Aside from Nachura, the other nominees are Court of Appeals Presiding Justice Ruben Reyes, Sandiganbayan Presiding Justice Teresita Leonardo de Castro and CA Associate Justices Roberto Barrios and Portia Alino-Hormachuelos.
Seven members of the eight-man JBC, which is headed by ex-officio chairman and Chief Justice Reynato Puno, voted for Nachura and De Castro.
Barrios, Hormachuelos and Reyes tied for second place with five votes each.
Under the Constitution, the President has 90 days from the concurrence of the vacancy to fill up the position.
The JBC is a constitutionally created body, which receives and screens nominations for all judicial posts as well as nominations for Ombudsman and Deputy Ombudsman.
Aside from Puno, the other members of the JBC include Sen. Francis Pangilinan and Rep. Simeon Datumanong, who sit in the council as chairmen of the Senate and House of Representatives committee on justice. The regular members are Dean Amado Dimayuga, retired SC justice Regino Hermosisima Jr., J. Conrado Castro and retired Sandiganbayan associate justice Raoul Victorino.
Government Corporate Counsel Agnes Devanadera, who was consistently mentioned in various news articles for the position of SC associate justice, was not included in the list.
During the public interview of the JBC, Devanadera was reminded by Victorino that the JBC has a policy of not including in its shortlist any candidate with pending criminal and administrative cases.
Sources said only Justice Secretary Raul Gonzalez and Datumanong voted for Devanadera, whose candidacy for SC associate is reportedly being backed by Malacañang.
A source said Gonzalez had a heated argument with the other members of the JBC after he insisted on including Devanadera in the shortlist of nominees for SC associate justice.
Two other slots in the 15-man high court will be vacated this year when two associate justices reach the mandatory retirement age.
Nachura was a congressman of Western Samar before he became solicitor general. He replaced former solicitor general Alfredo Benipayo after the latter failed to meet the expectation of the Arroyo administration in defending the controversial policies such as Executive Order no. 464 and the Calibrated Preemptive Response (CPR) scheme, which were struck down by the SC for being constitutionally infirm.
Nachura, who was earlier described by Gonzalez as a constitutional expert, defended Mrs. Arroyo’s issuance of Presidential Proclamation 1017, which placed the entire country under a state of national emergency at the height of attempts to oust her from power and General Order no. 5, which invoked presidential powers to call in security forces to suppress lawless violence.
He also served as Mrs. Arroyo’s chief presidential legal counsel before becoming solicitor general.
The JBC declared on Dec. 11 the associate justice position vacant after Puno was appointed as chief justice, replacing Artemio Panganiban.
The JBC also announced that a total of 21 persons have applied for the lone vacancy in the Court of Appeals associate justice position, which was vacated by Justice Eliezer de los Santos, whose permanent and total disability retirement was approved by the SC. — Jose Rodel Clapano