I write in reaction to the various views and reports regarding the public’s renewed concern on the appointment of Supreme Court Justices, brought about by the retirement of seven (7) incumbent SC Justices next year (Groups launch campaign for vigilance in selection of new SC justices, Phil. STAR, 18 November; An unprecedented opportunity, editorial, Phil. STAR, 11 November, etc.).
The matter of appointments to the Supreme Court is a matter of high public interest. Thus, the Chief Justice Reynato S. Puno himself has called on private groups to help search for the best candidates for the High Court. Accordingly, the recent formation of a citizen’s search committee within the Supreme Court Appointments Watch consortium, and the launching of Bantay Korte Suprema are welcome developments toward the call of the Chief Justice.
Under the 1987 Constitution (Art. VIII, Sec. 9), “The Members of the Supreme Court . . . shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation.” This departure from the old process where presidential appointments to the judiciary shall be confirmed by the Commission on Appointments was introduced by the framers of the 1987 Constitution to shield the judges, and the appointment process, as much as possible, from politics.
As mandated by the Constitution, the President can only appoint from a list of at least three names submitted by the JBC. Thus, while appointments to the Supreme Court, or to any other lower court for that matter, rests on the President’s sound discretion, such discretion is bound by the list submitted by the JBC. Consequently, the President cannot reject all the nominees of the JBC, return its list, and ask for the inclusion of preferred candidates, contrary to the view of others. This is a limitation on the presidential prerogative. To be sure, this cannot be allowed under the watch of the incumbent Chief Justice.
Rest assured that the JBC will highly consider the recommendations from the SCAW, the Bantay Korte Suprema, and other well-minded organizations, and will continue to perform its constitutional mandate functions and duties — independently — to the best interest of the High Court, and the country.
In this regard, the public hearing on the first vacancy shall commence on 19 November 2008, 9 a.m. to 5 p.m., at the Division Hearing Room, 1st Floor, Supreme Court. — JOSE MIDAS P. MARQUEZ, Assistant Court Administrator, Chief, Public Information Office, Chief of Staff, Office of the Chief Justice