Ombudsman vacancy not in JBC immediate agenda

MANILA, Philippines -  Supreme Court spokesman Midas Marquez explained yesterday that the search for the replacement of Ombudsman Merceditas Gutierrez, who resigned from her post last Friday, may not be as quick as President Aquino wants it to be.

Marquez said the Judicial and Bar Council (JBC) has not included in the agenda in its weekly meeting this morning the vacancy in the Ombudsman.

Gutierrez resigned from her post last Friday or 10 days before her impeachment trial starts before a Senate impeachment court.

She said she wanted to spare the nation and just allow Senate to focus on other pressing legislative concerns.

Marquez told The STAR that a formal notice of the vacancy from the Office of the Ombudsman or a formal request from Malacañang would be necessary for the JBC to formally start the selection process by opening the post to applications and nominations.

“Unless either of those papers reaches the council before the meeting starts, it would be unlikely for it to immediately act on the vacancy,” he said, citing the requirement in JBC rules and processes.

Marquez said if not today, the selection process would start immediately after the vacancy is submitted to JBC and might be included in its agenda next week.

He said it is required for the JBC, which is chaired by Chief Justice Renato Corona, to receive first the formal notice of vacancy in positions in the Ombudsman and in the judiciary where it vets aspirants before starting the nomination process.

One example was the case of the vacancy left by the resignation of Deputy Ombudsman for Luzon Mark Jalandoni.

The JBC formally announced the vacancy and issued the invitation for the filing of applications and recommendations for the position last Friday after President Aquino accepted last April 12 Jalandoni’s resignation and after the Palace submitted a formal notice to the council last Monday.

Marquez said the council might take judicial notice of news reports about the vacancy but the JBC would still have to verify with the Ombudsman through formal comunication.

Upon receipt of notice, the JBC then places advertisements in major newspapers to announce the vacancy and invite applications and nominations. The rules provide that the posts be filled within 90 days after the vacancy.

The resignation of Ombudsman Gutierrez takes effect May 6, which means the President has until Aug. 4 to name her replacement.

Under RA 6770 (Ombudsman law), Deputy Ombudsman Orlando Casimiro - being the next most senior official - takes over the duties of the Ombudsman during the period of vacancy.

In the same law, the JBC is required to process applications and submit to the President a list of at least three nominees for the post.

The law also requires the Ombudsman to be a “natural born citizen of the Philippines, at least 40 years old, of recognized probity and independence, member of the Philippine Bar, and must not have been candidate for any elective national or local office in the immediately preceding election whether regular or special.”

The Ombudsman, who has a fixed term of seven years, must also have at least ten 10 years’ experience as a judge or law practitioner in the Philippines.

JBC member eyes talks on Ombudsman

Sen. Chiz Escudero, JBC ex-officio member and chairman of the Senate committee on justice and human rights, said the members of the JBC would likely start discussions today on the replacement of resigned Ombudsman Gutierrez.

Escudero said the JBC will open the nomination for the next Ombudsman, put the candidates’ credentials into review, and then send a list of nominees to President Aquino.

“The power to appoint (the next Ombudsman) remains with President Aquino. The JBC’s role will just be recommendatory. The JBC will look into the profile of anyone who will be submitted to it,” said Escudero.

During the JBC’s regular meeting today, Escudero said the issue on whether the next Ombudsman will merely serve Gutierrez’s unexpired term or if the nominee will get a full seven-year term will also be discussed.

Escudero expressed belief that Gutierrez will remain in the private sector where she can pursue her promise to continue in her pursuit against corruption.

He doused speculations that Gutierrez might have struck a deal with Aquino to spill the beans against her former boss, former President and now Pampanga Rep. Gloria Macapagal-Arroyo.

He remained optimistic that whoever will be appointed as Gutierrez’s replacement will be loyal to the position, not to the appointing power.

The next Ombudsman may review the cases pending before its office, including those perceived to have been sat upon by the outgoing Ombudsman.

But as in regular cases, Escudero said the review cannot be done without any legal move from parties concerned.

He added that new Ombudsman will face a challenge on how to weigh the campaign against grafters in the government and his loyalty to the appointing power – which in this case is President Aquino. – With Christina Mendez