Congress retains 2 seats in JBC – SC

MANILA, Philippines (2nd UPDATE) – The Supreme Court on Friday, August 3, decided to retain — for now — the two seats that Congress has in the Judicial and Bar Council (JBC).

The SC justices’ decision comes a day after oral arguments on the case. They ruled that Congress can retain its seats in the meantime.

Senator Francis Escudero, one of the two representatives of Congress in the JBC, welcomed the decision.

“I am glad that Congress will have a voice in JBC and at least, the JBC will have elected representing the bicameral Congress that we have now,” he told ANC, the ABS-CBN News Channel, in a phone interview.

The High Tribunal had previously ruled that the Senate and the House of Representatives are entitled to only one seat in the JBC, which screens nominees for judiciary posts.

But both houses of Congress appealed the verdict, saying the framers of the 1987 Constitution provided for one congressional representation in the JBC before they agreed on the creation of a bicameral Congress. They eventually skipped the JBC public interviews of nominees, which ended July 27.

JBC member Milagros Fernan-Cayosa of the Integrated Bar of the Philippines (IBP) said Congress will be given two votes until the SC decides on the matter with finality.

“This is temporary until the court shall finally resolved the motion for reconsideration filed by Senator Escudero and congressman Tupas,” she told ANC. Iloilo Rep Niel Tupas is the representative of the lower House in the JBC.

The council is scheduled on Monday, August 6, to come up with a shortlist of nominees for chief justice, a post that was vacated by Renato Corona on May 29.

De Lima may be disqualified

Escudero said chief justice nominee Justice Secretary Leila de Lima, who is reportedly backed by the Palace, may be disqualified from the race if the disbarment cases against her are not dismissed by Monday.

“Under JBC rules, any person with a pending administrative case, such as a disbarment case, should be disqualified,” he said. “The rules should simply be applied [on de Lima] unless, of course, by some luck or miracle, the cases against her will be dismissed by the IBP.”

“I would rather move that any ruling on this matter be postponed to give her the best possible opportunity to have the cases dismissed but it’s already Friday, and we will be voting on Monday.”

Escudero also said that exempting de Lima from the rules is not an option.

“It will be unfair if we make an exception… We’ve disqualified countless number of applicants who were simiarly situated. It would be unfair to them.”

De Lima has asked the IBP to reconsider its decision to probe two disbarment cases against her. She also asked the country’s biggest lawyers’ group to dismiss the cases.

The cases stemmed from de Lima’s defiance of a Supreme Court temporary restraining order on the travel ban against former President Gloria Arroyo and her husband Jose Miguel Arroyo in 2011, and a stinging statement she made against Corona on national television. – Rappler.com

More in #SCWatch:

• De Lima appeals IBP decision on disbarment
• 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