Stung by criticisms that it is part of the integrity problem plaguing the judiciary, the Judicial and Bar Council (JBC) is trying out new approaches in screening potential candidates to the bench.

The JBC recently initiated a system where peers and colleagues of an applicant are surveyed regarding the competence, integrity and work ethics of the prospective magistrate.

The survey form was pilot-tested on 10 lower court judges in Manila who applied for a position at the Court of Appeals (CA).

JBC member Quezon City Rep. Matias Defensor Jr. told abs-cbnnews.com/Newsbreak that the survey form is aimed at improving the recruitment process.

The JBC is the body that screens applicants to vacancies in the courts, including appointees to the Ombudsman and the Deputy Ombudsman.

“It is like being evaluated by your peers, who presumably know the candidate’s competence and integrity,” Defensor said.

Senator Francis Pangilinan, also a member of the JBC, said the survey “is one of the tools” to make the JBC’s screening process more pro-active.

Good so far

The survey system was proposed by former UST faculty of civil law Dean Amado Dimayuga, who is also a member of the JBC representing the academe. It is patterned after the California system of recruitment to court vacancies.

So far, Defensor said the reception to the survey “is very good.”

Other Court observers welcomed the new development, “in the absence of other methodologies.”

“It is one way of gauging a potential candidate to be a member of the court,” observed a lawyer who has close contacts in the judiciary.

The JBC has come under heavy criticisms following the bribery scandal in the CA where one justice has been dismissed and several others meted with varying degrees of punishment. The scandal came on the heels of government attempts to take control over power distributor Meralco from the Lopez family.

The body has been faulted for being passive in selecting not only qualified bench members but also those who are beyond reproach. Supposedly aimed at insulating the courts from politics, the JBC has allowed political endorsements to debase its screening function, critics have said.

Open voting

Another proposal to improve the JBC search process is to “put on record” the votes cast by each JBC member to a candidate.

The JBC is composed of a representative from the Integrated Bar of the Philippines (IBP), a professor of law, a retired member of the Supreme Court (SC), and a representative from the private sector as regular members. Ex-officio members are the Secretary of Justice and two members from Congress. The ex-officio head is the Chief Justice.

In its deliberations to narrow down the list of candidates to a judicial post, the JBC holds an executive session and the votes cast by each member are confidential. The list is then forwarded to the President who will make the appointment.

IBP representative J. Conrado Castro had proposed that the voting be made public as part of transparency and accountability.

But some members have some reservations on the “open-voting” as it could put additional pressure on them, Defensor said.