Jardeleza sworn in as SC justice

MANILA, Philippines - Beating the 90-day deadline, President Aquino yesterday appointed Solicitor General Francis Jardeleza to the lone vacancy in the Supreme Court (SC).

Jardeleza then took his oath before Chief Justice Ma. Lourdes Sereno, principal critic of the new associate justice, replacing Roberto Abad who retired on May 20.

“I am thankful for the trust and confidence that President Aquino exhibited in appointing me to the SC. Rest assured I will dispense my duties with competence, integrity, probity and independence – always bearing in mind the interests of the Filipino people,” he said in a statement released by Malacañang.

Jardeleza beat four nominees in the shortlist of the Judicial and Bar Council (JBC): Commission on Audit Chairman Grace Pulido-Tan, Court of Appeals Justices Jose Reyes Jr. and Apolinario Bruselas Jr., and Quezon City Judge Reynaldo Daway.

Palace insiders told The STAR Aquino did not want to appoint any of the four JBC nominees.

A source said Aquino preferred Jardeleza and was disappointed that Sereno had pushed for Tan’s appointment.

The JBC initially excluded Jardeleza over integrity issues raised by Sereno. However, on Tuesday, the SC, voting 7-4, reversed the decision of the JBC.

Presidential spokesman Edwin Lacierda said the President respects the SC processes, adding that an appointment would have to be made with or without Jardeleza in the JBC list.

“It just so happens that the President felt that the right person for the job is Solicitor General Francis Jardeleza. We congratulate Solicitor General Francis Jardeleza in his new assumption as Associate Justice Jardeleza,” he said.

Reports said Jardeleza deleted a portion of the memorandum the country submitted to the United Nations tribunal, undermining the country’s claim over the West Philippine Sea.

This involves the Taiwan-controlled Itu Aba, the largest island in the contested area, which Jardeleza reportedly argued would appease China and help restore normal ties.

Lacierda said he has no information on the preparation of the memorandum, except that Itu Aba was included when it was filed before the International Tribunal on the Law of the Sea.

SC has spoken

“The Supreme Court already made a decision on that point. The long and short of it is his name was submitted in the shortlist, and the President decided based on the names submitted on the shortlist,” he said.

Lacierda also denied that Malacañang exerted pressure on the JBC and the SC to include Jardeleza on the list.

He said the President chose Jardeleza “on the basis of his work and competence as solicitor general.”

“He is qualified – credentials-wise, academic-wise, he is qualified. As a practicing lawyer, he is also very well qualified. He has shown the integrity, the competence required of the position that he has – of the position that he has assumed in previous work experience,” he added.

Justices welcome Jardeleza

In a statement read by SC spokesman Theodore Te, the justices said they “look forward to his active, meaningful and immediate participation in the work of the Court – bringing justice to our people through its decisions and making the courts more responsive to our people’s needs through meaningful reforms.

“The members of the court are pleased that it is now a full court, and that no vacancy in it has been allowed to remain longer that necessary. The Court faces many challenges and much work remains to be done by all of us,” the statement added.

The magistrates also wished Jardeleza “success in all his years with us, and enjoin all employees of the judiciary to extend to him the courtesies, honor and support befitting his office.”

Six years

Jardeleza, 64, has six years to serve in the high tribunal.

He was appointed solicitor general in February 2012, replacing Jose Cadiz, after serving as deputy ombudsman for Luzon from July 2010.

Jardeleza also served as general counsel for San Miguel Corp. (SMC). from Jan. 1, 1996 to June 30, 2010.

He joined the Angara Abello Concepcion Regala and Cruz or ACCRA law firm in 1985 and later became chairman of its litigation department.

A salutatorian of the UP College of Law, he placed third in the 1974 Bar exams before finishing his Masters of Law degree in Harvard University.

He also trained in securities, litigation and public offerings as a foreign associate in the New York law firm of Sullivan and Cromwell.

Tan congratulates Jardeleza

Tan said she sent her congratulations to Jardeleza, adding that she is happy and has no hurt feelings over his appointment.

“The President has spoken and we have to respect. I fully respect his decision,” she said.

“That’s okay. That’s not a problem with me. I have said from the very beginning that if I am not appointed, fine. If not, maybe God has other plans for me,” she added.

Senate President Franklin Drilon allayed fears that Jardeleza’s appointment would tilt the balance for a pro-Aquino judiciary.

“Under the Constitution, the prerogative to appoint is under the President. The limitation is that he chooses from the list made by the JBC, so he chose one,” he said.

Very qualified

Justice Secretary Leila de Lima said Jardeleza is “very qualified” and “competent.”

“He’s very professional and a hard worker,” she told reporters in an ambush interview.

De Lima said she hopes the entry of Jardeleza to the SC “would be something that is healthy to the court in terms of dynamics.”

Asked to elaborate, she cited Sereno’s opposition to Jardeleza’s nomination.

“I’m just talking about the fact that it was the Chief Justice who raised the integrity issue. The Chief Justice is the oppositor. And now he is being appointed so I hope there would be no effect on the dynamics of leadership of the Chief Justice,” she said.

UP law professor Harry Roque Jr. said he is happy with the appointment of a former colleague in the SC, but shared De Lima’s concern.

“I’m a recent fan of Chief Justice Sereno. But ruling against her on Jardeleza undermines her leadership: Sereno losing in a Sereno Court. But she’s great!” he said in his Twitter account.

Meanwhile, Iloilo Rep. Niel Tupas, a member of the JBC, described Jardeleza as “a good and brilliant man. – With Edu Punay, Evelyn Macairan, Rhodina Villanueva, Paolo Romero, Christina Mendez