Duterte signed the appointment paper of Bersamin on November 26.
Bersamin edged out Acting Chief Justice Antonio Carpio, as well as Associate Justices Diosdado Peralta, Estela Perlas-Bernabe and Andres Reyes, Jr who were included in the shortlist of the Judicial and Bar Council, the body that vets judiciary nominees.
Bersamin is the country’s 25th chief justice. He replaces Teresita Leonardo de Castro who retired last month after serving only 41 days as the top magistrate following the ouster of Maria Lourdes Sereno through quo warranto proceedings.
Bersamin is the third most senior among Supreme Court justices but is considered the most senior in terms of service rendered in courts, with a career spanning 32 years.
He entered the judiciary on Nov 5, 1986 as Quezon City Regional Trial Court judge at the age of 37. He was a trial judge for nearly 17 years.
He also served six years as associate justice at the Court of Appeals, and close to 10 years as the 163rd magistrate of the Supreme Court.
Bersamin placed ninth in the 1973 Bar Exams.
He will serve as chief justice for less than a year, as he will reach the mandatory retirement age of 70 in October 2019.
Bersamin sided with the Duterte administration on a number of issues, such as the declaration and extension of the martial law and suspension of the writ of habeas corpus in Mindanao, the arrest order against opposition stalwart Senator Leila de Lima and the burial of former dictator Ferdinand Marcos at the Heroes’ Cemetery.
Duterte yesterday defended the appointment of Bersamin, in his speech during the groundbreaking ceremony of the Panguil Bay Bridge in Lanao del Norte.
Duterte noted that Carpio did not accept the chief justice nomination when Sereno was ousted.
“I did not get an outsider. Carpio, Peralta, Bersamin… there are five names. I chose Bersamin. Carpio, he said he will not accept it. So, after that, I said (the person who is) next in rank (will be named), so next in rank,” Duterte said.
He also questioned the stance of Carpio on the West Philippine Sea dispute with China. Carpio wants the government to assert its 2016 legal victory against China before an international arbitration court.
“What do you want… the arbitration, so I’ll order my police to go there in Palawan and shoot it out?” Duterte said.
The newly-appointed chief justice cited his track record as the basis of his appointment to the highest position in the judiciary.
Bersamin told reporters he served the judiciary for 32 years, the longest service record in the court system.
“I underwent the process and I have been found among those to be fit to be nominated,” Bersamin said.
He said he would lead the court as the first among equals.
“The chief justice is primus inter pares (first among equals). This is a collegial court and will not act through individual members. We are 15 independent magistrates and I cannot say whether our direction is judicial activism or judicial restraint. But this I assure the people that all cases are to be deliberated whether they are of higher importance to the country or only to a few of our countrymen,” he said.
Bersamin said he does not know the president personally and believes he was appointed based on his track record, merits and capability. He said that he would not yield to undue influence.
“The concept of judicial independence is you are resistant to undue influence. You do not lose your independence if you take one side,” he said.
He assured that public that all of his rulings on the “President’s cases,” such as martial law in Mindanao and the Marcos burial, were purely based on merits.
Senator Grace Poe yesterday said it was the prerogative of President Duterte who to appoint as the next chief justice.
The senator made the remark when asked to comment on observations that the president did not follow his earlier standard in choosing a chief justice, which he said would be based on “seniority.”
“Of course, it is always the prerogative of the president. There are many competent people in the Supreme Court but I’m happy because I think Justice Bersamin will become effective (as chief of the judiciary),” Poe said in a chance interview.
“Chief Justice (CJ) Bersamin is a brilliant legal mind with a dynamic style, an incisive wit and enlightening opinion. With CJ Bersamin at the helm, we hope that timely justice will always prevail,” she said.
Senate President Vicente Sotto 3rd congratulated Bersamin. “Come to think of it, as early as 2008, I was already aware of his legal savvy. He helped me as Dangerous Drugs Board (DDB) chair then.”
Senatorial candidates from the Oposisyon Koalisyon questioned President Duterte’s appointment of Bersamin as the chief justice.
Former solicitor general Florin Hilbay, Magdalo Rep. Gary Alejano and former assemblywoman Samira Gutoc asked President Duterte to explain why he revoked his promise to appoint the most senior magistrate as chief justice.
“I do not believe that Bersamin was appointed chief justice because of his seniority; this is Duterte’s way of ‘paying back.’ As we all know, Bersamin’s decisions always side with the president,” Alejano said. “Because of Bersamin’s record, we will continue to be vigilant,” Alejano added.
Hilbay said that although Bersamin was “highly respected” and enjoyed “a good reputation” in the high court, the president should explain why he kept on saying that his choice would be based on seniority and then choose Bersamin.
“Senior Associate Justice Antonio Carpio should take the post if the choice would indeed be based on seniority,” Hilbay said.
Gutoc said people in Mindanao would continue to watch the high court’s ruling on the Bangsamoro Organic Law (BOL), which is being questioned by a group of governors.
Duterte also appointed Rosmari Carandang as the new associate justice in the Supreme Court.
Carandang had served as associate justice of the Court of Appeals (CA) since March 2003. She also served as presiding judge of the Manila Regional Trial Court.
Carandang is the chairwoman of the CA’s 3rd Division. She placed ninth in the 1975 Bar Exams. She graduated salutatorian at the UP College of Law. In a statement yesterday, Palace spokesman Salvador Panelo said both appointments were among the “best and the brightest” that Duterte had made to the government.