‘Fresh start, new vision’: Bersamin rings in 2019, his last year as Chief Justice

Lian Buan

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‘Fresh start, new vision’: Bersamin rings in 2019, his last year as Chief Justice
'Let us take the time to...discern our experiences and learn from them, guided by a renewed hope, fresh start and new vision,' says Chief Justice Lucas Bersamin

MANILA, Philippines – The year 2019 will be interesting and legacy defining for one special person in the judiciary: the top magistrate, Chief Justice Lucas Bersamin.

Appointed last November 28, 2018, Bersamin will have barely a year to lead the judiciary as he will retire on October 19, 2019, when he turns 70 years old.

Bersamin has to lead the Supreme Court at a time when the institution is battling strong perceptions of partiality to power. His chief justiceship will also have to deal with the side anecdote that the vacancy was created because he and his colleagues ousted a Chief Justice in the quo warranto mode not explicitly provided for in the Constitution.

“The year that was did test the Supreme Court’s resilience. We encountered truly daunting and consequential challenges,” Bersamin said in his New Year’s message sent to reporters on Monday, December 31.

Bersamin’s appointment was also controversial because he bypassed the more senior justice – Antonio Carpio – even as President Rodrigo Duterte vowed he would follow seniority for his appointments in the judiciary.

Bersamin, who claimed he is the most senior in terms of total years in the judiciary starting from when he was a lower court judge, said he will not apologize for his appointment.

Bersamin promised judiciary staff, especially those within the Supreme Court, that the institution will not face the same problems it did during its past leaders – who also bypassed more senior justices.

“Let us take the time to take stock of these challenges, and discern our experiences and learn from them, guided by a renewed hope, fresh start, and new vision,” Bersamin said.

Bersamin was quick to reach out to employees, holding meetings right away with judges, employees associations, and the Integrated Bar of the Philippines (IBP).

Bersamin will have to lead the legal profession at a most threatening time – there have been at least 35 judges, prosecutors, and lawyers who were killed since July 2016. The number is 36 if you count AKO Bicol Representative Rodel Batocabe, a lawyer, but whose death on December 22 was marked as the first fatal attack against a congressman under the Duterte administration.

The IBP called on the Supreme Court “to take immediate action” to address the killings when Batocabe was killed. Bersamin said he will seek an independent investigation into the killings. 

“The Chief Justice will seek the concurrence of the Court in conducting an independent investigation and convening a dialogue between the members of the Bar and the law enforcers,” Bersamin said before Christmas Day.

Bersamin had already said that his judicial philosophy is restraint in favor of the government. He also acknowledges his voting record, which shows him leaning towards the executive and politicians.

“We in the Judiciary are obliged to build on the positive undertakings of the past to bring about even more meaningful changes and make our courts more accessible, accountable, efficient, effective, and responsive to the needs of the public. We are committed to embark on new initiatives in accordance with our sacred task to promote justice and uphold the rule of law,” Bersamin said. 

He added: “The new year signifies a new beginning that we must fuse with a genuine effort for reformation and improvement – for ourselves, our families, our work, and our country.”  Rappler.com

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Lian Buan

Lian Buan is a senior investigative reporter, and minder of Rappler's justice, human rights and crime cluster.