Supreme Court Associate Justice Diosdado Peralta said on Wednesday that he has the experience and capability to lead the judiciary when Chief Justice Lucas Bersamin retires on Oct. 18.
“If I remember what I have experienced since I started working, mahirap eh. I think I deserve to be chief justice because I worked very hard all these years,” Peralta told members of the Judicial and Bar Council conducting public interview on four magistrates aspiring for chief justice post to be vacated by Bersamin who will reach his mandatory retirement age of 70 two weeks from now.
“I’m not a topnotcher, I’m not an honor student, because that’s what they say hindi naman daw ako topnotcher, hindi naman ako honor . . . But I think, I was able to compensate with the work that I had as a public prosecutor, as a judge, as an associate justice of the Sandiganbayan, as a presiding justice, associate justice of the Supreme Court, as a lecturer and chairman of several committees, I think they are more than enough to compensate with what they say that I do not deserve [to become chief justice],” said an emotional Peralta.
Appointed as magistrate to the SC in 2009, Peralta is the most senior candidate during his third attempt for the chief’s post in a year.
Also vying for chief justice post are Associate Justices Estela Perlas Bernabe, Andres Reyes Jr. and Jose Reyes, Jr.
Peralta, who was appointed as SC magistrate by former President Gloria Macapacal-Arroyo, said that he was not competing with his “qualified” co-applicants.
The Laoag native and University of Santo Tomas law alumnus started out as a public prosecutor in 1987, then went on to become a trial court judge, an associate justice and later the presiding justice of the Sandiganbayan, and a professor before he was appointed to the SC.
Peralta appealed to the JBC members to take his work experience into consideration “that there is hope for an individual like me.” He apologized for being emotional, saying “that’s me.”
When JBC members asked Peralta what he thought of the impression that he is arrogant, Peralta instead described himself as “sobrang bait” to his colleagues and staff that when he goes abroad, he made sure that each one has a gift.
Peralta clarified that his “arrogance” is a misinterpretation of his being passionate with his work.
“Friendship ends when it comes to work,” he said.
“I am not arrogant. Masama pakinggan, but thank you for bringing that up because I had the opportunity to explain who I really am,” Peralta said.
Peralta authored the decision on People of the Philippines vs Romy Lim where the Supreme Court acquitted a man previously convicted of selling shabu because his arresting officers did not follow the chain of custody rule in marking the shabu sachets allegedly found on him in 2010.
In his ruling, he said that the SC set a policy for law enforcement to comply with the dangerous drugs law’s provision requiring the presence of the proper witnesses during the inventory of seized drugs and to justify any noncompliance.
During the interview, Peralta admitted that he was “shocked” that judges had used the ruling to acquit suspects, explaining that the rules say the court may dismiss the case for lack of probable cause “without prejudice” to refiling.
According to him, the SC decision led to “better filed” cases and will also help the accused “because if the case is properly built up… the accused can intelligently prepare before trial.”
Some of the controversial cases that Peralta voted for include the affirmation of the constitutionality of martial law in Mindanao and its subsequent extensions; the ouster of former chief justice Maria Lourdes Sereno; and the continued detention of Senator Leila de Lima.
Peralta concurred in Bernabe’s ruling that declared the Priority Development Assistance Fund or pork barrel as unconstitutional. He also voted in favor of the acquittal of former president Gloria Macapagal-Arroyo of plunder over the P365-million Philippine Charity Sweepstakes Office intelligence fund scam.
He also wrote the decision allowing the burial of former president Ferdinand Marcos at the Libingan ng mga Bayani and the ruling that retroacted Republic Act No. 10592, or the expanded law on good conduct time allowances, which can reduce the sentence of an inmate who complies with prison rules.
Peralta will retire from the 15-member bench when he reaches 70 years old in 2022.