JBC to start selection process for new chief justice
MANILA, Philippines (1st UPDATE) - The Judicial and Bar Council (JBC) on Monday unanimously agreed to start the selection process for the top post in the judiciary, which will be vacated when Chief Justice Reynato Puno retires on May 17.
However, the JBC did not reach a decision on when to submit the list of its recommendations to President Gloria Macapagal Arroyo.
The JBC, the body which vets nominees to the Supreme Court for the president, "unanimously" agreed to accept the proposal of JBC member Congressman Matias Defensor to immediately jump start the selection process for Puno's replacement.
Legal experts have argued that Mrs. Arroyo cannot name Puno's replacement since it would violate the elections appointment ban.
The 1987 Constitution bars the president from making any appointment 2 months before the elections and until his or her term ends. Thus, President Arroyo is barred from issuing appointments from March 10 to June 30, 2010.
Defensor said, however, that the constitutional issues are "not the problem of the JBC."
He said these legal issues are best settled by the Supreme Court.
If the High Tribunal decides that the appointment ban covers the selection of the next chief justice, then the JBC would concede to the SC, Defensor said.
He added that the JBC would invite constitutionalists to sit during the selection process. They are expected to discuss the legal implications of submitting a shortlist during the election period appointments ban.
Reports from the JBC meeting said the council will decide at a future time when it will submit to the President its list of nominees.
Many legal experts say the JBC can only submit its list of nominees when there is already a vacancy, not before.
Defensor said he cannot say whether the early nomination would give Arroyo ample time to appoint a new chief justice even before the appointment ban starts.
He said the selection process, which includes the publication of contenders and the public interviews, would eat up a lot of time.
He said that aside from associate justices of the Supreme Court, even outsiders may apply for the position of chief justice.
The JBC will have the invitation for applications published this Wednesday.
Defensor proposal
The JBC met on Monday to discuss Defensor's proposal to begin the nomination process for the next Supreme Court chief justice.
Defensor argued there is no constitutional provision that prohibits the JBC from submitting its list of nominees for the post.
Prior to the JBC meeting on Monday, Defensor told ANC that what the JBC will do is just to determine his proposal to start the nomination process because it takes about 7 steps for anybody to get nominated by the JBC.
Defensor said he believes the JBC will approve his proposal since there is no provision in the Constitution nor law prohibiting the JBC from making a nomination.
He said the JBC should already start the nomination process.
Under the law, the President can only appoint from the JBC's list of nominees. Except for Puno, all SC justices are Arroyo appointees. -- with reports from Atom Araullo, ABS-CBN News
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CORRECTION
The Chief Justice is not included in the Constitutional provision on presidential succession but he is being included in some proposed legislation before Congress. This presumably pursuant the last paragraph of Section 7, Article VII, to wit:
"The Congress shall, by law, provide for the manner in which one who is to act as president shall be selected until a president or a vice president shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph."
Dont delay it - answer
Even if there if the result of the presidential election is contested, which will probably result before, during and after the canvacing and proclamation made by Congress acting as Board of Canvassers, the Supreme Court (with 14 members) can still sit en banc with the acting Chief Justice, who assumes the position pursuant to the Judiciary Act of 1948, presiding.
After a winner is proclaimed by Congress, the election protest by the loser can not prevent the winner from assuming office unless a TRO or restraining order or status ante order (?) is issued by the Supreme Court.
Correction pls
'be completed' not complicated, and 14 not 11. sorry
What are that 7 step process?
Is it really that complicated to nominate a chief justice? Can the process be not complicated in just one meeting of the JBC, specially if the choices are already associate member of the Supreme Court. I suppose all the eleven(11) encumbent members of the SC are persons of proven competence, integrity, probity and independence since they were all included in the previous JBC list submitted to the President. Hence, all of them are qualified to be chief justice, right?
What are the other criteria consider by JBC? Should they not be made known to the public to make the selection process more transparent?
After all the talkings, posturing, assessments of credentials, etc., the process will ultimately boils down into who get the three(3) highest votes of the JBC members and who among the three(3) is to the liking of the appointing power. Then the main issue remains: Can the president appoint a chief justice before it becomes vacant so that it will not be covered by the Constitutional ban on appointments? Or is the appointment of chief justice an exception to the Constitutional ban?
Personally, I am still in search of credible answers why the position of Chief Justice cannot be vacant even for a day considering that he has only one(1) vote whenever the SC performs its judicial function, whether by division or en banc and as regards to presidential succession, he is last
in the line-up. Are we already ruling out the less controvertial remedy of the Senators, before the terms of 12 of them end, choose a new president (replacing Sen. Enrile) with term ending in 2013 and therefore, can be the acting president in case there is vacancy in the position of president and vice-president after noon of June 30?
Don't delay it
This should not be delayed because:
1. If there is presidential election result being contested, who will appoint the supreme court justice. Of course he cannot just appoint because his position as president is being contested by others.
2. who will preside the electoral tribunal if there is no supreme court justice who will replace J. Puno