JBC set to announce candidates for Supreme Court post today

The Judicial and Bar Council (JBC) is expected to announce today its recommended candidates to replace Supreme Court (SC) Associate Justice Ruben Reyes, who is officially retiring on Jan. 3.

The shortlist of three recommended candidates would be sent by the JBC to the President to select Reyes’ replacement.

The JBC earlier deferred the release of the shortlist in allowing the motions filed by Solicitor General Agnes Devanadera and former revenue chief Mario Buñag.

The SC also forwarded its list of candidates that included Ateneo law school dean Cesar Villanueva, Court of Appeals Justice Martin Villarama Jr. and Sandiganbayan Justice Francisco Villaruz before the JBC.

SC spokesman Midas Marquez said Villaruz received 10 votes while Villanueva and Villarama got eight each from the SC justices.

Marquez cited the JBC rules that provide that the council should “give due weight and regard to the recommendees of the Supreme Court.”

The JBC earlier disqualified Devanadera, Buñag and lawyer Rodolfo Robles from the shortlist.

While the JBC allowed the motions for reconsideration filed by Devanadera and Buñag, the council stood firm in excluding Robles as a possible candidate.

Marquez said the JBC rules state that a candidate for the vacancy in the SC who is not a member of the judiciary must be able to serve for at least five years.

Members of the judiciary, on the other hand, who are vying for a slot at the SC must serve for at least two years.

Marlon Manuel of the Alternative Law Groups, lawyer Roberto Cadiz and Vince Lazatin of the Transparency and Accountability Network had earlier sent a letter to Chief Justice Reynato Puno informing him that Robles is already 65 years old as of last month, which means that he will not be able to serve the full five years at the SC before retiring at the age of 70.

Marquez said the JBC also noted the age issue against Robles.

But Buñag and Devanadera are still hopeful that their motions for reconsideration will be entertained by the JBC and their names will be included in the shortlist.

Marquez stressed the JBC is strict with its age rules for candidates as the resolution of cases at the high court is affected by the retirement of its magistrates.

Marquez added the JBC is also reviewing its rules for the qualification of candidates who have pending cases or complaints even if they are still in the preliminary or investigation stage.

Both Devanadera and Buñag have pending cases at the Ombudsman.

Under JBC rules, candidates with pending criminal or regular administrative cases are “disqualified from being nominated for appointment to any judicial post or as Ombudsman or Deputy Ombudsman.”

Marquez however pointed out there are some JBC members who are of the view that if these cases have no basis, they should have already been dismissed by the Ombudsman. For this, Marquez said, the JBC will be asking the Ombudsman on the status of the cases lodged against Devandera and Buñag.

Marquez cited as an example, the case of Devanadera who was accused by former Ilocos Sur governor Luis “Chavit” Singson of graft before the Ombudsman but was later dropped from the complaint by the former governor himself. Singson’s petition to drop Devanadera from the complaint has not been acted on by the Office of the Ombudsman, according to Marquez.

Three others —Court of Appeals Justices Mariano del Castillo, Juan Enriquez and Martin Villarama —remain as top contenders even as the complaints filed against them are still in the preliminary investigation stage, according to the JBC.

The JBC will also open for application today the slot that will be vacated by Justice Adolfo Azcuna who will retire on Feb. 16, 2009.

Aside from CA Justices Del Castillo, Enriquez and Villarama and Buñag and Devanadera, those also those vying for the seat to be left vacant by Justice Reyes are Court of Appeals Associate Justice Remedios Salazar-Fernando, CA Associate Justice Portia Hormachuelos, Sandiganbayan Presiding Justice Diosdado Peralta, CA Associate Justice Andres Reyes, CA Associate Justice Josefina Salonga, Sandiganbayan Associate Justice Edilberto Sandoval, lawyer Cesar Villanueva, and Sandiganbayan Associate Justice Francisco Villaruz.

Aside from Reyes and Azcuna, also retiring next year are Supreme Court Justices Dante Tinga (May 11), Consuelo Ynares-Santiago (Oct. 5), Leonardo Quisumbing (Nov. 6), Minita Chico-Nazario (Dec. 5) and Ma. Alicia Martinez whose scheduled retirement is on Dec. 19, 2009 but will retire early April next year.