Judiciary still independent, Supreme Court justice aspirants say

Candidates interviewed by the Judicial and Bar Council on Thursday for a Supreme Court (SC) post believe the court has maintained its judicial independence despite perceived attacks to it.

The JBC began its public panel interview of six aspirants to the post that will be vacated by Associate Justice Presbitero Velasco Jr. after his retirement in August.

The candidates that were grilled starting at 9 .am. were incumbent Court of Appeals Associate Justices Oscar Badelles, Manuel Barrios, Ramon Garcia, Amy Lazaro-Javier, Davao regional trial court judge Carlos Espero II, and former Ateneo School of Law dean Cesar Villanueva.

Badelles, the first to be interviewed, said he will maintain judicial independence and will not allow anyone, not even President Rodrigo Duterte, to influence his decisions.

"I would like to state that I usually rely on the evidence presented and the applicable laws thereon, so whatever the opinion the President has on the matter has no bearing," he said in response to a question from Twitter.

Despite the major shakeup within the highest tribunal in the country with Sereno's exit, Barrios said he  still does not feel that the independence of the judiciary is in not under any threat.

"I don't feel it. It may happen that certain quarters are attacking the judicial branch of government, but that is their right," he said.

Espero said while the actions against former Chief Justice Maria Lourdes Sereno were perceived by some quarters as an attack to the judiciary, he still believes Duterte had not acted to manipulate or influence the judiciary.

"Knowing the guy, I don't think he interferes with anybody. In fact, even in Davao, I have not heard of anything, he himself interfering with the affairs of the judiciary in Davao City," he said.

People Power

While admitting to be an advocate of "People Power" — the peaceful revolution that helped topple the Marcos dictatorship in 1986 — Espero, meanwhile, told the JBC that a similar movement is not yet needed now.

"It does not warrant, because I believe the President is just doing what he is supposed to do, the right thing to do," Espero said.

Asked about the same topic, Villanueva said People Power must be exercised properly: "People's initiative to me is an exercise of People Power being the one being able to propose an amendment to the Constitution."

Freedom of expression

Asked about the freedom of expression, Barrios said it should remain unlimited "as long as you do not transgress the rights of others. Once you do, you are subject to consequent punishment."

For Espero, such freedom "is not unbridled or unlimited." He, however, admitted not knowing the particular legal elements that govern freedom of expression.

Religious belief vs. discrimination

Badelles was also asked to comment on a recent U.S. Supreme Court decision favoring a baker who refused to bake a cake for a same-sex couple.

"I would resolve that in favor of the baker. Under our jurisprudence, religious freedom, or freedom of religion is given a preferred status in the hierarchy of civil political rights in our Constitution," Badelles said.

For their part, both Garcia and Javier agreed that it was the right of the baker to refuse the request of the couple.

"There's no violation of the equal protection clause because there are four elements in the equal protection clause," Garcia said. "It's not falling under all members of the class, not applying for to conditions."

Garcia said Filipinos' free speech is protected by the Constitution until they fail the dangerous tendency, balancing of interest, and clear and present danger rules, rules which the accused supposedly flaunted in Texas v. Johnson.

Javier meanwhile believes this was not a case of discrimination as the baker had "the absolute right to choose" who they will accept as clients.

On divorce

Barrios said except for cases such as divorce, Philippine laws were sufficient to "qualify certain judgments or decrees from foreign courts" before Philippine courts.

The only exception to this, he said, is if "the foreign partner obtains a divorce decree abroad, and under (Philippine) law, that will entitle the Filipino partner to remarry."

Espero said he was not in favor of divorce because the provisions of annulment was already favorable to couples, but said tweaks could still be made to fast-track such cases. — MDM, GMA News