Fear of Malacanang tightening its grip on the Supreme Court has prompted some sectors to form a network that will exert pressure on the body that screens nominees to the judiciary.

President Arroyo has the opportunity to further pack the Tribunal with favored nominees with seven vacancies next year, raising concerns that she, as the appointing authority, could single-handedly undermine the independence of the judiciary.

Already, there are observations that the present composition of the Court is beholden to Malacanang. The executive privilege case of former socio-economic planning secretary Romulo Neri in connection with the bribe-tainted $329 million broadband deal illustrates the Palace's grip.

Efforts are underway to form a citizen watchdog that will assist the Judicial and Bar Council in its screening process for positions in the judiciary, particularly for the seven SC vacancies next year.

More important, the watchdog will serve as the JBC’s conscience in coming up with the shortlist for consideration by Malacanang

A meeting was held Thursday attended by JBC members Senator Francis Pangilinan, Integrated bar of the Philippines representative J. Conrado Castro, law deans and non-government organizations led by Bantay Katarungan chaired by former Senate President Jovito Salonga to discuss the organizational plan.

They agreed to convene a network to make the public participate in the JBC process and ultimately, to make the body accountable for its nominations to the judiciary.

JBC 'beholden' to Palace?

“With the seven vacancies in the SC occurring in one year, never since the restoration of democracy have the SC and the judiciary faced the exercise of the power of appointment by Malacanang in such a manner and in such a short period.  The highest vigilance is necessary if we are to ensure that the exercise of such a power within such a short period is not abused,” Pangilinan told abs-cbnnews.com/Newsbreak.

Salonga, in a separate interview, said the JBC is supposed to be independent from Malacanang “but not in actual practice.”

He noted observations that the JBC “is beholden” to the Palace and that the effort to form a watchdog is to exert public pressure on its actions.

A bastion of secrecy and described by others as a place where wheeling and dealings take place, the JBC has been reduced to a mere recruitment agency, and not as a talent search for judicial positions.

The idea behind the JBC was to insulate the judiciary from politics, but this is only in theory. Appointments to the judiciary are still largely influenced by politicians whose endorsements are sought by candidates and sometimes, required by the JBC itself.
Salonga said Malacanang is able to influence the JBC as it appoints four of the eight members of the body. The JBC is composed of the Chief Justice of the Supreme Court as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio members, a representative of the Integrated Bar of the Philippines, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.
Emilio Capulong Jr. executive-director of Bantay Katarungan (Sentinel of Justice) said the planned citizen watchdog essentially strengthens and expands what they are doing right now with nominees to the JBC.  “This time, it seeks to tap other civic groups, the private sector, business sector and those in government in scrutinizing the qualifications of nominees as far as honesty and integrity are concerned.”

Dialogue

Pangilinan said some of the proposed activities of the watchdog is to engage a public dialogue with the JBC; set up a website and blogspots to facilitate the flow of information on the nominees; enter into agreements with media outfits to help disseminate information on the activities of the  group and  holding of fora in various law schools to raise awareness on the crucial role and impact of the JBC to the nation and other related issues affecting the judiciary.

Meantime, the focus of the watchdog will be on the seven SC vacancies but “it is hoped that it would become a semi-permanent effort that would be expanded to include all judicial appointments.”

A convenors’ group meeting will be held within the month to fine-tune the mechanism of the watchdog.