THE APPOINTMENT of Chief Justice Ma. Lourdes Sereno has generally been hailed by political and media figures, but questions have emerged on her eligibility, capability and independence.

The process

While the president himself selects the Chief Justice, this is only the final step. Unlike cabinet positions, which go through the Congress-based Commission on Appointments, the evaluation of judicial appointments from trial court judge to the highest magistrate are handled by the independent Judicial and Bar Council (JBC).

Lawyer Jose Mejia Jr., JBC member for the academe, says, “The JBC has eight members, four ex officio by virtue of their office and four regular members.” He explains, “This was done to prevent politically-charged appointments.” Recalling an anecdote, he says, “Before the JBC was institutionalized, you would see judges hanging around Batasan hallways.”

The very first step is application, where interested candidates submit documents to the JBC and attend hearings. JBC members interview and evaluate the applicants. Upon selecting an applicant or, more commonly, a group of applicants, the list is sent to Malacañang, where the President chooses among those approved.

Eligibility

One of the most common charges against the new chief justice concerns her youth and relative inexperience. At 52, Sereno is the youngest chief justice appointed this century, not to mention that she was also the youngest appointed associate justice in 2010. Her age also results in a constitutional quirk: she is set to have an eighteen-year term, as chief justices are mandatorily set to retire at age 70, barring death, resignation or impeachment.

Looking past Sereno’s supposed lack of experience, her credentials shine. “On her educational background, there is no question. She graduated with honors—the valedictorian of her class, top 20 in the Bar. And having been in the academe, [having] taught for a significant number of years,” adds Mejia.

He continues, “[Seniority] is only one aspect of the whole equation… The minimum age requirement is 40, so she’s actually 12 years more than the requirement… That issue is well overcompensated by her other qualities.”

For Ateneo Political Science Lecturer Millard Lim, it is not her age but her gender which is more striking, saying that the appointment of a female chief justice was “unprecedented.”

Prior to the appointment, some media outlets have narrowed the race down to Former Solicitor-General Francis Jardaleza and Justice Sereno, a charge denied by Mejia, saying, “They all have the qualifications. That’s the reason why we included all of them. So it was really the president’s call.”

Lim agrees. “As far as credentials are concerned, I think the other nominees screened by the JBC, even those that did not make it to the shortlist, were all qualified.”

Another issue hurled at Sereno concerns her supposed failure of the JBC psychiatric exam (see infographic), an issue Mejia denies. He says, “There is no truth to the rumor that she failed. Because if she did, I can tell you without any compunction, that she would not have been included in the shortlist.”

Political implications

Sereno’s appointment also has major political implications. For Lim, “The primary consideration was certainly that the president did not want to have another chief justice identified with the previous administration… Therefore, he appointed from the shortlist prepared by the JBC someone he also appointed to the SC a few years ago.

Ateneo Law School student and former president of The Assembly Steffi Sales agrees, saying, “Her denunciation of the Arroyo government was one of the main factors behind her appointment.” However, she is also wary of the appointment. “It is still highly suspicious that Aquino appointed the justice who held the dissenting opinion [in favor of the] Cojuangcos in the Hacienda Luisita case.”

On the effects of Sereno’s appointment, Lim says, “Now the president will cease his attacks on the chief justice, which was perceived by those sympathetic to former CJ Corona as an assault on judicial independence itself.”

Lim believes Sereno will maintain her independence, especially considering historical trends. He says, “From previous experiences with judicial appointments, SC justices tend to maintain their independence from the appointing power… I am quite optimistic therefore that the new CJ will maintain her independence. She has to, because she will be CJ beyond the current administration.”

For Sales, it is too early to judge the CJ, saying, “It’s too early to pronounce a judgment as of this moment on her character and ability… Until she has penned her own opinion on a landmark case… we really have no gauge yet as to her fairness and independence.”