Lawyer seeks SC help in JBC disqualification issue

MANILA, Philippines – The road to the seat vacated by Renato Corona has gotten more complicated.

An official of the country’s biggest lawyers’ group has brought to the Supreme Court the disqualification issue dogging 3 nominees for chief justice — Justice Secretary Leila de Lima, Solicitor General Francis Jardeleza and Securities and Exchange Commission chair Teresita Herbosa.

But the Judicial and Bar Council (JBC) is already set to decide on the issue today, Monday, August 13. On the other hand, the High Tribunal is scheduled to act on the petition on Tuesday yet, August 14.

Israelito Torreon, one of the 9 governors of the Integrated Bar of the Philippines (IBP), wrote Acting Chief Justice Antonio Carpio on August 7 asking the SC to step in and exercise its authority over the JBC.

“I pray that the Honorable Court will exercise its supervisory authority over the Judicial and Bar Council by preventing or disallowing any hasty YET SUBSTANTIAL amendment of the JBC rules specifically the proposal of Cong. Tupas to amend Rule IV (Integrity) Section 5 on disqualifications,” Torreon wrote. 

SC spokeswoman Ma. Victoria Gleoresty Guerra told Rappler that Torreon’s letter was originally part of the agenda on August 10, but that this would be tackled instead on August 14.

If the JBC would have made its decision by then, would the SC still overrule it?

JBC rules disallow nominees facing administrative or disbarment cases from aspiring for judiciary posts. But Ilolio Rep Niel Tupas Jr, a member of the JBC, called this rule “unfair” and asked his colleagues last Friday, August 10, to reconsider. They were deadlocked on the matter and decided to meet again on it today.

De Lima, the apparent choice of President Aquino for the post, could be disqualified because she has 3 pending disbarment cases that the IBP has decided to investigate.

The President himself has admitted to reporters that Palace legal staffers were assisting De Lima in sorting out the issues she’s facing in the JBC. It was Palace Undersecretary Frederick Musngi, a member of the JBC, who pushed for the suspension of the rule when the JBC met last August 10. (Musngi replaced De Lima who, as justice secretary, is entitled to one JBC seat. Mungi’s appointment is also being questioned, since he is not from the justice department.)

Sources said 3 of the 8 members of the JBC — Justice Diosdado Peralta, JBC presiding officer, retired Court of Appeals Justice Aurora Lagman and IBP representative Milagros Fernan-Cayosa — opposed Musngi’s proposal. They reportedly argued that since the cases concern the candidates’ integrity, the JBC should vote on rule suspension unanimously.

Rule 10, Sec.2 of the JBC Rules states that, “In every case where the integrity of an applicant who is not otherwise disqualified for nomination is raised or challenged, the affirmative vote of all the Members of the Council must be obtained for the favorable consideration of his nomination.”

Accommodating a ‘favorite’

Torreon said in his letter to the Court that if Tupas insists on amending the JBC rule on disbarment, public consultations should be held. He added that the amendment should also be published first in newspapers before it becomes effective. 

The IBP governor from Eastern Mindanao added that amending the rule just in the time for the JBC to finalize its shortlist “speaks of nothing but an already too obvious accommodation of a favorite who just does not fit the list under the present rules.”

Ironically, this was the same accusation hurled against former President Gloria Macapagal-Arroyo when she insisted on naming Corona as chief justice in May 2010 and ignored the election appointments ban at the time. Mrs Arroyo also tapped an ally in the JBC during that period to initiate the selection process for a new chief justice.

The selection process for the next chief justice has encountered various legal obstacles, causing delays in the JBC’s submission of a shortlist of nominees to President Benigno Aquino III.

Congressional representation in the council was earlier questioned. The Supreme Court decided that both the Senate and the House should only have one seat in the council, but backtracked following a motion by both houses.

This and the issue on disbarment prompted the JBC to postpone its final decision for 5 times already. Today, however, the council is expected to resolve the disbarment issue and vote on its shortlist.

Under Rule 4, Section 5 of the JBC rules, the following are considered disqualifed from “appointment to any judicial post or as Ombudsman or Deputy Ombudsman:”

• those with pending criminal or regular administrative cases
• pending criminal cases in foreign courts or tribunal
• those who have been convicted in any criminal case; or in an administrative case, where the penalty imposed is at least a fine of more than P10,000, unless he has been granted judicial clemency

The President has until the end of August to name the replacement of Corona, who was removed by the Senate impeachment court last May 29 over his failure to declare millions of bank deposits. – Rappler.com

More in #SCWatch:

• De Lima did not have the votes. Period.
• JBC: How they voted on CJ shortlist
• JBC disqualifies De Lima from CJ race
• How JBC’s 5 votes can change the game
• 22 official candidates for Chief Justice
• JBC to interview CJ candidates starting July 24
• 25 accept nominations for chief justice
• Questions for chief justice candidates
• JBC should review process of choosing CJ
• Besides JBC, Palace has judicial search committee
• CONVERSATIONS: How should the JBC choose the next chief justice? #SCWatch