JBC to hold public hearing on qualifications for judicial posts

MANILA, Philippines - The Judicial and Bar Council (JBC) will hold public hearings on the proposal of Iloilo Rep. Niel Tupas Jr. to ease up qualifications for aspirants to judicial posts.

Chief Justice Reynato Corona of the Supreme Court, ex-officio chair of JBC, said their council arrived at this decision during a meeting yesterday morning.

“JBC decided to hold consultations to hear the views of the stakeholders – Integrated Bar of the Philippines, law school deans, judges’ associations, prosecutors, retired Chief Justice Reynato Puno, former JBC member and Sen. Aquilino Pimentel Jr. and the public in general,” he announced.

The chief justice said schedule of the hearings would still be set and announced in newspapers.

The JBC opted to hold the public consultation after Puno and Pimentel opposed the proposal, believing that the requirements for candidates for justices and judges should even be stricter than the current ones.

In separate statements, they both called on the JBC to thumb down Tupas’ proposal.

“On the contrary, the JBC should be stricter in the screening of aspirants for the judiciary,” Puno stressed.

The former SC and JBC chief further suggested that should Tupas’ proposal be allowed, the council “should call a public hearing for a wider consultation with the stakeholders of the justice sector.”

“It should get the viewpoints of the Integrated Bar of the Philippines, law professors, members of the academe, retired justices, and NGOs. There should be more extensive consultation,” Puno explained.

“There is no need to rush amendments to the existing JBC Rules, which have been guiding the JBC in the performance of its constitutional mandate. These should be carefully deliberated upon as they may have serious repercussions that could significantly weaken the Council,” he added.

But for Pimentel, consultation would not even be necessary for JBC members to realize that the proposal “to relax stringent rules that were designed to prevent misfits or miscreants from becoming judicial officials is sadly misplaced.”

“As a lawyer and former JBC member, I submit that the judiciary more than any other agency of the government needs rules to ensure that all those who are to administer justice must, like Caesar’s wife, be above suspicion,” he appealed.

The former senator stressed that, “Prospective and incumbent members of the judiciary must be insulated from political partisan pressure or from any undue influence so that justice may be dispensed to the people blindly and speedily as the constitution mandates.”

“That’s why those rules instead of being loosened should even be tightened up,” he added.

Chief Justice Corona, in a speech during the 2011 JBC Strategic and Operations Planning Workshop, has already said that he was “seriously bothered by recent suggestions to raise the threshold of disqualification for nomination to the judiciary.”

“At present, it is a fine of P10,000 and a suspension regardless of period. Being penalized for that amount and/or suspended for any period should be enough to raise clear warning signals about a candidate’s fitness for the office he or she seeks,” he said.

“Let us remind ourselves of the Code of Judicial Conduct which says that ‘an honorable, competent and independent judiciary exists to administer justice and thus promote the unity of the country, the stability of government, and the well-being of the people.’ Keep in mind the reason why the JBC was ordained by the 1987 Constitution in the first place and the judicial vetting power of the Commission on Appointments transferred to it: to insulate the judicial selection process from politics,” Chief Justice Corona said.

Lawyer Marlon Manuel, coordinator of the Alternative Law Groups (ALG), has also opposed the proposal.

“It’s not good to lower down the standards. We have to bear in mind that relevant posts (are decided by it),” Manuel said.

The JBC is set to meet today and discuss Tupas’ proposal for amendment of Rule 4, Section 5 of JBC-009 on the disqualification of nominees for appointment to any judicial post or as ombudsman or deputy ombudsman.

In a letter to Chief Justice Corona earlier this month, Tupas specifically sought relaxation of this rule to give the JBC full discretion whether or not an applicant will be nominated despite the pendency of a criminal or administrative case against him.

Tupas also recommended to allow those who have been fined by up to P20,000 to be considered for appointment or promotion to the Judiciary. The present rule allows only those who have been fined by not more than P10,000 to be considered. The amendment, according to

Rep. Tupas, allows more candidates to be nominated especially if the case does not relate to one’s integrity.