THE Judicial and Bar Council has asked the Supreme Court to reconsider its ruling last November nullifying its scheme of clustering nominees for multiple vacancies in the judiciary.
In a motion, the JBC, concurrently chaired by Chief Justice Ma. Lourdes Sereno, pleaded with the SC to reverse its decision disallowing the council to intervene in the petition filed by the Integrated Bar of the Philippines questioning the last appointments by former President Aquino in the Sandiganbayan.
The seven-member council, mandated to vet nominees to posts in the judiciary and the office of the Ombudsman, alleged its right to due process was violated by the high court.
“The JBC was deprived outright of its right to due process, a fundamental right enshrined in our Constitution. Consequently, it was not given its day in court to enable it to present its case, at very least, through a comment on the petition,” motion stated.
In its motion to intervene earlier dismissed by the SC, JBC justified its scheme of clustering of nominees for one shortlist per vacancy in cases of multiple vacancies in the judiciary.
But the SC ruled to invalidate the scheme that clipped the power of the President to freely choose among nominees.
“There appears to be a systematic move by the JBC, under Chief Justice Sereno, to arrogate to itself more power and influence than is actually granted by the Constitution and this Court, and…to ease out the Court from any legitimate participation in the nomination process for vacancies in the Judiciary, specifically in the Supreme Court,” read the unanimous ruling penned by Associate Justice Teresita Leonardo-De Castro.
It also also censured the JBC for removing the long-standing rule allowing the SC to submit its recommendations to the JBC before the council votes on a shortlist.
The SC disagreed with the IBP’s argument that the former President violated the Constitution in appointing Associate Justices Geraldine Faith Econg and Michael Frederick Musngi in January last year.
It held the appointments did not violate Section 9, Article VIII of the Constitution, which provides that “members of the Supreme Court and judges of the lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy.”