MANILA, Philippines - Former chief justice Hilario Davide Jr. on Thursday returned to the Supreme Court (SC) to personally oppose the proposal of Iloilo Rep. Niel Tupas Jr. for the Judicial and Bar Council (JBC) to ease qualifications for aspirants to judicial posts.
Davide told the JBC chaired by incumbent Chief Justice Renato Corona that the proposal is against the intent of the JBC internal rules that he himself authored.
“Being one of the principal authors of the JBC-009 which can truly be said to be JBC’s bible in the performance of its solemn task, and into which the members of the year 2000 had given their precious gifts of wisdom, understanding and knowledge, I cannot, with all due respect, allow any attempt to weaken it,” he said during public consultations held by JBC last Thursday.
The former Philippine ambassador to the United Nations pushed for strict requirements for judicial posts during promulgation of JBC rules on Oct. 21, 1998.
Davide stressed that the requirement on integrity under JBC rules is enshrined in the Constitution, which mandates that “a member of the judiciary must be a person of proven competence, integrity, probity and independence.”
Apart from Davide, retired chief justices Artemio Panganiban and Reynato Puno earlier strongly opposed Tupas’ proposal.
The JBC opted to hold public hearings to consult concerned sectors first before deciding on the proposal. The last hearing is set on Monday.
Tupas specifically sought relaxation of the rule to give the JBC full discretion whether an applicant will be nominated despite a pending criminal or administrative case filed against him.
The lawmaker also recommended to JBC to allow those who have been fined up to P20,000 to be considered for appointment or promotion to the judiciary.
Under the present rule, only those who have been fined by not more than P10,000 can be nominated to the judiciary.