Villanueva: 'The clergy should not meddle in matters of the state'
abs-cbnNEWS.com | 12/23/2008 2:24 PM
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These are excerpts from our interview with Cesar Villanueva, dean of the Ateneo College of Law, who is shortlisted for the Supreme Court, and the Judicial and Bar Council public interview. Our researcher Purple Romero conducted the interview in November 2008 while the JBC held its public interview early December. Romero took down notes during the latter interview.
abs-cbnnews.com/Newsbreak interview
Is this your first time to be nominated to the High Court?
Villanueva: Yes. I was nominated by retired justices [Jose] Melo and [Jose] Vitug.
Why did you accept the nomination?
Villanueva: It’s a huge honor, coming from these very respected former members of the judiciary. They believe that I am qualified for a position in the Supreme Court.
Have you been talking to them about this nomination for a long time?
Villanueva: The first time they talked about it was last year, when it was clear that there are going to be several vacancies in the Supreme Court. They wanted somebody in the Supreme Court who has a strong background not only in constitutional issues but moreso on economic and commercial issues.
You have your own firm which specializes in commercial law.
Villanueva: I’ve been the chairman of the commercial law department of the Philippine Judicial Academy for quite a while, trying to strengthen the commercial law capability of judges.
You’re one of the three nominees from the private sector. What's your edge over the other two?
Villanueva: I think it’s basically my involvement in the academe. I’ve been a student of commercial law for such a long time. I practice it, I know the demands. The other thing, of course, is that I've been working very closely with the Philippine Judicial Academy for many years now, strengthening the commercial law system in this country. I’m hoping that would be my valuable contribution.
What’s your judicial philosophy?
Villanueva: It’s important for the Supreme Court of a developing country such as ours to protect our human rights, to promote that, but at the same time, to use judicial activism as a means to provide for opportunities that are otherwise not available, to use them to allow our laws to be flexible and be dynamic.
We are part of the global system, and therefore we must look at our laws not in isolation, for if we do, we would be less competitive. And we would not be able to bring into our shores the development that is for our people. Our professionals, our businessmen, especially our workers, are out in the world. Our plethora of workers not only send their hard-earned money back home, they also indicate, when they come back, what kind of society they want. To me that’s important.
What are the roots of this philosophy?
Villanueva: Sometimes we think of ourselves as a difficult nation to govern, and most of our people have not seen what is available, what kind of standards of living there are, even in our neighboring countries such as Singapore and Hong Kong. We tend to think that life is hopeless, and yet when we expose ourselves, we see that Asians like us could have a good life under the rule of law, and it is something that people would demand as a matter of right.
And it goes beyond just being able to be protected in your dignity. I think I would express it best when a couple of decades ago I started to teach corporation law, I would tell my class, the best of you would probably be more concerned with political law, constitutional law, because these seemed to be the important issues.
The sexy issues.
Villanueva: That’s right. But I’m here, because in a class of 40, there would be one or two who would give their life to commercial law, then probably we’ll be a better country. Because we Filipinos are fond of knowing what our rights are, we march in the streets, we shed blood to prove what we believe. Over the years, we are a nation of marchers, we tried to survive in democracy, and all those decades, our neighbors, the Singaporeans, the Taiwanese were actually manning their stores.
And after two decades, we’re still out there, trying to fight for our human rights, and yet our neighbors have a voice in the world stage. And my hope is that a few of us would actually help the Filipinos who would want to man their stores, who want to do the unsexy thing of manning their stores on a day-to-day basis.
I would always tell my students, because of what’s happening, you shouldn’t think that you are studying law because at the other side of the bargaining table would be a UP graduate, a San Beda graduate. I tell you frankly, it would be a Singaporean, a Hong Kong guy, a Taiwanese lawyer, and that’s what we are preparing you for, to have a world view, to be able to have a Filipino clientele, and be able to represent them using what you understand in international law. That’s the hallmark, I wanted commercial law to be seen as something relevant.
