ofthe JBC ther legal exents ve brought up ea to improve the proces. Former Chic Jaice Aento Panganiban suggested that to strengthen ‘ne “anipalit shld of he jer." the JBC embers hou be evenly appointed by the varios insations. I Ms propos the Supreme Court ‘Shonldsppoln te tre regular embers whe te President wl appoint the Prac secormpesentatve Thus the Present wl have to epresentatives Congas wil ave two and th Supreme Court fo “inthis ways the nominain process wile Farther depoltcized and ia independence eter sre” Pangan wrote in he ger, ‘Consutonl expert atest priest Bernas too a difeent view ita she wa ofthe JBC, whose compoon he fou “oo narow and ‘oo vulneble to manipulation." Bras proposed tht the Seat, 383 whole, efor the oe of the Comission on Appointments. Bemas a ao ofthe fren of he 1987 Consittion. Records ofthe Constitutional Commission show tat Bers, at the tne, di nt question se J8C. Members of the confirming body would not be the rvlege of «few ‘wt the prerogative ofall eto he woe i is clume in he gure “iving the power othe Senate oad sesuge the dacoment of many wth the perfomance ofthe JBC.” Many agee that representation In the JOC is extremely narow 2 acouras inbreting, Morover it composed of only one profession, angers and prpetats the myth that only egal minds know he jaar. ‘The JBC could be enhanced by having a wie ary of sectors reesei For als weakness, however, Chit sce Puno opined thatthe JBC ss ceserved passing rae” But more than two decade afer ts creation, that was meager conoliton om(MALACANANG: We the proses in the JBC is elatvely transparent ite Known about wht happens in he Ofc the Preside. ‘Under Present roy asa group a Malang wet over nominees tothe Jury but kept ofthe Supreme Court he Cour of Appl nthe Santiganbayan. Beran Abe, who served lbor secretary of Present Dios Macapog aad was taken int presenta vise Wy Ameya, headed the am composed of Jake Lagonea fom the Ofc of the Executive ‘Secreta Ene de Leon, confident assiant othe President, and Cabrel Chui, potical adviser and secretary genera ofthe mes ing partes, akas-Kamp-Chrisian Mastin Dewocrats (Caudo resigned in December 2009 for heath reasons) The Presidential Managenent Si served 2 secretait "Wedon tmakeevaluationsorjudgmeswhen comes theSuprem= Cour, Court oF Apes andthe Sandiguriayan. Our role purely ministerial: When we eeive the names and recor ofthe nominees, we abate them ts ‘he Presiden” explain Aes. “We consider the caniats equal regards of votes they tom he JBC. Weedon rank then. Ou postions that all hse nominate by the JBC se iid” bes, ‘Aes ede hat be discontinued the pactce of Avetine Cru, who wat ‘the Presents ist gal ounse. Cruz was hands-on in sceaing spans ‘the her cours. Sld Aes "Anyway, the President exes her jaca freely” ‘Alter Cra the saccesling che Iga counsels wee completly eft ‘out ofthe proses Dung Present Fidel Ram ine, the ch lea oun, ‘Carpi aera Supe Cour Jace was ey in veting jist He was assed by the tonal seus adver reel Gene Joe Almonte ‘What Ramis asked Almont to do west conduc ackfoant checks OF ‘the aomines since he persis the inlgence agence he, Rais ao waned to know if the ppt understood bis thinking, bs over plan Sol me them face 0 face” Almonte elle, “Track ord ws the bigest consideration a choosing a Supeie Court asic" Raul Gonzalez, former atic eertary and later appointed preset legal counsel, may have best described the process under Amoj’s wath “It is nomal fora sil inthe Palace, epeialy me andthe legal eam 0 Indirect sound othe President when there is» vacancy nthe Supreme tm court, There 1s no atonal staff wor in he Palace) once the BC sts recived We lear the President: reference fom ber by language. She reverts she keeps It closet her best never dare open Up the Subject nis sh aks shad 1o ead he” PERU'S EXAMPLE ‘he next Phitippine Presiden, to be elected im May 2010, wile able 1 appoint only four of he ifecn Jute. How the Anoyo-appoatd ses ‘decide cases under a ew adinstrtion with be oll wins shiing Dears watching Tose whom she appoated in er Is wo years in fcr ‘ntl ty on the Court way beyond ber em uring the pret the 2010 cleson campaign, one question that was frauen asked ws the canada would del wit the sn te Fst ‘ald the next adr be esl in wptodng the rule of aw when dling ith mistakes ad exceses of Present Ary and he fami? In other counties, the long ara ofthe law caught up wit eades who commited sins, There appeared oben safe place for her Rind. Chiles anne Present, Augusto Ptocet, was reste a place under ous rest the United Kingdom while be was therefor medi trextment= ‘hed on ss interatonl aes warantee by gen pain for amen hts buses comsuted unde is ene. Former leaders Taylor of ‘ibe, ten Habe of Cha, kane Bemba ofthe Democrat Republic fof Cong, ant Kaing Guck av of Cambnd-faed charges of human hs ‘lations in domestic and international curs. In 200, the Intemational ‘rina Court the woe’ ist permanent wear-nes cou, std the fist warrant of are fora siting end af tite, President Omar Hasan a-Bshi| Pen, however, as stunning example because twas own Supreme ‘our that went afer former Present This ra was so porn esse inertia buna The Nw York Times wrote, were “ull o have the Cleansing cestional power of county’ own jue sytem aiming the primacy ofa” Ina landmark buman-righs case, Perla Supreme Court three renser panel n Ap 2009 sentenced former President Alberto Fimo Twenty ve yes in pia for Nt fvolverert In wma death sd ving conte with grils in the 1950s The verde came afer more than yea of al tht wis broacst on national eleison tm2000, facing oration charges, Fimo! fed to Japan. But he few to Ce in 2005, wk plato male comebck end be wes exe "sce was Maly deivered—by one of eur own cour” wrote Mare ‘Mefarund Suche Morena of man Rghs Watch, “Ts suet that eat ‘ie Peruvians may beable to put thelr ts in democratic insittons” ‘Whit happened in Pru it close to home tld us tat ur own Keg systems bythe Sapreme Courecan take the powefl Ts may ave bee ig con tat President Aro packed the Cou. wml