De Lima once opposed move to relax JBC rules

MANILA, Philippines – Justice Secretary Leila de Lima once opposed a proposal to relax a rule that disqualifies candidates from judiciary posts. Now, as a nominee for chief justice facing disbarment complaints, she stands to benefit from this proposal.

Today, Friday, August 10, Iloilo Rep Niel Tupas Jr plans to re-introduce an old proposal for the Judicial and Bar Council (JBC) to relax its rule that disqualifies candidates with pending administrative cases and disbarment complaints from aspiring for judiciary posts.

The council is scheduled to meet at 11 am to finalize its shortlist of chief justice nominees for President Benigno Aquino III. Five votes in the 8-member JBC are enough to suspend council rules.

Tupas, a member of the JBC, first introduced his proposal in 2011 but was rebuffed by 3 retired chief justices consulted by the JBC, as well as De Lima herself, who was then a member of the JBC in her capacity as justice secretary. (She had to quit the council in the current selection process, however, since she is a contender for chief justice.)

Tupas told reporters that he finds the current rule on disqualification “unfair.” He wants the JBC to be given full discretion to accept or disqualify candidates with pending cases, especially if such cases are “frivolous.”

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

• those with pending criminal or regular administrative cases;
• those with 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 granted judicial clemency

In 2011, Tupas’ proposal to relax this rule was opposed by 3 retired justices in separate legal opinions to the JBC. They are Hilario Davide, Artemio Panganiban and Reynato Puno, each of whom had served as chair of the JBC during their respective terms. (The chief justice is the ex-oficio chair of the JBC).

In his opinion, Davide argued then that the rule helps the JBC assess the integrity of applicants. Puno, on the other hand, said the rule should even be made stricter. Panganiban went as far as asking Tupas to withdraw his proposal.

De Lima also opposed Tupas’s proposal to give JBC full discretion in deciding who shall be disqualified or not. De Lima said doing so would “preempt the decision of the bodies tasked to handle the cases [in the future].”

The JBC also disqualified 3 past aspirants for Supreme Court justice on the basis of this rule.

Let SC decide

A year after, however, De Lima, the reported choice of President Aquino for the post,  is singing a different tune. In an August 4 letter to the JBC, De Lima told the council that judgment on disbarment cases should be best addressed by the High Court. 

She said the High Court is in a “better position” than ordinary lawyers to decide administrative cases that “threaten to disqualify them.”

De Lima wrote the JBC days after the Integrated Bar of the Philippines, on July 30, ordered a full-blown investigation of the disbarment cases filed against her.

De Lima faces 3 disbarment complaints. The IBP however has consolidated the complaints filed by Ricardo Rivera, Fernando Perito and Nephtali Aliposa into one, since they all used as basis De Lima’s defiance of a Supreme Court temporary restraining order in November 2011, which stopped her from implementing a travel ban on former President Gloria Macapagal-Arroyo and her husband Jose Miguel “Mike” Arroyo.

Another case was filed by lawyer Augusto Sundiam, who said De Lima should be disbarred because of her stinging statement against then Chief Justice Renato Corona, whom she called on national television a “tyrant who holds himself above justice and accountability.”

The IBP said in its July 30 resolution that the cases had ripened into regular administrative cases after the SC referred them to the IBP for further investigation. De Lima filed a motion for reconsideration, but the IBP dismissed it on August 6.

The President has until August 29 to name a replacement for dismissed Chief Justice Renato Corona. – 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