JBC resets vote on CJ shortlist for 5th time

MANILA, Philippines – The Judicial and Bar Council (JBC) reset its voting on its short list for chief justice (CJ) to Monday, August 13, after failing to reach a consensus.

Insiders said there were objections to a pending motion from the representative of the executive, Undersecretary Frederick Michael Musngi, to suspend rules — a move seen to favor Justice Secretary Leila de Lima, known to be favored by President Benigno Aquino III.

De Lima faces disbarment complaints which have not yet been dismissed.

The JBC’s Rule 4, Section 5 indicates that 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

JBC members said the vote to suspend the rules involves a question of “integrity” so that voting on the motion to suspend should be “unanimous.”

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.” 

Insiders said that after Musngi first proposed suspending the rule on the disqualification of CJ nominees, Associate Justice Diosdado Peralta asked him on what grounds he was seeking a suspension, especially since the JBC should be able to explain its decision to the public.

Musngi replied that the decision can be justified, citing grounds of “fairness and equity.”

De Lima sought the dismissal of the cases against her, saying they were politically motivated.

De Lima earlier told the JBC the Supreme Court (SC) acted belatedly on her cases because they were referred too late to the IBP. She also reasoned with the IBP that the SC did not expllcitly state in its July 3 referral that they found merit in the cases filed against her.

Three disbarment complaints were filed against De Lima. The IBP consolidated two complaints into one since they both cited as basis, De Lima’s defiance of a Supreme Court temporary restraining order on the travel ban against the Arroyo couple in November 2011.

The other case stemmed from statement made by De Lima against dismissed chief justice Renato Corona. On national television the justice secretary called Corona a “tyrant who holds himself above justice and accountability” on national television. 

Compelling reason

During the JBC meeting, retired Court of Appeals Justice Aurora Lagman told her colleagues there should be a compelling reason for the JBC to suspend the rules because the credibility of the institution is at stake. 

Citing the JBC rule on integrity, members said any vote on the suspension of rules should be “unanimous.”

But Sen Francis “Chiz” Escudero who represents the legislative (the other representative is Congressman Niel Tupas Jr) was quiet during the exchange, insiders said, and no consensus was reached.

Tupas asked for a short break, after which he suggested postponing the meeting and pushing it back to Monday.

The JBC was originally slated to vote on the shortlist on July 30. It was however moved to August 2 following the pullout of Congress from the JBC. It did not push through because oral arguments were held on a case questioning the number of Congressional representatives in the JBC.

The deliberations were postponed yet again to August 6, but Escudero asked for more time to review the qualifications of the candidates. They were supposed to vote on the shortlist of August 8, but they cancelled the meeting due to bad weather. The JBC decision on Friday, August 10, was once again pushed to Monday, August 13.

While De Lima has disbarment cases pending against her, Solicitor-General Francis Jardeleza has a pending administrative case at the Office of the Bar Confidant in the Supreme Court. Securities and Exchange Commissioner chairperson Teresita Herbosa likewise faces an administrative case.

Presidential Commission on Good Governance chairman Andres Bautista also has a pending case against him which he indicated was “for mediation” in his personal data sheet.

The Supreme Court earlier in the day decided to dismiss the disbarment case against acting Chief Justice Antonio Carpio, citing prior jurisprudence.

Tupas said this will be the JBC’s last postponement and that they will come up with their short list by Monday.

President Aquino will choose from the JBC short list the next chief justice. He has until August 27 to make his decision. – Rappler.com

More in #SCWatch:

• De Lima did not have the votes. Period.
• 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