Among the practitioners of commercial law, who do you look up to?
Villanueva: He once was a dean of Harvard Law school, he wrote a book on corporate law and how he approaches it in terms of transactions. Otherwise my commercial law has a mooring in commercial law authorities in this country like Justice Vitug, who’s one of the great minds when it comes to commercial law and Agbayani, a great author of commercial law. He then became a governor of Pangasinan and the academe lost him. And the other one would have to be Sen. Jovito Salonga because I keep a copy of his corporate law book, even today that’s a treasure.
Chief Justice Puno talks about human rights and the Court promulgated the writ of amparo, writ of habeas data under his leadership. Do you have a similar definition of judicial activism?
Villanueva: Frankly, judicial activism for me began to a great extent with Chief Justice Hilario Davide. He was a dynamic person then. And APJR [Action Program for Judicial Reform] was intended to be a long-term program to make the judiciary really one of the great pillars of the society. During his term, the RTC commercial courts were instituted, and interim rules of corporate rehabilitation were done.
It reached its expression during Chief Justice’s Panganiban’s term when he did a series of seminars under the aegis of liberty and prosperity. There was an international forum on it and basically it talks about that philosophy, that the Supreme Court of a nation such as ours, relatively poor, one that is trying to find a voice in the world stage, the most important thing is service to the people.
With your representation of various corporations and businessmen in cases, how would you ensure your independence in the Supreme Court?
Villanueva: When you’re there and sitting with some of the best legal minds, some of the most patriotic people, and knowing that you can move the direction of the Constitution and the legal system, you have such an important responsibility. And the process by which they (justices) are selected, to a great extent, they may not may be of a single voice, and probably that’s a good thing, but they are able to help one another in the Supreme Court, and that may clear the priorities and the issues that need to be resolved, by and large, it becomes an independent body.
How did you know Justices Vitug and Melo?
Villanueva: Justice Vitug, as a member of the core professor in PHILJA. Justice Melo, I’ve known him for quite a while and over the years he has looked into what I was doing and he has become interested (laughs).
2008 JBC interview
What can you contribute to the Court? How will you improve the judiciary?
Villanueva: My academic background in commercial law, years of experience in dealing with businessmen, investors, litigants and my contributions to the Philippine Judicial Academy (as chairman of the commercial law department and member of the academic consultants group).
How do you intend to cope with pressures?
Villanueva: With the same type of integrity that I have displayed in my career. Almost everyday, lawyers meet pressures.
Are you in favor of retaining the expanded jurisdiction of the Supreme Court?
Villanueva: Yes. Our people are safer with the power of judicial review.
How could you help maintain the independence of the court?
Villanueva: Actions more than words. Not only in decisions that I write, but also in my conduct.
There’s a growing sentiment to amend the Constitution. Will you recommend amendment of provisions on the economy?
Villanueva: Some of the nationalization aspects of the Constitution should be amended. Our businessmen could compete with the rest of the world…fear of foreign domination should be taken out of the Constitution.
Are you in favor of the revival of death penalty?
Villanueva: No I’m not. I do not believe in death penalty.
What is your net worth?
Villanueva: P20-P25 million.
Would you be willing to submit your Statement of Assets, Liabilities and Networth?
Villanueva: Yes. Transparency in net worth is important for those who wish to serve the public.
What are your thoughts on open voting?
Villanueva: That would be ideal. But coming from the private sector, there are certain decisions that should be done through secret balloting.
What are your thoughts on procedures of the Supreme Court that are not known?
Villanueva: Like the executive privilege, procedures of the SC should best be kept secret to preserve their solemnity. Justices would be vigilant if they know that exchange of discussions is done in closed fashion.
What should be the manner of amending the Constitution?
Villanueva: For purposes of academic discussion, the Senate and the House of Representatives should vote separately.
What is your concept of the separation of Church and the State?
Villanueva: I believe that the clergy should not meddle in matters of the state.
