Written by Jesse Edep
While there are many qualities that we appreciate in judges across the gamut of judicial philosophy, there are few that are noticeable: mastery of the law and recognition of the limits of the judicial role.
However, these qualities alone are not enough for anyone who would sit in our nation’s appellate court. Samuel Gaerlan, who was sworn in as a justice of [the] Court of Appeals (CA) on July 15, says there’s something more.
He says it is experience that can give a person “a common touch and a sense of compassion.” And that is why it is an essential component in the kind of justice that we need.
Gaerlan, who used to be а presiding judge of Branch 92 of the Regional Trial Court (RTC) in Quezon City, has worked at almost every level of our judicial system, providing him with a range of experience and perspective valuable to a CA justice.
He was designated as a judge in an RTC in La Union in 1993, serving this post until his appointment to an RTC in Quezon City in 2004. Also, he had previously worked as a public attorney and a law professor.
Gaerlan’s manner of handing down decisions earned the respect of his colleagues on the bench, the admiration of many lawyers who argue cases in his court, and the adoration of his clerks who look to him as a mentor.
An alumnus of San Beda College of Law, Gaerlan garnered reputation as a sharp and fearless jurist who does not let powerful interests bully him into departing from the rule of law.
He says he has intense awareness of the law’s impact on everyday life. Не works tirelessly to probe both the factual details and the legal doctrines in the cases before him and to arrive at decisions that are faithful to both.
“Upholding the rule of law means going beyond legal theory to ensure consistent, fair, common-sense application of the law to real-world fact.” says Gaerlan.
His appreciation of the real-world implications of judicial rulings is equaled by his reasonable pragmatism in evaluating the actions of law enforcement officers.
For instance, while he was still a judge, he has junked charges filed against former Assemblyman Homobono Adaza, and four others over an attempt to unseat the Arroyo administration.
“There is no iota of proof being offered in their respective statements that will clearly show how the crime of coup d’etat will be carried out,” he notes.
Gaerlan’s judicial opinions are marked by conscientiousness, depth and unflashy skill. If they are not always a pleasure to read, they are usually models of modern judicial craftsmanship, which prizes careful attention to the facts in the record and a methodical application of layers of legal principles.
Excerpt from thebarrister’s 2009 issue