Chavez asks SC: Declare JBC composition unconstitutional

MANILA, Philippines – Former solicitor general Frank Chavez asked the Supreme Court to declare the 8-member composition of the Judicial and Bar Council unconstitutional, saying the 1987 Constitution specifies there should only be 7 members, with only one representative from both houses of Congress.

Chavez – who declined his nomination for the highest seat in the judiciary – said he could not submit himself to a body whose composition is under question. In his petition on Monday, July 2, he said that the JBC – chaired by the chief justice and has representatives from the Senate, the House, the academe, the Integrated Bar of the Philippines, the private sector, the justice department, and retired SC justices – used to have 7 members from 1987 until 1994.

During that period, what was done was “alternate” representation from the two chambers of Congress, he said. Sometimes the JBC representative from Congress came from the House of Representatives and at other times the representative came from the Senate.

“In 1994, however, the composition of the JBC was suddenly and inexplicably (and unlawfully) changed,” he said. Congress representatives then came from both the House and the Senate. Each of the two representatives was entitled to a half vote. Thus, even if there were two representatives, their vote was still counted as one.

Chavez however noted that this changed in 2001, when each representative from either chamber of Congress was granted one vote each. This is the practice until now, according to him.

Chavez said he wrote the JBC on June 22 about this matter, but the JBC said it would not depart from its present practice, which, it said, is based on a “liberal application” of the Sec.8.1 Article VIII of the 1987 Constitution. The said provision refers to the composition of the JBC.

Chavez also asked the SC to issue a temporary restraining order to stop the JBC from conducting the selection process for the next chief justice.

“Indeed, any act committed by the present members of the JBC is null and void for the very simple reason that it goes against the mandate of the Constitution,” he wrote in his petition. – Rappler.com

Click on the links below for more. 

• 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