PAO chief Acosta tells JBC she hasn't read SC decision on Marcos burial

Public Attorney's Office (PAO) chief Persida Acosta's knowledge and appreciation of recent jurisprudence was put to the test on Wednesday when she faced the Judicial and Bar Council (JBC) which is vetting her application for the post of Supreme Court (SC) justice.

Acosta is one of the applicants for the 2 SC posts to be vacated by Associate Justices Jose Perez and Arturo Brion in December.

During the public interview, Acosta was asked by JBC executive committee chairperson Angelina Sandoval-Gutierrez on whether she would have concurred or dissented in some recent SC rulings, including the burial of former President Marcos at the Libingan ng mga Bayani.

Acosta said she would have joined the majority in the Marcos burial case, citing Republic Act 289 as basis. But Gutierrez, a former SC justice, told her that the decision did not cite a law but the Armed Forces of the Philippines regulations giving late presidents a space at the Libingan ng mga Bayani.

Acosta admitted she hadn't read the decision yet.

"Hindi pa po, nabasa ko lang po sa news," she said.

Gutierrez also asked Acosta about the bail plea of former Senator Juan Ponce Enrile, with the former magistrate having to inform the PAO chief about details of the case.

"I advise you pañera to read more not only the cases before you, just in case you are nominated and luckily appointed. Read more. Just read more," Gutierrez said.

Extrajudicial killings

Acosta was also asked by Gutierrez about the Rome Statute, specifically regarding the International Criminal Court's jurisdiction over extrajudicial killings, and definition of crimes against humanity.

When pressed for her opinion on unexplained killings under the Duterte's administration's war on illegal drugs, Acosta said the incidents have to be examined on a "case-to-case basis."

"Ang ating gobyerno sa pamamagitan ng PAO, PNP (Philippine National Police) at ibang stakeholders ay talagang kinakasuhan pag clear na EJK (extrajudicial killing) pero hindi naman tama na ang bawat nangyayari ay isisisi sa lahat. Dapat po case-to-case basis," she said.

Acosta's experience of flunking the Bar examination twice also cropped up during the interview.

Asked to comment on observations that no one has been appointed to the SC who has taken the Bar more than once, the PAO chief said her story should serve as inspiration to aspiring lawyers not to be defeated by adversity.

She mentioned the late nationalist Claro M. Recto, a former senator and SC justice who failed on his first try.

"Kung si Claro M. Recto ay lalake, ako po ay babae na pero may pusong lalake na matatag, lababan para patunayan sa buong mundo at mga Pilipino na kahit tayo'y mahirap bibigyan tayo ng pagkakataon ng Diyos na makabangon sa lusak ng kabiguan upang maging maliit na instrumento ng katarungan para sa inang bayan," she said.

Acosta, who placed fourth in the 1989 Bar examination, said flunkers should not give up easily.

"Gaya ni Hesukristo na kahit noong nadapa ay bumabangon at pinagpala ng Ama sa langit. Bakit? Akala ng iba bobo ka hindi po. May bukas pa. Laban. Huwag pong mawalan ng pagasa," she said.

Acosta then cited her credibility, service to the poor, integrity, and independence as qualifications for the high court post. —JST, GMA News