Amid diversity in judicial philosophy, can SC justices be friends?

MANILA, Philippines–After highly divisive votes on high-profile cases or strong dissent against the majority ruling, are Supreme Court justices still friends with one another?

The answer is “yes” and Chief Justice Lucas Bersamin, during his retirement ceremony Friday, made sure to pay tribute to his colleagues at the high court in a very lighthearted speech.

‘Differed a lot’

Bersamin led off his farewell message by thanking Associate Justice Marvic Leonen, who stood as the master of ceremonies during the en banc (full court) session for the Chief Justice’s retirement ceremony.

“I thank my colleague Justice Marvic Leonen with whom I differed a lot,” Bersamin said, adding he was grateful the youngest appointee to the high tribunal since 1938 agreed to serve as host of the event.

Bersamin, the 25th Chief Justice of the Supreme Court, will reach the high tribunal’s mandatory retirement age of 70 on Friday, October 18.

“Did we fight?” he asked Leonen, who locked horns with Bersamin in various cases.

On a personal level, they didn’t.

In fact, Leonen lauded Bersamin for treating the associate justices as coequal.

“I think we have become very good friends and I think that’s how the Chief Justice is. He is very collegial,” Leonen said in an interview with CNN’s The Source.

“He told me ‘just say anything’ and I said ‘are you sure’ and he said ‘yes’,” Leonen said, quoting Bersamin.

“He thinks it is important to send a message that despite our ideological differences in judicial philosophy, we can still act as an institution,” he added.

Some of Bersamin’s notable ponencias where Leonen dissented were the acquittal of former President Gloria Macapagal-Arroyo on plunder charges, reversal of the ruling in the case of the Flight Attendants and Stewards Association of the Philippines against Philippine Airlines and the granting of bail to former senator Juan Ponce Enrile, who is facing plunder trial  for his alleged involvement in the pork barrel scandal.

In the Enrile case, Leonen went as far as dismissing the ruling as a “special accommodation.” Bersamin chided Leonen, saying his remark was a “gross distortion” of the high court’s decision.

But during his retirement ceremony, Bersamin called Leonen as “my younger brother from the Cordillera.” Bersamin hails from Bangued, Abra while Leonen is from Baguio City.

Chief Justice Lucas Bersamin

Tribute to senior colleagues

Associate Justice Alexander Gesmundo was commended for his advocacy on legal education. “Please be unwavering in your advocacy even after my retirement,”  Bersamin said.

He reminded Gesmundo to “stay the course” when it comes to quitting cigarettes.

As for Associate Justice Andres Reyes Jr., Bersamin took note of his generosity especially in times of conflict.

“I thank Justice Andres Reyes Jr. for his well-known generosity each time we have a misunderstanding. I can expect to see two boxes of chicken barbecue plus a cake,” Bersamin said, laughing.

For Associate Justice Alfredo Benjamin Caguioa, the Chief Justice said: “I thank you also for just being you, Ben. I have always valued your opinions many of which I have adopted without hesitation even if they initially conflicted with mine just because you were right after all. I wish you to continue being strong and persistent in your opinions.”

On the other hand, Bersamin said he did not complain when Associate Justice Estela Perlas-Bernabe would tell him during deliberations that he was wrong or misdirected in some of his arguments because “I was easily charmed by the way you explain things.”

For Associate Justice Diosdado Peralta, Bersamin said their friendship resulted “in our becoming kindred spirits in law.” They have been friends since they were lower court judges in Quezon City in the early 90s.

Epitome of professionalism

Like Leonen, who said Senior Associate Justice Antonio Carpio was the “justice of the justices,” Bersamin said the senior associate justice “has been a leader in the court.”

“Justice Tony [Carpio], you are soon retiring like me [but] you have enough legacy to last the rest of your lifetime and beyond. I thank you for the valuable insights that you shared with us not only during deliberations but also over the lunches and coffee.”

“We may not have been on the same side in some issues but you have never taken anything personal. You were the epitome of professionalism on the court. It is hard for me to imagine how the deliberations of the court will be like after your retirement,” he said. Carpio will retire a week after him on October 26.

For newly-appointed members of the tribunal–Associate Justices Jose C. Reyes Jr., Ramon Hernando, Rosmari Carandang, Amy Javier, John Paul Inting and Rodil Zalameda–Bersamin has this to say:

“May you quickly adapt to the rigors of dealing with court business in the Supreme Court on a daily basis. Thank you for your support and cooperation during my stint as Chief Justice.”

Nothing personal

True enough, Leonen said fierce debates at the country’s highest court are no reason to sever personal ties. Or, on the other hand, let friendship interfere with their work.

“You will disagree with them on how they read the case, how they read the law, their approach in reading the law but as human beings, you should be able to make that distinction that you are there on a professional ability,” he told CNN.

“You cannot give in to your personal friendships because the whole nation and entire institution are at stake,” he said.

But when they call it a day and take off their robes, they are like everybody else.

They talk about family matters, Leonen said, and “we go through traffic together.”