CA justice in pro-Lacson ruling asserts independence

The Court of Appeals justice who penned the decision dismissing the murder case against Sen. Panfilo Lacson told the Judicial and Bar Council (JBC) that he writes his rulings based on what the 1987 Constitution and the law state. CA Associate Justice Ramon Bato Jr., one of the 33 aspirants to the two seats in the Supreme Court that will be vacated in June, is the first to be interviewed by the JBC, the body that screens and recommends to the President appointees to the judiciary. “My judicial philosophy is anchored on constitutionalism and respect for the rule of law. Justice is the ability to apply the law fairly and equally both to the rich and poor alike. My decisions are based on the applicable law, your honor. My guide is the law and my conscience would tell me that you have to apply the law," Bato told retired Supreme Court justice Regino Hermosisima. Hermosisima is part of the eight-member council, which is composed of the Supreme Court justice as ex-officio chair, with the Justice secretary, and chairpersons of the House and Senate justice committees as ex-officio members. The four other regular members come from representatives of the Integrated Bar of the Philippines, the academe, the private sector, and a retired member of the Supreme Court. In Wednesday's interview, Hermosisima presented Bato a scenario: A public prosecutor has dismissed a murder case, but chose to revive it years later after finding a new witness. If the case reaches an appellate court or the Supreme Court, should the case be dismissed or revived? Bato said he will “dismiss the same." But Hermosisima raised the matter of choosing between procedural law and substantive law, reminding Bato that he should also take into consideration matters like whether the 20-year prescriptive period for murder has already lapsed. Bato did not change his answer. Hermosisima then made an oblique reference to Lacson. “Well, Ping Lacson would be happy with your answer, but I think it needs a more serious time," he said. Lacson, former chief of the Philippine National Police, was allegedly the mastermind of the Nov. 2000 killings of Salvador “Bubby" Dacer and Emmanuel Corbito. Bato penned the Feb. 3, 2011 decision ordering the Manila Regional Trial Court Branch 18 to dismiss the double murder case against the senator and to revoke the warrants of arrests against him. Corona grills Bato But Bato faced the toughest grilling from Chief Justice Renato Corona, chair of the JBC, who asked him what sets him apart from the 32 other candidates vying to be replacements of the two Supreme Court justices who will retire next month. Bato said that as a career jurist who has served as a municipal trial court judge, a regional trial court judge, and as a Court of Appeals justice, he has “enough training and experience" to be appointed to the high court. But Corona replied that his credentials are not exceptional enough because almost half of the 33 aspirants have also spent long years in the judiciary. Corona, then, asked Bato why is he in a hurry to join the Supreme Court. “You are only 52 years old with no exceptional achievement in your career and you’re very low in seniority [at the Court of Appeals]," he told Bato, the 25th most senior justice among 69 CA members. Corona made a reference to Bato’s age because the mandatory retirement age for members of the judiciary is 70. Should Bato be named to the high court, he will stay in the Supreme Court for 18 years. The chief justice likewise quizzed Bato on legal concepts and recent Supreme Court rulings. “What is the most important decision in Philippine jurisprudence on the constitutional separation of powers?" he asked. Bato said that it is the SC’s decision allowing the House justice committee to resume the impeachment proceedings against former Ombudsman Merceditas Gutierrez, and decision that said President Benigno Aquino III's Executive Order No. 1 creating the Truth Commission was unconstitutional. But Corona was unsatisfied with the answers. “If you want to be Supreme Court justice, you should brush up on constitutional law," he said. — KBK, GMA News