Newly appointed Justice Secretary Agnes Devanadera said she would inhibit from any deliberations of the Judicial and Bar Council (JBC) that involves voting on nominees to the Supreme Court (SC).

With her appointment to the Department of Justice (DOJ), Devanadera finds herself in a peculiar if not conflicting position: she is now an ex-officio member of the JBC, which vets nominees to the judiciary, and at the same time, an applicant to the High Tribunal.

But in a phone interview with abs-cbnnews.com/Newsbreak , Devanadera said she would not participate in JBC deliberations involving nominations to the SC since she is an applicant.

As DOJ chief, Devanadera is automatically a member of the eight-man JBC. Devanadera said she took her oath last Monday.

While she may not engage in JBC proceedings, observers in the judiciary said Devanadera’s new position may compromise the integrity of the JBC.

“She cannot wear two hats: she should not assume as DOJ chief and at the same time pursue her application to the SC. It gives a wrong impression,” one observer said.
 
JBC member Quezon City Rep. Matias Defensor Jr. told abs-cbnnews.com/Newsbreak that Devanadera manifested Monday to the council that she would inhibit from JBC proceedings involving SC vacancies.

According to Devanadera, she and her immediate predecessor, now Presidential Legal Counsel Raul Gonzalez, went to the JBC meeting in Sofitel Hotel to tell the other members that “we are in transition."

Voting deferred

But Devanadera said she left the JBC meeting before the members formally discussed that day’s agenda.  Asked if she knew that the JBC vote on the two SC vacancies was to be taken up, Devanadera said she did not.

She also said she was not aware the JBC deferred its deliberations for its shortlist to give her time to clear up her supposed pending cases before the Ombudsman. Devanadera’s application is in limbo because of the pending cases.

JBC rules state that candidates facing administrative and criminal charges shall not be considered for any judicial position.

Asked if her DOJ appointment would actually reduce her chances of being nominated since she would not be voting, Devanadera said “she trusts in the wisdom of the JBC.”

A nominee should at least get five votes from the eight-man JBC to get a slot in the shortlist. It is from the shortlist that the President chooses judicial appointees.

Devanadera also ducked giving a categorical answer on whether she would choose to remain as DOJ chief or accept a position in the SC in case she hurdles the JBC and gets the nod of the President.

“I don’t know yet. It is divine providence that would unfold (her fate),” she said.