ShareThisProtests mark Sereno’s first day
in office as she vowed independence
MANILA – President Aquino made history this week when he appointed the youngest and first woman Chief Justice, Maria Lourdes Sereno.
Sereno, 52, born in Manila of a father who hailed from Sulu, if she completes her term of 18 years up to the mandatory retirement age of 70, will also be the longest serving Chief Justice, next only to Chief Justice Claro Arellano.
The youngest Chief Justice prior to Sereno’s appointment was Chief Justice Manuel Moran, a native of Binalonan, Pangasinan, who, however, did not complete his term so he could be appointed Philippine Ambassador to Spain and the Vatican.
Many like Speaker Feliciano Belmonte Jr., who is a lawyer, and other Congress leaders hailed Sereno’s appointment, saying she was well qualified, being an economics graduate of Ateneo de Manila University, a cum laude and valecdictorian graduate of law from the University of the Philippines and has a Master of Laws from the University of Michigan. She has also a colourful career in international and local organizations and as law professor of UP.
Others who lauded her appointment were the Integrated Bar of the Philippines, the Makati Business Club and other groups.
Others were not impressed with her credentials being the most junior Associate Justice of the Supreme Court having been appointed there by Mr. Aquino in 2010, bypassing eight senior Associate Justices, including acting Chief Justice Antonio Carpio, who was the number one in the list of five recommendees to the post by the Judicial and Bar Council. The senior Justices boycotted her oath-taking ceremonies in Malacanang.
Sereno, who replaced impeached Chief Justice Renato Corona, immediately took her oath of office before President Aquino who tasked her to bring back the trust and confidence of the people in Philippine courts and re-organize and revitalize the judiciary as she sees fit.
On Tuesday, Sereno started work as Chief Justice and was greeted with the first protest before the Supreme Court against her by the peasant groups Unyon ng mga Manggagawa sa Agrikultura (Uma) and Kilusang Magbubukid ng Pilipinas (KMP).
During their protest made while the SC was holding its en banc session, the farmers denounced Sereno for her decision on Hacienda Luisita where she called for payment to the Cojuangcos and the family of President Benigno S. Aquino III based on the highest market value or P10 billion.
The farmers also feared that with a pro-President Aquino and pro-Cojuangco Chief Justice, the High Court’s decision handed during the time of Chief Justice Renato Corona before his ouster might be scuttled, although their fears were allayed by sources which stated that the SC ruling was final and executory.
KMP secretary general Willie Marbela reminded Sereno that she should fulfill her mandate which is to uphold the interest of justice and the interest of the Filipino people, even as he believes her appointment is not good news to Hacienda Luisita farmers.
“Ang mangyayari dito, hindi pa rin magkakalupa ang mga magsasaka’t manggagawang bukid sa Hacienda Luisita… dapat sana ay pinatutupad ang tunay na reporma ng lupa sa Hacienda Luisita, lalo na ang desisyon ng Supreme Court,” Marbela said.
“Alam na namin na sa isang taong inappoint ni Noynoy Aquino ay maglilingkod lamang sa pamilyang Cojuangco’t Aquino at mga interest ng mga panginoong may lupa sa ating bansa,” Uma secretary-general Rodel Mesa said.
While Sereno originally voted for the 2006 valuation of lands to be the basis of just compensation for Hacienda Luisita, Inc. (HLI), in April, she voted in favor of just compensation determined, initially, by the Department of Agrarian Reform (DAR) and Land Bank, and subsequently, by the Regional Trial Court-Special Agrarian Court.
The high court, however, ruled that valuation be based on 1989 real estate values — the year the hacienda was covered by the Comprehensive Agrarian Reform Program (CARP).
Earlier, Sereno was reported to have scored the lowest or may have not passed the JBC-ordered psychological and psychiatric tests. The issue, however, was later clarified by the JBC to favour Sereno although the body did not made public the results of such tests.
Senator Franklin Drilon, an ally of President Aquino, acknowledged the disenchantment among the justices of Supreme Court over the appointment of most junior Associate Justice Ma. Lourdes Sereno as Chief Justice, saying it “is just temporary.”
”That disenchantment is natural and cannot be avoided, but I believe that is just temporary,” Drilon said on Tuesday.
Drilon expressed optimism that Sereno will overcome the reported disenchantment by showing her determination to reform the Judiciary.
”This is a game-changing appointment. For the first time in the political history of our country the CJ will stay for 18 years. This is important because the reforms in the Judiciary will take time. It takes time, you cannot do it overnight,” Drilon said.
