Christmas Gifts

It’s an early Christmas for some people in government.

 Chief Justice Panganiban’s appointment has drawn its share of controversy. It’s interesting how the opinions vary along the same lines as the political battle currently raging in our country.  Opposition politicos are guarded while administration stalwarts hail the new appointee. 

There were concerns on both sides though:  (a)  that the 12 month term of CJ Panganiban will ensure his leadership will not have any impact on the Judiciary and will pose little threat to the Lady who holds fort along the Pasig (the “revolving door” policy); and, (b) that the President ignored a time-honored practice (some people called it a “tradition”) of appointing the most senior justice to the position of Chief. 

As to the first, time will tell whether CJ Panganiban’s claim of independence will come true.  How he votes and leads the Court through various cases important to the Administration will be the litmus test and sad to say, might be the hallmark of his tenurs as CJ.

As to the second, I can’t say I’m fond of the seniority rule because it fails to give consistent results.  I say, let the best man win and for that matter, even if he’s the latest appointee.  Just look at CJ Roberts at the US Supreme Court.  In the case of the latest appointment, of course, I dare say the vast majority of lawyers would hold that as a jurist, Justice Puno is the hands-down winner.  If only it were that simple. 

I respect the fact that Justice Puno will not opt for early retirement.  Why should he?  He deserves to retire as a Chief Justice and there’s still time and seniority to keep that dream alive.   

The other Christmas appointee is Napoleon Morales who will head up the Customs Bureau as OIC.  Still, I imagine his photo-finish appointment means that those folks who gave Christmas gifts to his predecessor, Alexander Arevalo, will now have to shell out another one for the new OIC.   Double whammy. But hey, that’s life.