(Editor’s note: Filipino and American justices of our Supreme Court, between 1902 and November 15, 1935 [inauguration of the Commonwealth], were appointed by the US President “by and with the advice and consent” of the US Senate, as noted by the author.
MANILA, Philippines — In the heat of a long argument, judicial independence can be called a kind of shibboleth (a common saying or belief with little current meaning or truth). This slogan about the courts is inferred from the bare words of the Constitution, kind opinions of scholars, writers, and court decisions themselves.
Judges before and after
In the US, judges of higher courts started out as cronies of politicians, party leaders, or influence peddlers. They are supposed to be crowned with “halos” after sitting in their chambers.
Nominees to federal courts in the US find themselves at the mercy of glares from 100 senators. In 1991, Justice Clarence Thomas, an African-American nominated by President Bush, was confirmed by the Senate voting 52 to 48. Thomas had suffered months of uncertainty and anguish after being grilled by the Senate Committee on Justice. He faced a charge of sexual harassment filed by a member of his staff as judge of the Court of Appeals.
Padrino system
In the old days, before 1972, nominees of the President to the Philippine Supreme Court needed confirmation by a Commission of Appointments of 24 members of Congress. Nominees waited at the Senate gallery waving and smiling at their padrinos in the commission I saw one nominee to a Court of First Instance (CFI) in the Visayas embracing a commission member for winning his confirmation after a third deliberation.
There was no change in the system after the 1987 Constitution.
High grades not needed
Judges in this country are not appointed on the basis of their imposing credentials in a college of law, for passing the Bar exams with high marks, or a prosperous practice. They need only good assist from a governor, congressman, senator, city mayor, high administration officials, and other influential citizens. Judges don’t forget friends, kin, padrinos, and other kind souls who help them wear the black judicial robe.
Second lobby
To earn a promotion from a lower court to a higher judicial office – like the Sandiganbayan, Court of Appeals, and the Supreme Court – another round of political balancing is needed. Promotion is not offered or given to magistrates who only wait and watch their colleagues running fast anxiously looking for more support from various quarters.
Associate justices between 1902 and 1935
Students of law and some judges may want to know the manner of appointing associate justices of the Supreme Court and CFI judges between 1902 (under the Philippine Bill, Act of the US Congress of July 1, 1902) and November 15, 1935 (inauguration of the Commonwealth). Justices were appointed by the President of the United States “by and with the advice and consent” of the US Senate.
CFI judges from 1902 to 1935
CFI judges were appointed by the Civil Governor “by and with the advice and consent” of the Philippine Commission between 1902 and 1916. Under the Jones Law of August 29, 1916, they were appointed by the Governor-General “by and with the advice and consent of the Philippine Senate.”
All American and Filipino justices of the Supreme Court, from 1902 to November 14, 1935, were appointed by the US Presidents “by and with the advice and consent” of the US Senate. The US Presidents between 1902 and 1935 were: Theodore Roosevelt (1901-1909), William Howard Taft (1909-1913), Woodrow Wilson (1913-1921), Warren Gamaliel Harding (1921-1923), Calvin Coolidge (1923-1929), Herbert Hoover (1929-1933), and Franklin Delano Roosevelt (1933-1945).
Recto’s case
Nacionalista Party (NP) stalwart Claro M. Recto was campaigning for reelection in November, 1955, (as guest of the Liberal Party), when a popular radio anchor attacked him for being a “bigamist.” Recto filed a long list of civil and criminal suits against the radio broadcaster, whose main sponsor was a fish sauce still popular to this day.
In his suit, Sen. Recto referred to his: 1) valid divorce from his first wife, 2) his valid second marriage, and 3) his appointment as Supreme Court justice by President Franklin D. Roosevelt “by and with the advice and consent of the US Senate.” (The appointment was confirmed by the US Senate on April 16, 1935.) Recto resigned and returned to private law practice on November 1, 1936, after a stint on the highest court of one year and four months.
On bended knees
To evade imprisonment/damages by the millions, the radio anchor begged for help from NP Senate President Amang Rodriguez. It was reported that Amang advised him to walk on his knees from the elevator to Recto’s Senate Office. Which he did, according to Joe Guevara of the Manila Times. (Comments are welcome atroming@pefianco.com).x x x."
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