JBC closes nominations

Manila, Philippines -  The Judicial and Bar Council (JBC) stopped accepting nominations to the post of chief justice yesterday with Bureau of Internal Revenue Commissioner Kim Henares declining her nomination, saying she needed to finish reforms in the BIR.

Two other key administration officials – Justice Secretary Leila de Lima and Solicitor General Francis Jardeleza – have accepted their nomination.

“I feel that at this time, the reform we are undertaking in the BIR is as significant as the judicial reform that needs to be undertaken in the Supreme Court (SC),” Henares said.

Twenty-five aspirants have accepted their nomination, including acting Chief Justice Antonio Carpio and SC Justices Presbitero Velasco Jr., Teresita Leonardo-de Castro, Arturo Brion, Roberto Abad and Ma. Lourdes Sereno.

Four prominent members of academe have also accepted their nomination: former University of the Philippines law dean Raul Pangalangan, De La Salle University law founding dean Jose Manuel Diokno, University of the East law dean Amado Valdez and former Ateneo law dean Cesar Villanueva.

Only one member of Congress – Cagayan de Oro Rep. Rufus Rodriguez – made it to the JBC list. Presidential Commission on Good Government chairman Andres Bautista, Commission on Elections commissioner Rene Sarmiento and Securities and Exchange Commission chair Teresita Herbosa also accepted their nomination. Former senator Ramon Magsaysay, who nominated Bautista, said “a fresh ethical lawyer with a sense of fairness, candor and integrity is what is needed at this time.”

Completing the long list are Court of Appeals Justice Vicente Veloso, Manila Regional Trial Court Judge Ma. Amelia Tria-Infante, retired Judge Manuel Siayngco Jr., former executive secretary Ronaldo Zamora and lawyers Katrina Legarda, Soledad Cagampang-De Castro, Rafael Morales, Vicente Velasquez and Ferdinand Jose Pijao.

Based on the JBC list released at around 6 p.m., 22 nominees, including Henares, have rejected their nomination: SC Justices Diosdado Peralta, Lucas Bersamin, Jose Mendoza, Jose Perez, Bienvenido Reyes and Estela Perlas-Bernabe; CA Justices Magdangal de Leon, Noel Tijam and Gabriel Ingles, and retired CA presiding Justice Andres Reyes, Sandiganbayan Presiding Justice Francisco Villaruz Jr., defeated presidential candidate Gilberto Teodoro Jr., Integrated Bar of the Philippines national president Roan Libarios, Executive Secretary Paquito Ochoa Jr., Camiguin Rep. Pedro Romualdo, Laguna Assistant State Prosecutor Cesar Sasondoncillo, former Ombudsman Simeon Marcelo, former energy secretary Raphael Lotilla, former UP law dean Marvic Leonen, and lawyers Pedro Aquino, Ramon Maronilla and Nepomuceno Aparis.

Senators Franklin Drilon and Miriam Defensor-Santiago, former senator Rene Saguisag, former Makati City congressman Teodoro Locsin Jr. and Court Administrator Jose Midas Marquez earlier publicly declined their nomination.

The JBC has received a total of 70 nominations and two applications.

Also yesterday, former solicitor general Frank Chavez asked the SC to stop the JBC from proceeding with the selection process, citing a constitutional question regarding the composition of the council.

He said the Constitution allows only one representative from Congress in the JBC. Sen. Francis Escudero and Iloilo Rep. Niel Tupas Jr. represent the legislative branch in the JBC.

Tax reforms

In declining her nomination, Henares said reforms are all the more needed in the BIR considering that the tax collection target has been raised to P1.2 trillion in 2013 from P1.066 trillion this year.

BIR collections account for 70 percent of total government revenues. “Inasmuch as revenues are needed by the government to sustain economic progress, it is important to sustain the reforms we are undertaking in the BIR as these changes provide the backbone for reforms in the BIR and are among the major milestones to be achieved to prepare the revenue agency for the future,” Henares said. “Although I am honored by the faith and confidence reposed upon me by the people who nominated me to the chief justice position, I regret I could not accept the nomination,” she said.

Under her leadership, the BIR has put in place reforms including simplifying registration, filing and payment procedures. Improvements in auditing and collection have also been introduced.

“In addition, we are enhancing our Information Taxpayer Systems, built during the 1990s, with the assistance of the grant from the Compact Program of the Millennium Challenge Corporation. These major efforts are being undertaken to enable us to meet the ever-increasing challenge of reaching revenue collection targets given to us annually,” Henares said.

