2 Court of Appeals justices top JBC choices for vacant seats in Supreme Court

MANILA, Philippines - Court of Appeals Associate Justices Hakim Abdulwahid and Jose Mendoza are the Judicial and Bar Council’s (JBC) top choices for two vacant seats in the Supreme Court (SC).

Associate Justice Leonardo Quisumbing bowed out last Nov. 6 and Justice Minita Chico-Nazario is set to retire on Dec. 5.

SC spokesman Jose Midas Marquez said Abdulwahid and Mendoza each got six votes from JBC members yesterday and topped the shortlist to be submitted to President Arroyo.

Abdulwahid had already been nominated to the post by the JBC twice, when Justice Ma. Alicia Austria-Martinez retired on April 30, and Justice Dante Tinga on May 11.

If chosen, Abdulwahid would become the second Muslim in the SC since retired Justice Abdulwahid Bidin, who was named by President Corazon Aquino in January 1987.

Mendoza is applying to the SC for the first time.

Marquez said the JBC has chosen four other applicants for the shortist for the vacant SC posts.

They are Court Administrator Jose Perez and Sandiganbayan Justice Francisco Villaruz, who each got five votes, and CA Justices Magdangal de Leon and Noel Tijam, four votes each.

Marquez said before the JBC came out with the shortlist, its members had to vote again since there were originally six candidates who got four votes.

Prior to the runoff, De Leon and Tijam shared third place, with Court of Tax Appeals Presiding Justice Ernesto Acosta and Justice Lovell Bautista, CA Justice Portia Hormachuelos, and Makati Rep. Teodoro Locsin Jr.

Marquez said JBC members then voted and chose De Leon and Tijam.

President Arroyo has 90 days from the date of the start of the vacancies to name the replacements of Quisumbing and Nazario.

Justice Secretary Agnes Devanadera and Sandiganbayan Justice Alexander Gesmundo, whom the SC had recommended last week for the two vacant posts, did not make it to the shortlist.

Devanadera was excluded from the list because the Office of the Ombudsman has yet to resolve a pending graft case filed against her.

Marquez said under the rules, those with pending cases cannot be considered for the SC.

“She (Devanadera) can still apply to the SC because there will be another vacancy in May 2010 when Chief Justice (Reynato Puno) retires,” he said.

Marquez said the JBC has already asked the Office of the Ombudsman to act on the cases against Devanadera.

“But it appears that there is a number of pending cases against her,” he said. – Edu Punay