Sarmiento, Legarda face JBC for Supreme Court seat

MANILA, Philippines - Elections Commissioner Rene Sarmiento and lawyer Katrina Legarda have faced the Judicial and Bar Council (JBC) in their bid to be named to a vacant seat in the Supreme Court.

The two are first-time applicants.

In his public interview yesterday, Sarmiento told the JBC that he supports efforts to amend the Constitution.

One of the Constitution’s framers, Sarmiento believes the administrative and judicial functions of the Commission on Elections (Comelec) should be separated, and that the Commission on Human Rights should be given power to investigate and prosecute cases.

Sarmiento also proposed a shift from a unitary to a federal form of government.

“It should be studied because in Spain and Russia, this is their formula to address insurgencies and rebellions,” he said.

“We have the longest-running insurgency in Asia. Insurgents and rebels have been around for 50 years already.”

Sarmiento said changes should be made through a constitutional convention, since a constituent assembly could be motivated by selfish interests of lawmakers.

Sarmiento said the only question in amending the Constitution is timing.

“We should give time to the Aquino presidency to settle down first so that they would be able to review these proposed amendments,” he said.

In ending the interview, retired SC justice Regino Hermosisima Jr., a JBC member representing retired justices, said he was “exhilarated” by how Sarmiento spoke on “matters of importance.”

Sarmiento practiced law for 25 years and graduated from the University of the Philippines College of Law in 1978.

The 56-year-old Sarmiento also became consultant to the presidential committee on human rights in 1987 and was a member of the committee from 1991 to 1994.

He also served as member and later vice chairman of the government panel for talks with communist rebels.

Sarmiento was officer-in-charge of the Office of the Presidential Adviser on the Peace Process before being named to the Comelec.

Legarda, who was interviewed by the JBC the other day, said she will strongly oppose the revival of the death penalty.

Legarda believes it is not a deterrent to crime.

“It is not the penalty that’s the deterrent,” she said. “It’s the assurance that gives awareness to the criminals that they will be arrested, prosecuted and convicted.”

The JBC has questioned the qualifications of Legarda, especially her competence in fields of law other than her expertise.

Hermosisima asked her how she would handle election, corporate, labor, admiralty and other cases when her 35-year practice only covered graft and family cases.

In response, Legarda said a lawyer does not know everything.