"x x x.
The US Supreme Court consists of nine judges who have lifetime tenure if they wish. Some retire early, possibly due to ill health, but the frequency of a vacancy arising is extremely low. In 2002, John Roberts, aged 50, was being considered for such a vacancy. While he was being considered, the incumbent Chief Justice, William Rehnquist, died. At the behest of President George W. Bush, Roberts was appointed Chief Justice. If any of the Supreme Court incumbents were disappointed, they did not show it.
In contrast, it is regrettable that there those in the Supreme Court of the Philippines are visibly showing limited respect to CJ Sereno.
In a recent visit to Bacolod, Sereno tried to reassure those in the Regional Trial Court that she wants their conditions of employment to be as conducive to the dispensation of Justice as possible. Perhaps following on from this undertaking, she made a decision to reopen a regional constitutional administrative office in Cebu. This has obvious advantages to Visayas-based members of the Judicial Branch in that they can handle administrative matters, such as filing leave requests, in the relative proximity of Cebu.
But Sereno’s colleagues are nit-picking her decisions, not because they disagree with it, but they disagree with her right to make it.
No organization can function if everybody is involved in every decision. If the Chief Justice decides to make a decision, her colleagues should not resist it, even if she is adopting different internal procedures. Otherwise, the Judicial Branch will become even more dysfunctional.
Sereno recently negotiated the Judicial Branch’s 2013 Budget with Budget Sec Butch Abad. We would not expect the SC to sit en banc at these negotiations.
Perhaps, members of the Supreme Court need to be reminded that Sec. II of Art VIII states that they shall hold office “during good behavior” until they reach the age of 70. Good behavior. Sereno’s job is being adversely affected by behavior from some of her colleagues which is not good. A quiet word is required. She need not, and should not, give a ‘my way or the highway’ speech, but she is entitled to more cohesiveness that she has been receiving.
x x x."