MANILA - The Judicial and Bar Council (JBC) confirmed Tuesday the receipt of the letter of President Arroyo requesting for the inclusion of more names in its shortlist of nominees for the two vacant positions in the Supreme Court  that were vacated by retired Associate Justices Alicia Austria-Martinez and Dante Tinga.

Chief Justice Reynato Puno, ex-officio chair of the eight-man JBC panel, said the council will tackle the issue on Monday during the panel’s regular meeting on Monday.

In his letter to the JBC dated July 24, Executive Secretary Eduardo Ermita returned the shortlist of nominees that the council sent to Malacanang last June 22.  Under the Constitution, the President has 90 days to fill-up a vacant post in the High Court.

“Considering the importance and far-reaching consequences of the appointments to the two positions, the President cannot be too careful about the selection and appointment of the Associate Justices of the Supreme Court. It is respectfully submitted that the two positions deserve a wider array of nominees to be submitted for the President’s consideration,” Ermita said.

Justice Secretary Agnes Devanadera, a member of the panel, said the JBC will discuss the request of Malacañang soon. Devanadera, who had been dropped from the list of candidates, is reportedly being pushed by Malacañang to be included in the shortlist.

Meanwhile, Sen. Francis Escudero said the return of the list to the JBC can be construed as a rejection of all the nominees “because her choices are perhaps not there.”

Sen. Francis Pangilinan also urged the JBC to assert its independence from Malacañang by returning the same list to Ermita.

"The constitution vests the power of preparing the shortlist to the JBC. It is an express power that rests exclusively on the JBC, and by returning the list with the end in view of having additional names included, Malacanang is encroaching on a power of a constitutional office," he said in a statement.

Pangilinan, who spearheads Bantay Korte Suprema, said Malacañang should explain why it refused refusing to appoint any of the nominees in the shortlist.
 
“So that the JBC is guided accordingly and so that the public is made aware of the reasons behind the return of the list, the reasons must be stated. This will also clear the air and help prevent the public from speculating as to the reasons for the return of the list. Certain sectors in the legal community are apprehensive about the real reasons behind the return. An explanation as to why the list has been rejected will help clear the air.”

CA justice may join shortlist

A JBC insider, on the other hand, said the council is likely to include Court of Appeals Associate Justice Josefina Guevara-Salonga in the shortlist if it decides to heed Malacanang’s request.

Salonga was endorsed by the majority of the members of the High Court for one of the vacant posts but the recommendation was ignored by the JBC when it failed to include her in its list of nominees submitted to the Palace.

Included in its shortlist are University of Santo Tomas Law Dean Roberto Abad, Court of Appeals Associate Justice Martin Villarama and Sandiganbayan Associate Justice Francisco Villaruz who all got seven votes.
 
Others in the list are Court of Appeals (CA) Associate Justices Hakim Abdulwahid and Mariano del Castillo and lawyer-businessman Rodolfo Reyes, who got five votes each.
 
Devanadera was disqualified as a candidate by the JBC due to her failure to secure a clearance from the Office of the Ombudsman in connection with her pending criminal cases.

Former Ilocos Sur governor Luis “Chavit” Singson filed criminal charges against Devanadera before the Office of the Ombudsman for alleged violation of the Anti-Plunder Act in relation to Anti-Graft and Corrupt Practices Act involving Poro Point Special Economic and Freeport Zone.

Devanadera is also among the respondents, in her capacity as government corporate counsel and Board of Trustee of the MWSS, in a case which is also pending at the Office of the Ombudsman.

The case stemmed from a MWSS board resolution dated July 29, 2004, which allegedly violated existing laws and jurisprudence on public utilities by stripping the public utility character of Manila Water and Maynilad.