MANILA, Philippines - Nominations and applications for the post of chief justice will begin to be accepted by the Judicial and Bar Council (JBC) today.
In a notice published in The STAR, the JBC announced that applications and recommendations would be accepted until June 18.
After submitting their personal data sheets within the deadline, aspirants will be required to submit all documentary requirements within the next 15 days, particularly clearances from the National Bureau of Investigation, Philippine National Police, Office of the Ombudsman, Integrated Bar of the Philippines, and the Office of the Bar Confidant; transcript of school records; certificate of admission to the Bar with rating; income tax return for the past two years; proofs of age and Filipino citizenship; certificate of good standing or latest receipt from the IBP; certificate of compliance with mandatory continuing legal education; and results of medical examinations.
“Candidates for the chief justice post must submit, in addition to the foregoing, the following documents: all previous statements of assets,
liabilities and net worth (up to 31 December 2011) for those in the government or SALN as of 31 December 2011 for those from the private sector; and waiver in favor of the JBC of the confidentiality of local and foreign currency bank accounts under the Bank Secrecy Law and Foreign Currency Deposits Act,” read the JBC announcement signed by JBC ex-officio secretary and SC clerk of court Enriqueta Vidal.
Upon filing of applications and nominations, the JBC would set confirmation and acceptance of recommendations for a few days before inviting the public to submit statements of support or opposition to the candidates.
The JBC will hold public interviews of the aspirants before deliberating and coming up with a shortlist from which President Aquino will handpick the next chief justice.
JBC members said they are expected to hold interviews in first week of July and issue the shortlist by July 16.
In a meeting last Monday, JBC members agreed to require the submission of SALN and waiver as additional requirements for applicants for chief justice.
The is meant to ensure the integrity of the next chief justice, they added.
However, veteran lawyer Romulo Macalintal said the new requirement could be unconstitutional.
“It imposes a requirement not provided for by the Constitution and discriminatory since the same has not been required of the applicants for positions in the lower courts,” he said.
Macalintal cited Section 7(1), Article VIII of the Constitution, which provides for the minimum requirements for appointment to the SC: Natural-born Filipino citizen; at least 40 years old; and with at least 15 years of law practice.
“The JBC cannot prescribe what the Constitution does not provide,” he said.
“To impose the said requirement upon the aspirants for chief justice is to broaden the qualification provided for by the Constitution.
“In other words, the aforesaid JBC waiver-requirement is invalid since it is clearly in conflict with the requirements in the Constitution.”
Macalintal likened JBC’s new requirement to Sec. 36 of Republic Act No. 9165, the
Comprehensive Dangerous Drugs Act of 2002 requiring mandatory drug testing of candidates for public office, which the Supreme Court declared unconstitutional on Nov. 3, 2008 on grounds it “enlarges the qualification requirement enumerated in the Constitution (and that) the Comelec cannot impose qualifications on candidates in addition to what the Constitution prescribes.”
“The said waiver-requirement may be allowed only if it is optional or voluntary to the applicants but never to make it mandatory to the applicants which ‘necessarily suggests that the obstinate ones shall suffer the adverse consequences for not adhering to the requirement’ as observed by the SC in the said drug test case,” he said.
“Furthermore, requiring the said waiver for the applicants for the CJ post is discriminatory since the same has not been required of other
positions in the Judiciary and all other applicants in the government service as well as candidates for elective positions.
“As a matter of fact, even SALNs are not required from these applicants when they are still applying for positions in government service.”
Also yesterday, tax informant Danilo Lihaylihay asked the JBC to stop the selection process for the post of chief justice.
In a four-page letter, he said Corona could not be removed from office since he was convicted based on a law that has not been rendered valid and effective.
Lihaylihay said Republic Act 6713, An Act Establishing a Code of Conduct and Ethical Standards for Public Officials and Employees, the law Corona supposedly violated for non-inclusion of cash deposits in his SALN, is invalid because its
Implementing Rules and Regulations (IRR) have not been published.
He submitted a certification from the National Printing Office dated May 30, 2012 signed by Evelyn Perlado, assistant superintendent of printing: “This is to certify that this Office has no record of receipt, estimate, payment and publication of
Implementing Rules and Regulations of Republic Act No. 6713... in the Official Gazette.”
Lihaylihay cited the case of Tañada vs. Tuvera where the SC held that “all statutes, including those of local application and private laws, shall be published as a condition for their effectivity, which shall begin 15 days after publication unless a different effectivity date is fixed by the legislature... Administrative rules and regulations must also be published if their purpose is to enforce or implement existing law.”
He further said that under Article 2 of the Civil Code, “the publication of laws must be made in the Official Gazette” and that only publication in the Official Gazette is “the one required or authorized by existing law.”
De Lima and Henares
Justice Secretary Leila de Lima and Internal Revenue Commissioner Kim Jacinto-Henares have all the right to be nominated and named chief justice, Malacañang said yesterday.
Presidential spokesman Edwin Lacierda said the decision whether to include or exclude the two as nominees or candidates for the SC’s top post rests solely on the JBC.
“I think the decision whether to be excluded in the nomination will be up to De Lima and Henares,” he said,
“We have maintained that both persons are qualified to be the next chief justice.
“That decision does not come from us initially, it comes from the JBC. And once the names are submitted for the nomination, we still don’t know if De Lima or Henares will accept it.
“We leave it with both persons to discuss. I’m sure it is going to be deliberated by both of them very methodically, knowing the consequences of becoming a nominee for CJ.”
Lacierda said De Lima and Henares very well fit the job of chief justice.
“They have performed very well in their respective positions,” he said. “They are very knowledgeable in the field of law and nobody can question their competence and integrity.”
Binay: Get CJ from academe
Vice President Jejomar Binay said yesterday the next chief justice should come from the academe.
Speaking to reporters at the Ninoy Aquino International Airport, Binay said President Aquino should appoint someone who is judicially mature, not merely based on who is the most senior in the SC.
“In fairness to Acting Chief Justice Antonio Carpio, supposedly number two in ranking,” he said. “Although, there are times that that is not followed. I remember Justice (Artemio) Panganiban, he is not number two when he was appointed.”
“The chief justice is not only attending to cases,” he said. “The chief justice is the head of the department. So, he will work on the papers, janitors, promotion, funds, etc. The chief justice must have experience.”
“He should not only be knowledgeable in law but also in administrative work,” he added.
Binay said it would be difficult for an outsider to serve as chief justice.
“It would be difficult if he is coming from the outside, particularly that there is a protocol there,” he said.
“The one who should be appointed has judicial maturity and no one will say that this is politics.”
Binay said someone from the academe would be the better choice.
But he said it would be up to Aquino to name the next chief justice. –With Delon Porcalla, Jose Rodel Clapano