MANILA, Philippines - Even if he defended the Aquino administration's Disbursement Acceleration Program (DAP), the public can expect outgoing Solicitor General Francis Jardaleza to be an independent magistrate of the Supreme Court, Malacañang said Wednesday.
"When you speak of independence, I think the appointees of the President have proven that so there should be no issue with respect to independence," Presidential Spokesperson Edwin Lacierda said at a televised press briefing.
Malacañang announced earlier today that the President has signed the appointment of Jardeleza to replace retired Associate Justice Roberto Abad.
Jardeleza served the administration for more than two years as its primary counsel. He previously defended the DAP during oral arguments before the high court, which declared the controversial budget mechanism as partially unconstitutional.
The new magistrate was also the one who filed the administration's motion for reconsideration on the DAP ruling.
Now that he is at the SC, Jardeleza is being urged by minority lawmakers to inhibit himself from the high court's deliberations on the government's appeal on the DAP.
Disunity
Bayan Muna Rep. Neri Colmenares also fears that the appointment of Jardeleza to the SC will sow disunity in the high court.
"[T]he president appointed a justice na pinrotest ng sarili niyang appointee sa CJ (chief justice) so definitely the SC will be a troubled court after the recent events, not just the appointment of Justice Jardeleza but also sa decision sa DAP," Colmenares said in a press conference, a transcript of which was sent to media outfits.
Colmenares was referring to Chief Justice Maria Lourdes Sereno, an Aquino appointee who opposed Jardeleza's inclusion in the shortlist of the Judicial and Bar Council (JBC).
Meantime, Malacañang is advising everyone to just wait for what Jardeleza will do regarding the DAP appeal.
"With respect to how he will act on the matter of the DAP motion for reconsideration, let's just wait for his action, whatever it would be," Lacierda said.
Lacierda said the President believes that Jardeleza is "very qualified" for his new post at the high court.
"Francis Jardaleza has shown the integrity, the competence required of the position that he has assumed in his previous work experience," he said.
Despite not being included on the intial JBC shortlist, Jardeleza bested four other nominees for the post - Court of Appeals Associate Justices Apolinario Bruselas and Jose Reyes Jr., Commission on Audit Chair Grace Pulido-Tan and Quezon City Regional Trial Court Judge Reynaldo Daway.
He was finally included on the JBC list after his third attempt to make it in the selection process, with the Supreme Court granting his petition for certiorari and mandamus.