De Lima did not have the votes. Period.

MANILA, Philippines – The 8-member Judicial Bar Council (JBC) was split, 4-4, on the suspension of its own rule that disqualifies candidates with pending cases from getting nominated to the position of chief justice, based on JBC member Iloilo Rep Niel Tupas Jr’s own count.

The suspension would have benefitted Justice Secretary Leila de Lima, who was the reported choice of President Benigno Aquino III for chief justice.

“We agreed she’s disqualified. We took up the motion to suspend [JBC rules]. As much as possible the JBC would like to decide based on consensus. Yesterday, we discussed it. It was actualy 4-4. Four in favor and four against. We didn’t anymore put it to a vote. Hati [Divided]. The motion [would have been] defeated,” Tupas told reporters in the House of Representatives.

The number also indicates that De Lima would not have gotten the minimum number of 5 votes for a nominee to make it to the shortlist.

There was no formal voting, Tupas clarified. He refused to name the JBC members who were in favor of or were against the rule’s suspension.

Malacañang’s attempt

The motion to suspend the JBC rules was the last thing they took up before they voted on the shortlist, he recalled.

Before the voting, there were last-ditch attempts from Palace Undersecretary Frederick Musngi to appeal to JBC members to suspend its rules and include De Lima.

“Nagbiro pa siya na last day na niya ngayon at ‘next time, makikita niyo si Secretary De Lima to attend kaya i-consider niyo na,'” narrated Tupas. 

What worked vs De Lima

Before the JBC’s Monday meeting, 3 candidates stood to benefit from the JBC’s suspension of its rule on disbarment: De Lima, Solicitor General Francis Jardeleza and Securities and Exchange Commission (SEC) chair Teresita Herbosa. The Supreme Court earlier dismissed the disbarment case against Acting Chief Justice Antonio Carpio.

Acting on motions for reconsideration, the JBC ruled that Jardeleza and Herbosa were qualified. On the other hand, the Integrated Bar of the Philippines previously ordered a full-blown investigation of the disbarment complaints against De Lima.

This hurt De Lima’s chances, Tupas said. “To suspend the rules, originally, 3 will benefit. But yesterday, only one [stood] to benefit. It’s one issue na hindi nag-favor sa kanya. Dahil isa lang ang mag-benefit,” he added.

Reacting to De Lima’s attacks against the JBC, Tupas said De Lima was not “singled out.”

“She was never singled out. It was really based on the rules of the JBC,” Tupas.

Tupas said there was also a discussion on the seeming rush that the SC took to dismiss Carpio’s case. The SC pointed out that it had already ruled on the issue – that a sitting SC justice can only be removed through impeachment, not disbarment.

Singled out?

Tupas said the case against Herbosa turned out to have been dismissed already.

The case against De Lima is also different from the case against Jardeleza, said Tupas. JBC ruled there was no “prima facie” evidence against Jardeleza. “Matagal na yung case ni Jardeleza. Inupuan lang ng SC,” added Tupas.

Tupas said it’s now up to the President to make his choice from among the names they included in the shortlist.

Asked about the possibility of the President returning the list to the JBC, Tupas said: “I don’t think the President will do that. The President will respect the Constitution. I don’t think it will happen,” he added. – Rappler.com

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• Questions for chief justice candidates
• JBC should review process of choosing CJ
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