Sol-Gen's wish delays JBC's picks for SC
by Aries Rufo and Purple Romero, abs-cbnNEWS.com/Newsbreak | 06/08/2009 5:33 PM
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MANILA - Because of one woman’s “fondest dream,” as Justice Secretary Raul Gonzalez put it, the shortlist of nominees to the Supreme Court (SC) is still up in the air.
Twenty-six applicants to the two vacancies in the High Court will have to wait for two more grueling weeks to find out if they will be included in the list of the Judicial and Bar Council (JBC).
On Monday, the JBC, which vets nominees to the SC for President Arroyo, deferred voting on who should be included in its shortlist to accommodate a request made by Solicitor-General (Sol-Gen) Agnes Devanadera to postpone the deliberation.
Devanadera asked the JBC to give her time to clear up the issue surrounding her pending cases before the Ombudsman, which also caused her troubles before.
Under JBC rules, candidates facing administrative and criminal charges are disqualified for consideration to any judicial post, including the SC.
Poro Point case
Devanadera has been charged with plunder by former Ilocos Governor Luis “Chavit” Singson in connection with the Poro Point case. She and 42 others have been accused of conniving to gain control and supervision of the Poro Point Special Economic and Freeport Zone.
Devanadera had earlier clarified with the JBC that Singson had already dropped her as respondent in the Poro Point case.
However, when we checked the status of the case in the Ombudsman last December, we were told that the case is still in the preliminary stage.
It appears that the Ombudsman is sitting on Devanadera’s case.
Last January, Devanadera told the JBC that she had asked the Ombudsman about the status of the case. Yet, it was only last week that the Ombudsman told Devanadera to file her counter-affidavit.
Gutierrez's fault?
JBC member Quezon City Rep. Matias Defensor told abs-cbnnews.com/Newsbreak that the council also asked the Ombudsman early this year to expedite the resolution of Devanadera’s case. He said Ombudsman Merceditas Gutierrez has yet to reply.
Gutierrez’s non-action to Devanadera’s motion already cost the Solicitor-General a shot at the High Court last year. Gutierrez is also reportedly eyeing one of the six SC posts available this year.
Two posts are up for grabs at present following the retirement of Justices Alicia Austria-Martinez and Dante Tinga. Civil society groups are closely watching the selection process and appointments by the President over what they say are possible efforts to make it a rubber-stamp of Malacañang.
This is the second time that the JBC has given in to Devanadera’s request for more time to clear her case in the Ombudsman.
Devanadera, reportedly one of the Palace’s favored ones to the SC, earlier questioned the JBC rule on disqualifying candidates with pending cases. She argued that government officials like her are vulnerable to harassment suits.
Gonzalez to Palace
In a related development, Gonzalez confirmed that he has been offered the job Presidential Legal Counsel, which is being held by Jesus Dureza, a former Press Secretary.
But Gonzalez, who had announced he will resign as justice chief in the next few months to re-join politics, said he has neither declined nor accepted the offer.
When asked about the reports that Devanadera would replace him, Gonzalez said more than the justice secretary’s post, the Solicitor-General’s “fondest dream” is to become a member of the High Court.
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