Bersamin vows judicial independence

November 28, 2018

President Rodrigo Duterte has appointed Supreme Court Associate Justice Lucas Bersamin as chief justice and head of the judiciary, left vacant by the retirement of Chief Justice Teresita Leonardo-De Castro October 10.

Dutere also appointed Court of Appeals Associate Justice Rosmari Carandang as SC associate justice, the post also vacated by De Castro after she was promoted to Chief Justice.

Bersamin took his oath before Senior Associate Justice Antonio Carpio, who served as acting chief justice.

Bersamin will lead the judiciary until October 18, 2019, when he reaches his compulsory retirement age of 70.

In his first media briefing with reporters, Bersamin vowed judicial independence of the SC in his one-year term.

"My voting record is there. Sometimes I votes against the government, sometimes I vote for government. As far as the law is concerned, I'm independent," he said.

"I don't know the President. We have never met... I come from the North, the President comes from the South. When he campaigned, I rooted for another candidate," he added.

The new Chief Justice said he believes that his appointment is "God's will." 

Bersamin challenged the perception on judicial independence as simply going against the position of the government.

"I have to disappoint you if your perspective of independence is for the government to lose in cases because we always decide based on arguments. Most of the time the government presented very good arguments," he stressed.

"There are many cases where the government loses, but the issue on judicial independence is not raised," he said.

Bersamin also said he has plans for the judiciary in the coming days.

"The biggest problem is the misconception that the SC doesn't care about lower courts and I'd like to correct that," he added.

SC records showed Bersamin wrote the decisions, among other rulings, on the cases involving the appointment of the late Chief Justice Renato Corona,  acquittal of then President Gloria Macapagal Arroyo on a demurer to evidence; on the grant of bail of former Sen. Juan Ponce Enrile who was charged with plunder before the Sandiganbayan; and the declaration as unconstitutional the Priority Development Assistance Fund (PDAF).

As associate justice, Bersamin voted in favor of the ouster of Ma. Lourdes Sereno as Chief Justice; the burial of the late President Ferdinand Marcos at the Libingan ng mga Bayani; the declaration of Martial Law in Mindanao and its extension; the constitutionality of the K-12 basic education program for high school; and on the denial of detained Sen. Leila de Lima’s plea to drop the drugs charges against her and for her release from detention. DMS