THE GARGANTUAN CHALLENGE ON SERENO'S SHOULDERS

So, the Justices skip flag ceremony with Sereno for the third time (Inquirer, 09/17/2012).

In my view, CJ Sereno need not worry too much about that.  I am sure the Justices -- at best only the senior amongst them whom PNoy bypassed in favor of their youngest peer, Sereno -- will sooner or later come to their senses and stop boycotting the flag ceremonies.  Of course, they cannot afford to do that permanently.  As so-called Honorable Justices, they themselves fully know they have been unduly snubbing an otherwise nationalistic tradition and so doing they are leaving a bad taste in the people's mouth.

If I may use some metaphors, that which these Senior Justices are doing is a whip to the cow that is intended for the horse, the cow and the horse being CJ Sereno and President Aquino, respectively.  Their axe to grind is, truth to tell, against PNoy's many unprecedented firsts in this country's political history, such as swearing not before the Chief Justice on his inauguration, impeaching a sitting CJ, breaking the time-honored tradition of selecting a new CJ only from among the Senior Justices.  The last one is definitely what the Justices cannot let pass unnoticed:  imagine that not one of them will no longer be able to realize most lawyer's ultimate dream to be Chief Justice in his lifetime.  Whether we like it or not, Sereno's appointment has also obliterated the chances of the next three presidents after Pnoy to name the Chief Justice of his choice.  The latter is of course entirely irrelevant and moot if Sereno would end up to the most desirable Chief Justice that the whole nation really wants until she retires in 2030.  In these fast-changing times, this is probably the biggest challenge that any Chief Justice, not only in these parts but elsewhere in the world, has faced, and will ever face, in his career.  In addition to her qualifications, as PNoy saw them but many others belittle,  suffice it is for me to wish  CJ Sereno all the luck there is in Planet Earth in proving her worth.

Having said the above, methinks the much ballyhooed equilateral triangle of power and of checks and balances among the executive, legislative and judicial branches of this government is more of myth than fact, at least in one seemingly unnoticed consideration.  I mean, the President is elected by the people and appoints the Justices;  our lawmakers, also elected by the people, in turn elect their respective heads: the Senate President and the House Speaker;  and yet it is still President that appoints the Chief Justice from among the Justices he has also appointed.  Doesn't it more logically follow that the Justices should also vote among themselves and also elect their Chief?  With  with that put in place -- of course only by constitutional amendment -- the problem, if indeed a true problem it is, related to CJ Sereno, will no longer recur.