Drilon said the judiciary has more than 500 judicial positions that must be filled up to address the increasing number of unsolved cases pending in various regional and metropolitan trial courts.
”Maybe a five-year program will be needed to fill up all these vacancies. Right now, there is 26 percent vacancy for the Judiciary, meaning only 74 percent are filled up. The perception of people on government hinges upon their perception if there is equal justice for everyone. The perception in the Judiciary affects the entire government,” he said.
Drilon said aside from huge vacancies, Sereno must also address the rules of court and procedures which are being abused by the litigants in order to delay the resolution of the cases.
”We must also look at the disciplinary process because the present disciplinary process can stand improvement, so that the litigants can really look forward to the punishment of those who prevent the effective administration of justice,” Drilon said.
Senate President Juan Ponce Enrile, a topnotch lawyer and constitutionalist, admitted that he was not familiar with Sereno’s career but expressed hope that the new Chief Justice would be able to deliver the necessary reforms in the Judiciary four months after the Senate, sitting as impeachment, unseated former Chief Justice Renato Corona.
”When she has the time to show what she can really do for the judiciary, I hope she will really be able to improve the administration of justice in the country,” Enrile said.
After her appointment was announced, Sereno assured the public that she will be independent even as she thanked Mr. Aquino for the trust he bestowed upon her.
She promised to fulfill the mandate of her office faithfully to the end of her 18-year term. In a press statement on Tuesday, Sereno said she will not be granting numerous requests for media interviews, stressing that “[t]he judiciary is not a political branch of government.” Media entities had requested for sit down interviews so that Sereno may address issues against her, and share her plans for the Supreme Court and the lower courts.
“Its (SC) role is unique among all the public institutions. It is constitutionally designed to be deliberate, accurate, sober and carefully balanced before arriving at its decisions and in the presentation of such decisions,” Sereno said.
She also pointed out that the success of her leadership will not be possible without God’s anointment.
“By God’s sovereignty alone, the leadership mantle has been given to me, and I accept it in all humility…” she said.
Sereno’s first act as Chief Justice on Tuesday was the reshuffling the SC’s various division.
In a one-page Special Order, Sereno said that the Chief Justice will act as the Chairperson of the SC’s First Division while Associate Justice Teresita J. Leonardo-De Castro as working Chairperson. Members of the First Division are Associate Justices Lucas P. Bersamin, Martin S. Villarama, Jr. and Bienvenido L. Reyes.
SC’s Second Division will be chaired by Senior Associate Justice Antonio T. Carpio with Associate Justices Arturo D. Brion, Mariano C. Del Castillo, Jose P. Perez and Estela Perlas-Bernabe as members.
For the SC’s Third Division, Associate Justice Presbitero J. Velasco, Jr. will be its Chairperson and its members are Associate Justices Diosdado M. Peralta, Roberto A. Abad and Jose C. Mendoza.
Also on her first day in office, Sereno said she is to authorize the unconditional disclosure of her Statements of Assets, Liabilities and Net Worth (SALN) to the public.
Sereno informed the other 13 justices of her decision for full disclosure of her SALNs during their en banc session which she presided for the first time as chief magistrate.
Her move will no longer entail compliance of a June 13 resolution issued by the high court on the manner by which SALNs of justices and judges may be released to the public.
Sereno’s decision she said covers all her SALNs since she was appointed to the high court in 2010.
Early this year, Sereno, together with Associate Justice Antonio Carpio, released to the public a summary of their SALNs in which she was shown to have a networth of P17 million.
Wearing an elegant beige terno, Sereno was all smiles as she stood beside her husband Mario Jose and two children Maria Sophia and Jose Lorenzo during her oath-taking ceremony in Malacañang.
The huge crowd of well-wishers, made up of members of the Cabinet, the legislature, judiciary, and some personalities from the religious sector, that turned up for Sereno’s oath-taking prompted Palace officials to change the venue at the last minute from the President’s Hall to the Rizal Hall.
Among those present was Justice Secretary Leila de Lima, who was one of the early contenders for Chief Justice.
De Lima hugged Sereno and congratulated her. “I said that (the) Supreme Court will now be in good hands,” De Lima said in an interview after the ceremony.
Sereno’s “youth, her dynamism, and her brilliance would go a long way in ensuring that we can look forward to a judiciary that would be worthy of the people’s trust,” De Lima said.
She said she bore “no rancor” with the Judicial and Bar Council (JBC) for disqualifying her.
