Bersamin’s philosophy: ‘Restraint on gov’t action, activism on rights’

New Supreme Court Chief Justice Lucas Bersamin on Wednesday revealed that his judicial philosophy spans both restraint and activism.

"I am more on the side of restraint. Why? Because I happen to believe that the three branches should work together and that the three branches should respect each other's boundaries," Bersamin said in his first press conference after being appointed.

But he qualified that he approaches cases with judicial restraint in issues involving government action. On environment and human rights, on the other hand, he said he will be a judicial activist.

"As far as issues regarding government action is concerned, if there is a presumption in favor of government action, presumption of validity in favor of executive action and legislative action, then I am on the side of judicial restraint," he said.

"But if it concerns environment and rights that would affect, impact on the people's lives, I will go for judicial activism," he explained.

Judicial restraint and judicial activism are opposite approaches to judicial review.

On another matter, Bersamin asserted that the High Court is "alert and vigilant" in protecting the rights of judges and employees of the judiciary.

"We will not allow our judges to be intimidated if there was no basis at all of accusing them of these drug connections," he said, responding to a question on what the Bersamin court will do in case President Rodrigo Duterte again links judges to the illegal drug trade.

In 2016, the president announced the names of seven judges who were allegedly involved in the illegal drug trade. Then-chief justice Maria Lourdes Sereno wrote Duterte in response to what she called the "premature" pronouncement.

The SC also investigated the judges.

"We cannot be defensive about that because if they were really involved in drugs, they were violating the law," Bersamin said.

"The Supreme Court immediately felt it was not up to us to defend these judges but we have to assure them that they must be made accountable for this based on evidence." — BM, GMA News