Diokno wants appointment process in judiciary insulated from politics
Published May 7, 2019 06:15 pm
By Hannah Torregoza
Human rights lawyer and Otso Diretso senatorial candidate Manuel “Chel” Diokno said that one of the things he would pursue should he win in the 2019 midterm elections would be to initiate changes in the appointment process of members of the judiciary and the prosecution service to insulate it from partisan politics.
Otso Diretso senatorial candidate and human rights lawyer Chel Diokno (RIO LEONELLE DELUVIO / MANILA BULLETIN)
In an interview with the Manila Bulletin, Diokno said one of his advocacies is to depoliticize the justice system in the country by way of decentralizing the appointment of justices and prosecutors.
Diokno said one of the major problems in the justice system is that all appointments in the prosecution and the judiciary are centered on just one person – that is the President.
“I would support legislation that would decentralize those appointments,” Diokno told editors and staff during the MB Hot Seat.
“In fact, if ever they open up the Constitution for amendments – I’m not in favor of doing that, but if it happens – the only amendment I would like to see is to change the appointing process for judges (and prosecutors),” Diokno further said.
Diokno likewise said he is not in favor of the shift to federalism.
At the same time, the human rights lawyer said he would rather push for the creation of an independent council, with members from respected members of society – who would be in charge of the vetting process.
“We can still make the President the signing authority for the appointment, but it would be a nominal job than discretionary,” he explained.
“Kapag binigay sa kanya, di na niya pwedeng sasabihin di ko gusto yan, eto i-appoint ko (Once given to him, he can no longer say I don’t like that, I will appoint this). That way you insulate the appointment process from politics,” he said.
At the same time, Diokno said that should he win in the elections, one of the things he would propose is the mandatory lifestyle checks on members of the judiciary, “at the very least, including those in the highest courts.”
“I also think that the SALNs (Statement of Assets and Liabilities and Net worth) should be published every year, rather than the ordinary press or citizen having had to request for copies of the SALN of a judge),” he said.
He also said the higher courts can just publish it online, “so that there’ll be no issue on what they own, what their assets and liabilities are.”
Diokno also said one of the issues he wants to resolve in the country’s justice system is the lack of accountability in the judiciary.
“I think there is one institutional stumbling block to accountability. There’s a very old Supreme Court decision way back in 1993, involving the Ombudsman where the SC said the Ombudsman cannot investigate any judge, and any member of the judiciary for any criminal liability unless the SC investigates that judge first,” he pointed out.
“So if that judge has many friends in the SC, tendency is that judge can elude an administrative investigation. He cannot be investigated by the Ombudsman. Not even a lifestyle check.
“I think they should be subjected to lifestyle check, because no one should be above the law,” he stressed.
Otso Diretso senatorial candidate and human rights lawyer Chel Diokno (RIO LEONELLE DELUVIO / MANILA BULLETIN)
In an interview with the Manila Bulletin, Diokno said one of his advocacies is to depoliticize the justice system in the country by way of decentralizing the appointment of justices and prosecutors.
Diokno said one of the major problems in the justice system is that all appointments in the prosecution and the judiciary are centered on just one person – that is the President.
“I would support legislation that would decentralize those appointments,” Diokno told editors and staff during the MB Hot Seat.
“In fact, if ever they open up the Constitution for amendments – I’m not in favor of doing that, but if it happens – the only amendment I would like to see is to change the appointing process for judges (and prosecutors),” Diokno further said.
Diokno likewise said he is not in favor of the shift to federalism.
At the same time, the human rights lawyer said he would rather push for the creation of an independent council, with members from respected members of society – who would be in charge of the vetting process.
“We can still make the President the signing authority for the appointment, but it would be a nominal job than discretionary,” he explained.
“Kapag binigay sa kanya, di na niya pwedeng sasabihin di ko gusto yan, eto i-appoint ko (Once given to him, he can no longer say I don’t like that, I will appoint this). That way you insulate the appointment process from politics,” he said.
At the same time, Diokno said that should he win in the elections, one of the things he would propose is the mandatory lifestyle checks on members of the judiciary, “at the very least, including those in the highest courts.”
“I also think that the SALNs (Statement of Assets and Liabilities and Net worth) should be published every year, rather than the ordinary press or citizen having had to request for copies of the SALN of a judge),” he said.
He also said the higher courts can just publish it online, “so that there’ll be no issue on what they own, what their assets and liabilities are.”
Diokno also said one of the issues he wants to resolve in the country’s justice system is the lack of accountability in the judiciary.
“I think there is one institutional stumbling block to accountability. There’s a very old Supreme Court decision way back in 1993, involving the Ombudsman where the SC said the Ombudsman cannot investigate any judge, and any member of the judiciary for any criminal liability unless the SC investigates that judge first,” he pointed out.
“So if that judge has many friends in the SC, tendency is that judge can elude an administrative investigation. He cannot be investigated by the Ombudsman. Not even a lifestyle check.
“I think they should be subjected to lifestyle check, because no one should be above the law,” he stressed.