The BIR chief said that while tax efficiency has greatly improved since the start of the two-year old Aquino administration, more reforms are needed.

“As reflected in our increasing target allocations, last year we collected P924 billion, this year, we are asked to collect P1.066 trillion, and next year we need to collect approximately P1.2 trillion. I feel that at this time, the reform we are undertaking in the BIR is as significant as the judicial reform that needs to be undertaken in the Supreme Court,” she said.

However, Henares said she is not closing her doors on the chief justice position, adding that if and when an opportunity arises again in the future, she may accept it.

No Palace hand

Malacañang, meanwhile, distanced itself yesterday from De Lima’s decision to accept her nomination.

“The premise (that Aquino advised her to accept her nomination) is not entirely correct because there is no go-signal from the President,” presidential spokesman Edwin Lacierda told Palace reporters in a news briefing.

“You cannot force someone if some person would not prefer to take that challenge. Obviously, the statement of Secretary De Lima was that she is going to take up the challenge and so she is willing to be examined by her peers,” he pointed out. “And there was no approval from the President.”

But he admitted De Lima and Aquino talked about her decision.

“And, like I said, the President just told Secretary De Lima that he will respect whatever decision that she will make,” he said.

Lacierda also rejected insinuations that De Lima was being disobedient to Aquino in opting to accept her nomination.

“There’s no such thing as disobedience there because obviously there was a nomination process. And I think a lawyer – this has always been a common statement of any lawyer – one of the dreams of a lawyer is to be chief justice,” he said.

“There are very few who would not want to be chief justice, myself included, but it’s an honor to be nominated as chief justice,” Lacierda declared.

He also stressed that De Lima has to go through the rigid JBC screening procedure.

“There is no assurance here. Secretary De Lima is going through the process of being screened by the JBC as with any other nominee,” Lacierda said.

“The President told her that ‘it’s up to you, you make your decision and whatever decision you make’ the President will respect the decision,” he said.

“The secretary of Justice and Kim Henares are important assets in his administration and his initial preference was for them to stay. But, of course, one could not stop (her) since there was already a nomination that was given to the JBC,” he said.

The palace spokesman also sees no need for De Lima to either take a leave of absence or resign from her post while the JBC scouts for the next chief justice. “No, we don’t think so. The business of governing and the business of running the DOJ are too important to be left to an underling. Right now, there is no certainty that she will be appointed as chief justice,” he said.

“Therefore, there’s only an expectation of each nominee to be appointed. Everybody has an equal chance of getting appointed so there’s no reason for Secretary de Lima to take a leave from her post,” Lacierda added.

‘In bad taste’

For House Majority Leader Neptali Gonzales II, De Lima should reconsider her acceptance of her nomination for chief justice to spare the President from possible controversy that might arise from her being a witness against former chief justice Renato Corona.

He said her decision might lead to accusations that she testified against Corona because she wanted to take his place, he said.

Gonzales added that it was for the same reason that he had urged acting Chief Justice Antonio Carpio to turn down his nomination.

He noted that Corona had accused Aquino of supposedly heading a conspiracy that included Carpio to remove him from his post as chief justice.

“No question that both Justice Carpio and Secretary De Lima are highly qualified, but the mere acceptance of their nominations may put President Aquino in bad light as this may give credence to the statement of former CJ Corona that he was deliberately removed to be replaced by one with close ties to the Palace,” he said.

He said those identified with Aquino and former President Gloria Macapagal-Arroyo should voluntarily withdraw from the search for a new chief justice.

“This will be good for the country as it will ensure the independence and restore the integrity of the Supreme Court,” he said.

Lipa, Batangas Archbishop Ramon Arguelles, for his part, said De Lima’s decision was done in “bad taste.”

“The whole thing is in bad taste. The judiciary has lost its independence,” he said.

Arguelles had supported Corona in his impeachment trial.

But Sorsogon Archbishop Arturo Bastes had a different opinion. “For me it does not matter provided that she is objective and impartial.”

Meanwhile, Sen. Francis Pangilinan said the next chief justice should be chosen based on his or her capability to address the judiciary’s problems of low conviction rate and high vacancy rate of judges.

“Vacancy rate, as far as judges are concerned, is 25 percent or one-fourth is absent or missing,” he said. “What would the CJ do to increase the conviction rate from a measly 16 percent to something like that of Hong Kong’s anti-corruption council’s conviction rate of 79 percent. In Japan I am told it is higher than 80 percent,” he added. – With Delon Porcalla, Jess Diaz, Evelyn Macairan, Rainier Allan Ronda