Solicitor-General Agnes Devanadera questioned Tuesday her disqualification from the race to the Supreme Court, implying that the Judicial and Bar Council’s move violated the equal protection clause in the Constitution.

In a letter to the JBC dated Dec. 9, Devanadera, reportedly Malacanang’s bet to the SC, asked that the Council apply equal treatment to all the aspirants.

She referred to the three other aspirants who have pending cases but were not disqualified from the SC race.

The JBC has barred Devanadera and former Bureau of Internal Revenue Commissioner Jose Bunag from being considered to the SC because of pending criminal and administrative cases. The JBC rule states that candidates who have pending cases shall not be considered.

But the JBC did not disqualify Court of Appeals Justices Juan Enriquez, Martin Villarama, Jr. and Mariano del Castillo who also have pending cases before the Office of the Court Administrator. SC spokesman Midas Marquez said the cases of the three CA justices are still in the preliminary stage and the JBC does not consider these a valid ground for their disqualification.

Devanadera, in her letter, countered that her plunder case before the Ombudman is also in the preliminary stage and that the complainant of that case, former Ilocos governor Luis “Chavit” Singson, had filed a manifestation to exclude her as respondent.

“Thus, it is my submission that the treatment received by the three Court of Appeals Justices who are vying for the same post must be equally applied to me consistent with the equal protection clause of the Constitution. All persons similarly situated must be similarly treated. There is no rhyme or reason to consider my case distinct from the cases being faced by the other three (3) candidates as all of these cases are still in the preliminary investigation stage,” Devanadera argued.

She added: “I hope that the Council will reconsider its decision of disqualifying me for the Associate Justice post and consider my foregoing submission as well as my letter dated December 2, 2008 as the more reasonable interpretation of Section 5, Rule 4 of the JBC Rules.

Devanadera has twice applied to the SC. She was also dropped from the race because of her pending plunder case. The Ombudsman said her case is still being evaluated.