Judicial Mind Questions Module 6: The Bench and its Controversies 1.

Delay in the adjudication of cases is undoubtedly one of the Judiciarys most perennial problems. In light of this, despite the constitutional mandate that all cases submitted for decision before the Supreme Court should be decided within two years, it cannot be doubted that there are cases still pending before the court which have gone beyond said period. With respect to this issue, notwithstanding the availability of the process of impeachment, is it feasible for the Justices of the Supreme Court to be held administratively liable for their delay in the adjudication of cases? (submitted by: Jose-Mari H. Roco) 2. In your own experience, is there truth to the fact that the current state of the judiciary is still largely characterized by the culture of "personalan" rather than professionalism as described in Ms. Vitug's book? Please provide concrete examples. Thank you.(submitted by Karen S. Pascual) 3. In light of the controversies that plague the institution and certain personalities, what , if any, are the strategies employed to deal with the backlash and instill trust in the institution? (submitted by: Cristina de la Paz) 4. Allegations of corruption and flawed justice system are pervasive controversies. How do judges address the perceived "dirty culture" and how does this affect them as they take on the challenge the position entails? And further, how does this perception affect a judge that goes through the ranks within the Judiciary? (submitted by: Cristina de la Paz) 5. What has the effect been of the impeachment of former Chief Justice Corona? Has the impeachment of Former Chief Justice Corona , as desired by the Senators and maybe the general public, created a chilling effect within the Judiciary and curbed corruption, bribery, and other controversies? (submitted by: Cristina de la Paz) 6. What has the effect been of the impeachment of former Chief Justice Corona? Has the impeachment of Former Chief Justice Corona , as desired by the Senators and maybe the general public, created a chilling effect within the Judiciary and curbed corruption, bribery, and other controversies? (submitted by: Cristina de la Paz) 7. Social media has become a very powerful tool for the lay people to disseminate and acquire information. Its accessibility does not spare even what would have been impenetrable - the Judiciary. How does the Judiciary deal with impacts of social media (as for instance during the Corona trial, re. Court Administrator Marquez)? What facts/considerations will the Judiciary be ready to concede to the public? [Is the Judiciary ready to lose some of its 'veils'?] [ex:Will it be ready that, for instance, young lawyers or court spectators will be tweeting about proceedings and other matters that arise therefrom?] (submitted by: Maureen Z. Macaraeg) 8. What does it mean to balance the concepts of "Judicial Independence" and "Judicial Accountability? (submitted by: Noelle Buan) 9. What does public office is a public trust mean? (submitted by: Noelle Buan) a. Are you holding a public office? b. How have you lived up to what is expected of you as a holder of a public office? 10. To the extent that such information is not confidential, what are some measures that you have personally exercised to hold a fellow member of the judiciary accountable? (submitted by: Noelle Buan)

Judicial Mind Questions Module 6: The Bench and its Controversies a. How effective were these measures? 11. What are some concrete measures that you suggest in order to hold a fellow member of the judiciary accountable? (submitted by: Noelle Buan) 12. What does betrayal of public trust mean? (submitted by: Noelle Buan) 13. Did the Corona Trial create an irreparable division in the bench (and also with the staff, from clerks of justices to non-legal)? if yes, does it affect working conditions now or is our judiciary still an effective cohesive unit despite alliances formed? (submitted by: Felicci Ongchuan) 14. Aside from the constitutionally-mandated rules of seniority in the Supreme Court, in what other ways is seniority observed? (submitted by: Jose Constantino C. Militante III) 15. Since members of the Supreme Court can only be removed by impeachment, how do the other Justices "discipline" an erring Justice, if any? (submitted by: Jose Constantino C. Militante III) 16. It appears that the proclamation of GMA was a highly political act, even on the part of the judiciary. Even admitting that the said incident was an unprecedented one, how can the last bastion of democracy safeguard against politicking? (submitted by: Jose Constantino C. Militante III) 17. Will election (instead of appointment) to the judiciary be severely inconsistent with the concepts of independence and impartiality? (submitted by: Jose Constantino C. Militante III) 18. Do you think judges should be elected by the people, or appointed by a commission? (submitted by: Katherine Navarrete) 19. How can we prevent a judge from becoming beholden to the appointing authority? (submitted by: Katherine Navarrete) 20. What is your personal view on the separation of powers in the Philippines? (submitted by: Katherine Navarrete) 21. Which do you think is the more efficient and effective way of choosing the Chief Justice abiding with the tradition of appointing the most senior Justice thereby avoiding politics and promoting harmony among the justices OR basing it on other qualifications but with the danger of "lack of respect or cooperation" from the other Justices? (submitted by: Frances Pabilane) 22. Is it time to set rules for allowing Second Motion for Reconsideration instead of labeling it a prohibited pleading but granting the Motion for extraordinary persuasive reasons or in the interest of justice? (submitted by: Frances Pabilane) 23. What can you say about the partnerships made by the Supreme Court with private and nongovernment institutions on its projects (e.g. Justice on Wheels, Hustisyeah) that aim to decongest clogged dockets and make justice more accessible? Do these partnerships threaten the integrity of the judiciary? (submitted by: Frances Pabilane) 24. In the book, "The Shadow of Doubt," by Marites Vitug, she mentioned that seclusion is a way of life for the judiciary (p. 23) Seclusion would entail less interaction with the society and having a "biased" media as the sole source of information from the outside. Is this an effective training

