An Open Letter to President Rodrigo R. Duterte on the Appointment of the Next Chief Justice

Dear Mr. President:

We write as your fellow Members of the Bar and as Members of the Faculties of the Colleges of Law of the Central Philippine University, the University of San Agustin, and the West Visayas State University, all of Iloilo City, concerning a cornerstone of democracy and good government: the evenhanded, efficient, and expedient resolution of legal disputes.

As teachers, we emphasize to our students that the principle “Justice delayed is justice denied” is a universal norm founded on common sense, and is explicitly provided for in Article III Section 16 of our Constitution: “All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.”

And as officers of the Court duty-bound to uphold the Constitution, obey the laws of the land, and promote respect for law and legal processes (Canon 1, Code of Professional Responsibility), we advise litigants that the principle is proof that law and the Rule of Law are not empty words and ideas, but the sources of tangible rights and obligations.

We do confess, however, that we sometimes do not know what to say when litigants ask why their cases take too long to resolve.

As educators, officers of the Court, and Filipinos, we thank the Supreme Court for its efforts to eliminate, or at the very least minimize judicial delay. We also recognize that the problem cannot be solved without the support, cooperation, and action of all stakeholders.

In light of the impending retirement of Chief Justice Diosdado Peralta effective March 27, 2021, we urge you to appoint as our next Chief Justice, a person who will faithfully observe and implement Article VIII Section 15(1) of our Constitution, which states that:

“All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts.”

And we pray that our next Chief Justice ensures that the periods prescribed by our Constitution for the resolution of cases shall be treated uniformly and mandatorily in all levels of the Judiciary.

Thank you very much, Mr. President.

Iloilo City for Manila, March 22, 2021.