MANILA - The Judicial and Bar Council (JBC) on Monday decided not to include Justice Secretary Agnes Devanadera in its shortlist of nominees to the Supreme Court (SC).

Court of Appeals Justice Hakim Abdulwahid topped the shortlist of the JBC. The others are: SC Court Administrator Jose Perez, Sandiganbayan Justice Francisco Villaruz, and CA Justices Noel Tijam and Magdangal De Leon.  

The JBC, which vets applicants to the judiciary and the Ombudsman, is seeking to fill the vacancy left by retired Justice Leonardo Quisumbing and the position to be vacated by Justice Minita Chico-Nazario.

Chico-Nazario is scheduled to retire on December 6 when she turns 70, the mandatory age of retirement for members of the judiciary.

Malacañang will choose from the six nominees the replacements for Quisumbing and Nazario.

Monday’s voting by the JBC was Devanadera’s last chance to be appointed under the Arroyo administration. It was her 5th try.

Pending cases at Ombudsman

Devanadera had been disqualified in previous attempts since the Office of the Ombudsman had yet to resolve the cases filed against her.

Voting 6-1, the JBC decided not to exempt Devanadera from its rule that applicants with pending cases will not be considered for nomination.

Rule 4 Sec. 5 of the JBC rules states that those with pending criminal or regular administrative cases are “disqualified from being nominated for appointment to any judicial post or as Ombudsman or Deputy Ombudsman.” 

Weeks before the voting, Devanadera had written the JBC asking it to exempt her from the rule. She decried that the filing of the numerous charges spoke of harassment.

One of the complaints lodged against her is a 3-year-old plunder case filed by Ilocos Sur Gov. Luis ‘Chavit’ Singson.

Singson implicated Devanadera in his 2006 complaint because she failed to repeal the Poro Point development contract between Bases Conversion Development Authority (BCDA) and Bulk Handlers Inc. (BHI).  

BCDA and BHI officials purportedly fattened their pockets from their supervision of the Poro Point Industrial Corp. (PPIC) in San Fernando, La Union. 
 
Ironically, the JBC decision came after eight of 14 Supreme Court justices earlier voted for Devanadera to be part of the High Tribunal.   

Muslim Justice

Meanwhile, Court of Appeals Justice Hakim Abdulwahid, who topped the shortlist of the JBC, got six votes from the seven members of the JBC who participated in the selection.

Devanadera, also a JBC member, abstained from the voting. 

If he makes it to the High Court, Abdulwahid will be the second Muslim SC magistrate.

The first Muslim to be appointed to the SC was Justice Abulwahid Bidin, who was part of the SC in 1987 under the Aquino administration.  

Abdulwahid had expressed his desire to represent the Moros in the High Tribunal during his public interview with the JBC.

He reiterated to the JBC that under the 1996 peace agreement between the Philippine government and the Moro National Liberation Front, the Muslims were guaranteed equal representation in all branches of the government. 

In 2007, Abdulwahid thanked Arroyo for appointing a fellow Muslim, Judge Moslemen Macarambon, as Comelec commissioner.

Chief Justice Reynato Puno then reminded Abdulwahid that an appointment to the SC should not be based solely on religion.

CA Justice Jose Mendoza

The JBC also nominated CA Justice Jose Mendoza.

Mendoza penned the decision which approved the petitions for a writ of amparo and a writ of habeas corpus filed by the families of UP students Sherlyn Cadapan and Karen Empeño, who were allegedly abducted by members of the military in 2006.

Mendoza also reversed a decison of the lower court which threw out the charges against businessman and ally of former President Joseph Estrada, Dante Tan, who was implicated in the stock manipulation controversy involving Best World (BW) Resources Corp.