CJ applicant Hernando weighs in on drug war

During a public interview organized by the Judicial and Bar Council (JBC), Supreme Court (SC) Associate Justice Ramon Paul Hernando on Friday weighed in on possible constitutional issues in connection with the government’s controversial campaign against illegal drugs.

An appointee of President Rodrigo Duterte, Hernando told the body vetting his application for chief justice that he would look into possible cases of unlawful searches and seizures if he were the justice in charge.

“In many of the drug cases that have come up to the Supreme Court for review, a number of those cases involved searches and seizures of drugs whether in flagrante delicto (caught in the act of committing a crime) or by virtue of buy-bust operations,” he explained.

“So that would be one matter into which the Court can look into.”

Hernando also wanted to know whether the authorities respected the rights of drug suspects.

JBC member and retired SC justice Noel Tijam, however, clarified that he only posed a hypothetical question to Hernando and that his query had no reference to an actual case.

The SC has yet to rule on the petitions seeking to declare the drug war unconstitutional.

Thousands of Filipinos have died since Duterte launched an intensified drive against illegal drugs in 2016 as critics raised numerous cases of human rights violations.

Malacañang has repeatedly said the drug-related deaths were consequences of police operations when the suspects violently resisted arrest and endangered the lives of the law enforcers who acted in self-defense, which is sanctioned by law.

Asked by Tijam if he had “qualms” about ruling against the President, Hernando said, “I have no such qualms whatsoever, Your Honor. My fealty would be to the Constitution and not the appointing authority.”

During the interview, Hernando was also asked whether he considered his age as an advantage in case he gets the appointment.

The 54-year-old replied, “I think it’s definitely an advantage.”

“I’m still young to be able to tackle the very hard work that a chief justice has to go through in the Supreme Court, which is supervising the entire judiciary. And also with regard to the plans for the Court, I think the 15 years would be an ideal time for me to be able to finish concrete plans [for the Court and the judiciary],” he said.

The two other applicants for top magistrate are Senior Associate Justice Estela Perlas Bernabe (68 years old) and Associate Justice Alexander Gesmundo (64 years old). The mandatory retirement age for justices is 70.

Hernando’s plans included eradicating the backlog of cases, establishing vital infrastructure such as courthouses, strengthening anti-corruption measures, and institutionalizing bar examination reforms. — DVM, GMA News