REP. Roilo Golez (Ind., Parañaque) yesterday
conceded it would take a year before his proposal to strip the
President of the power to appoint members of the Judiciary would
prosper due to the slow legislative process.
"It’s more for future and not the incumbent
president," he said.
Considering the slow legislative process,
Golez said the bicameral process of introducing an amendment to
the Constitution would take at least a year. By that time, he
said, if the move prospers, it would be almost 2010 or the end
of the term of the incumbent president.
Golez, spokesman for the minority bloc, last
Friday said he will file a resolution seeking to remove from the
President the power to appoint members of the judiciary to
insulate them, he said, from "presidential and political
interference."
He proposed that the power to appoint be
transferred to the Supreme Court en banc "to make the SC and the
rest of the Judiciary self-perpetuating and truly independent.
"I believe the nation must take this bold,
drastic move to make the Judiciary truly independent and
insulated from politics," he said.
Golez broached the idea in the wake of the
Supreme Court’s 9-6 decision on Tuesday to uphold the decision
of former Planning Secretary Romulo Neri to invoke executive
privilege when asked by senators of his conversations with
President Arroyo on the $329-million NBN-ZTE deal.
The majority decision was penned by Associate
Justice Teresita Leonardo-de Castro. Associate Justices Leonardo
Quisumbing, Renato Corona, Dante Tinga, Minita Chico-Nazario,
Presbitero Velasco, Antonio Eduardo Nachura, Ruben Reyes and
Arturo Brion concurred with the majority decision. All but
Quisumbing were appointed by President Arroyo.
Chief Justice Reynato Puno, Associate
Justices Consuelo Ynares-Santiago, Ma. Alicia Austria-Martinez,
Conchita Carpio-Morales, Adolfo Azcuna, and Antonio Carpio
dissented.
Martinez, Morales, Azcuna and Carpio were all
Arroyo appointees.
Golez said the Philippines should follow the
example of the United Kingdom which recently passed
Constitutional Reform Act of 2005 which he said "drastically"
restructured its Supreme Court "because the old system ‘confused
people and offended constitutional principles of separation of
powers and independence of the judiciary.’"
"We should consider the same reforms in the
Philippines instead of the knee-jerk rejection by Malacañang
with the saddening statement that ‘the power of the President to
appoint members of the judiciary has been exercised since the
1936 Constitution was enacted,’" he said.
Golez said the reforms to the UK high court
included setting up of a "politics-free" Judicial Appointments
Commission to select judges, including Supreme Court members,
through fair and open competition, from the widest range of
eligible candidates.
The UK Commission is made up of two lawyers,
five judges, a layman magistrate and six laymen, including the
chairman.
Golez said the Commission follows a tough
screening process that includes wide advertisement in the media,
and a "series of character checks done with Her Majesty’s
Revenue and Customs and relevant professional bodies."
He said the candidates for vacant court
positions are measured by "five core qualities namely
intellectual capacity; personal qualities (integrity,
independence, judgment, decisiveness, objectivity, ability,
willingness to learn); ability to understand and deal fairly;
authority and communication skills; and efficiency."
"The UK, with their centuries of judicial experience, dared
to change. The Philippines likewise should institute reforms
since the present system since 1936 is full of holes," he said.
– Wendell Vigilia