Presidential Communications Operations Office Secretary Herminio Coloma Jr. said that with an 18-year term, Sereno will have a chance to push reforms in the judiciary.
She will serve as the 24th Chief Justice until 2030.
The appointment of Sereno will bring back the public trust and confidence to the judicial system and ensure equal protection of the law, Coloma said.
“The President is confident that Chief Justice Sereno will lead the judiciary in undertaking much-needed reforms. We believe the Judicial Branch of government has a historic opportunity to restore our people’s confidence in the judicial system,” Presidential Spokesman Edwin Lacierda said.
Sereno was born on July 2, 1960 in Manila. She graduated from the Ateneo de Manila University with a degree in A.B. Economics in 1980.
She obtained her Bachelor of Laws (Cum Laude, Class Valedictorian) from the University of the Philippines College of Law in 1984 and a Master of Laws from the University of Michigan Law School in 1993.
She was a TOWNS (Ten Outstanding Women in the Nation’s Service) Awardee for Law in 1998.
Sereno and Justice Florentino P. Feliciano represented the government in the two cases abroad concerning the management of the Ninoy Aquino International Airport’s Terminal 3.
Both cases were resolved in the government’s favor.
Despite her family’s humble means, Chief Justice Sereno’s parents were able to nurture in her a passion for learning and personal excellence during her formative years. Her father, a native of Siasi, Sulu, and her mother, a public school teacher, saved what little money they had to buy second-hand books that she would eagerly read. Her appetite for literature and reflection served her well during her primary schooling and enabled her to graduate with honors at the Kamuning Elementary School and Quezon City High School. She was then awarded generous scholarships by the government and several private institutions that allowed her to earn an Economics degree at the Ateneo de Manila University, and a Bachelor of Laws degree at the University of the Philippines.
After graduating valedictorian from the UP College of Law in 1984, Chief Justice Sereno joined the largest law firm in the country. While she enjoyed her very challenging work in the law firm, her family started to grow. Choosing to spend more time with her two young children and her husband, she opted to leave the law firm in 1986.
She joined the UP College of Law where she was able to mold young men and women in the principles of Civil and Commercial law. From being one of the youngest faculty members, she would eventually go on to lead and administer two institutions based in the UP Law Center – the Institute of International Legal Studies and the Information and Publication Division. She was a professor at the UP College of Law for nearly 20 years. At one point, she also became Deputy Commissioner of the Commission on Human Rights and was partly responsible for writing the organizational plans for the Commission. She has also taught at the Philippine Judicial Academy and several international academies.
In 1992, Chief Justice Sereno was awarded a De Witte Fellowship and a Ford-Rockefeller Scholarship to pursue her Masters of Laws at the University of Michigan, Ann Arbor, where she developed her proficiency in law and economics and international trade law. When she and her family returned to the Philippines, she played a key role in developing those fields of law.
At the age of 38, she was appointed as legal counsellor at the World Trade Organizations’ Appellate Body Secretariat in Geneva. Her international experience and her pioneering achievements in the legal profession were recognized when she was selected as one of The Outstanding Women in the Nation’s Service (TOWNS) for law.
At the age of 39, she was chosen as the only female member of the 1999 Preparatory Commission on Constitutional Reform where she was elected Chairperson of the Commission’s Steering Committee. Here, she helped the various sectoral committees identify key constitutional issues, and integrated their findings into a common framework for analysis of the various constitutional provisions. In the same year, together with Justice Jose Campos, Commissioner Haydee Yorac, and other professors from the UP College of Law, she co-founded Accesslaw, a corporation that provided the first annotated electronic research system in Philippine law.
Access to justice is one of the centerpiece advocacies of Chief Justice Sereno. One of her earlier works in law school included a review of the interface between domestic laws and indigenous customary laws. The United Nations Development Program would commission her to write a paper on judicial reform, which would eventually become the basis for the first external reform program that was welcomed by the Supreme Court. Among the activities the project birthed was the first-ever dialogue between the Members of the Supreme Court and representatives of the basic sectors. She also assisted in the High Tribunal’s pilot projects on mediation and judicial case management systems, and wrote a widely-quoted survey-based paper on justice and the cost of doing business, together with professors from the UP School of Economics.
Prior to her joining the Court, she was engaged in major international litigation as co-counsel for the Republic, after which she joined the Asian Institute of Management as Executive Director of its think-tank – the AIM Policy Center – where she pursued her interest in policy reform and its impact on governance and the economy.