Judicial Mind Questions Module 6: The Bench and its Controversies ground for judges or justices who would be penning legal decisions (i.e. possible lack of firsthand experience with the society)? (submitted by: Frances Pabilane) 25. Is there a room for advocacy in the judiciary? Can a judge or justice be an advocate without going beyond the legal barriers that mandate the judiciary to be independent? If you are in the judiciary, can you proactively seek protection for the marginalized sectors of the society without trampling the rights of the favored and more affluent sectors? (submitted by: Frances Pabilane) 26. In light of the Vinuya plagiarism incident (so to speak), as a judge, how do you practice and/or sharpen your decision-writing skills and where do you draw your inspiration from? Moreover, please tell us your own personal style of writing a decision as well as the proper and or formal way of writing a decision, if there is any? Mabuhay po kayo! (submitted by: Gabriel Lorenzo Ignacio) 27. SC judges are nominated by the JBC and appointed by the President.Should this process be abolished in order to avoid politicizing the judges? if so, what other process could there be in order to diminish politics in the judiciary? (submitted by: Mandy Anderson) 28. When it comes to the Supreme Court, do you think there is really transparency? (submitted by: Mandy Anderson) 29. How do the Judiciary react when a certain case (currently being heard) catches the attention of the media? Will it have an effect on the case itself? (submitted by: Kathleen Kay de Guzman) 30. How do judges/justices behave when common friends acting as emissaries of a certain party (to a case) approaches them? (submitted by: Kathleen Kay de Guzman) 31. Are there guidelines that judges/justices observe or consider when a reversal is made? If yes, what are those? Do social situations affect such decision to reverse? (submitted by: Kathleen Kay de Guzman) 32. How is the judiciary affected when judges/justices are involved in a feud? What if the feud is caused by their conflicting opinions on a particular case? How do they resolve such disagreement? (submitted by Kathleen Kay de Guzman) 33. Branding judges/justices as pro or anti human rights, government, labor, agriculture and a lot more is a common scenario, does this affect their decisions? Would they want/prefer to live up to the labels attached to them? (submitted by: Kathleen Kay de Guzman) 34. Should Justices be absolutely prohibited from interacting or associating themselves with Religious groups or affiliations? (submitted by: Jeric Angelo B. Galon) 35. Should the judiciary be completely secular to be truly impartial? (submitted by: Jeric Angelo B. Galon) 36. Is the consecutive bypass of Justice Carpio for the position of Chief Justice an indication that an independent mind works as a disadvantage when vying for the said position? (submitted by: Jeric Angelo B. Galon)

Judicial Mind Questions Module 6: The Bench and its Controversies 37. What would you rather have, a court that flip-flops its decision in its quest for truth or a court that sticks to its decision because of fear of eroding its credibility to the masses? (submitted by: Jeric Angelo B. Galon) 38. Despite the Constitutional mandate of the separation of powers of the three branches of government, the executive department always seems to have a looming presence over the courts, Where does the problem lie? How do we best solve this problem? (submitted by: Jeric Angelo B. Galon) 39. The part in the book about the feud between Justices Brion and Velasco was interesting. I saw it in the same light as the controversies regarding seniority in appointments for the CJ position, in the sense that they involved judges who may have had unfriendly relations towards each other. However, the chapter wasn't clear in how this would actually affect the workings of the SC in its mission and purpose to do justice. Could you elaborate on the relationships between the justices, and how it could concretely affect decisions made? Thank you! (submitted by: Eddan Macabulos) 40. When the book talked about Justice Puno's silence on PP 1017, it cited his caution due to his pending appointment to the CJ position. It reminded me of a reading on class describing the selection process for the judiciary in the United States, where candidates' political leanings are public, well known, and of prime consideration. In the Philippines, does this distinction between conservative and liberal have as much significance? Or is it just a matter of "staying on the president's good side?" (submitted by: Leon Caguioa) 41. Would you consider the uprising of the issues and controversies regarding the Judiciary Development Fund as one of the events that shook up the Judiciary, most especially the Supreme Court? As a follow up question, are there existing JDF issues which were remained unsettled? (submitted by: Jorella Gan) 42. Considering the current political landscape in the Philippines and the colorful turn of events in the national level, would you say that now is the perfect time for judicial activism to be highlighted? Would you agree that doing so is part of the judiciary's noble and important role in society? (submitted by: Rhealeth Ramos) 43. According to the Constitution, the Congress can increase but not decrease the appropriation for the Judiciary. How does this affect the independence of the judiciary? I heard that since the SC en banc voted 14-0 against the constitutionality, Congress has refused to increase the budget allocated to the Judiciary, notwithstanding the fact that only 1% of the national budget is allocated to it. Given this, can one say that the Judiciary still has fiscal autonomy? (submitted by: Felicisimo Agas III)