CJ Gesmundo: Artificial Intelligence should assist, not replace, judges’ independent judgment


Chief Justice Alexander G. Gesmundo has reminded trial court judges that they can harness technology, like artificial intelligence (AI), to assist them but not to replace their independent judgment.

“Justice is not achieved through a mechanical application of the law, but through a humane interpretation which recognizes the primacy of the individual for whom the law was made,” he said.

The Chief Justice was guest speaker during the national convention of the Philippine Judges Association (PJA) last Oct. 24 in Iloilo City.

Among all technologies, he said that AI – with its ability to rapidly analyze voluminous data sets, predict outcomes, and automate mechanical and repetitive tasks – “is transforming how legal services are delivered and how judicial systems operate.”

He said that through the Strategic Plan for Judicial Innovations (SPJI), “we have embraced AI as an integral part of our system.”

“The Supreme Court (SC) is capitalizing on AI-enabled tools to enhance court performance, notably in voice to text transcription and legal research,” he said.

At the same time, he noted that several SC offices are testing the use of AI-enabled platforms to optimize legal research and decrease the time spent on preliminary research and allow more time for analysis.

He also said that through AI, the SC is eyeing help for pro se litigants (those who are not represented by lawyers) in the generation of pleadings and pertinent legal templates for their use.

“Finally, the AI-assisted Translation/Interpretation of transcripts of stenographic notes (TSNs) and Judicial Decisions will assist in translating and interpreting TSNs and court decisions into the different native languages of the Philippines, making court processes more accessible to non-native speakers and improving overall comprehension of legal proceedings,” he added.

“Truly, we can no longer afford to turn a blind eye to the impact of technology, and AI, in particular, because it now directly affects our own work and duties. And, as technological tools start to permeate the courtroom and the legal documents, the knowledge and proficiency of judges and lawyers alike in handling these tools not only become practical concerns, but ethical ones as well,” the Chief Justice also said.

He then shared to the PJA members what he said during the recent 19th Conference of Chief Justices of Asia and the Pacific in Kuala Lumpur, Malaysia:

“Therefore, despite the current sophistication of AI tools, they cannot replicate abilities which are uniquely human, such as creativity, imagination, vision, empathy, communication skills, strategic thinking, and leadership, as these skills and capacities are people-oriented rather than legal problem-oriented.

“Judges do not merely solve academic nor hypothetical legal problems since their decisions have actual consequences. At the heart of every dispute lie real and existing individuals whose lives and liberties may rise or fall every time a magistrate pounds the gavel.

“We must remember that in resolving disputes, courts should not be merely focused on the legal subject-matter involved, but on the parties to the proceedings, who stand to suffer or benefit from our judgment.

“Therefore, the centrality of the human element is paramount despite the allure of being reliant on AI, since the court must always be guided not only by the law but also by the overarching principles of justice, reasonableness, proportionality, and fairness.”

Chief Justice Gesmundo was joined in the event by SC Associate Justice Maria Filomena D. Singh, Sandiganbayan Associate Justice Gener M. Gito, Court Administrator Raul B. Villanueva; Deputy Court Administrators Jenny Lind Aldecoa-Delorino and Leo T. Madrazo, Assistant Court Administrators Lilian Barribal-Co and Maria Regina Adoracion Filomena M. Ignacio

PJA officers present were President Byron G. San Pedro, Senior Vice-President Maria Paz R. Reyes-Yson, Vice-Presidents Mia Joy O. Oallares-Cawed, Caridad V. Galvez, Ma. Theresa E. De Guzman-Alvarez, Pablo C. Formaran III, Elisa R. SarmientoFlores, Roline Ginez- Jabalde, and Tarcelo A. Sabarre, Jr., Secretary-General Pia Cristina B. Bersamin-Embuscado, Treasurer General Hannah Cynara L. Cayton, Auditor Marlon Jay G. Moneva, Public Relations Officer Mary Jane B. Dacara Buenaventura, and Business Manager Jose Rene Dondoyano.