ARTICLE VIII Section II of the Constitution says: “Members of the Supreme Court … shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office.”
In the case of Chief Justice Lucas P. Bersamin, he steps down this week because he has reached the age of seventy.
Bersamin wants to be remembered as the ‘healing’ chief justice who brought “stability and normalcy” back to the SC which must have been affected by the controversial removal of Ma Lourdes Sereno. In fact, after Sereno, Teresita Leonardo-de Castro became CJ. Would she also claim to introduce stability and normalcy?
Anyhow, there is no doubt that the SC is now doing much to re-establish itself as a co-equal branch of government, alongside the Executive and the Legislative. The concept of three co-equal branches of government was derived from the United States which now has problems resulting from the lack of empathy between Republican President Trump and an uncooperative House of Representatives which currently has a majority of Democrats.
Whether due to Bersamin’s imminent departure or otherwise, the SC has a seemingly engaged in a flurry of activity recently.
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One example is the SC ruling that overturned a Court of Appeals decision relating to the right of defendants to confront their accuser face to face. The relevant case is the trial of suspected illegal recruiters Ma Cristina Sergio and Julius Lacanilao. The prosecution sought the testimony of Mary Jane Veloso, caught at Yogyakarta airport, Indonesia in 2010 with over two kilograms of heroin and who is now confined to a prison cell in Yogyakarta. As a result of the SC decision, she can now testify against Sergio and Lacanilao through a deposition she makes in prison. It is not clear what opportunities the defense will be given to contest Veloso’s testimony.
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Last week the SC said that it is championing consumers’ nights. If this continues with Bersamin’s successor, then the SC will achieve a higher profile and, possibly, increased grass-roots popularity. The context is that the SC has ordered the Energy Regulatory Commission (ERC) to review its approval in 2011 of the unbundled rates of Manila Electric Co. (Meralco). This order has reversed a 2016 Court of Appeals decision. The SC found that the ERC approval violated its mandate to approve rates that will provide electricity to consumers “in the least cost manner.”
Wow!
Prior to the appointment of Agnes Devanadera as Chairman, the ERC had gained a not unblemished reputation. Consumers in the Central Negros Electricity Cooperative (Ceneco) region are particularly aggrieved because they have to pay P232 million for electricity they did not receive. This was due to the terms of a 2011 contract between Ceneco (with ERC approval) and Kepco-Salcon. At first sight, this violates the rights of consumers to receive electricity at least cost.
ERC debated this vexed issue in 2013 and 2014, before finding, in 2017, that Ceneco’s consumers should be penalized.
Is there anyone with sufficient energy to bring the matter to SC?
If Bersamin’s successor is seriously interested in “championing consumers” rights’, the SC could gain much kudos. We hope the rise of SC will continue./PN
