JBC challenges SC ruling on Jardeleza

MANILA, Philippines - The Supreme Court has been asked to reverse its decision last Aug. 19 to include then solicitor general Francis Jardeleza in the shortlist for an SC seat.

The STAR obtained a copy of the motion that the Judicial and Bar Council (JBC) filed last Monday seeking that remedy.

The motion was filed through lawyer Analiza Ty-Capacite, JBC executive officer.

In the motion, the JBC said the SC can still reverse the decision as it has not yet become final.

“The case could not be considered moot since the assailed decision has produced certain legal effects and created new legal doctrine on the basis of certain factual conclusions,” the motion declared. “The instant case sets a dangerous precedent at a time when the JBC is bent on performing its mandate to the fullest.”

The JBC said it was not questioning Jardeleza’s appointment – only his inclusion in the shortlist emanating from the SC ruling.

“The majority decision resulted in judicial overreach by altering the shortlist,” read the motion.

“The Constitution gave JBC sole discretion to determine presidential recommendees to the judiciary.”

The JBC said the SC’s administrative supervision over it does not include the power to overturn a decision and to order a review or change its rules.

“The honorable court inadvertently shifted the onus of proving one’s integrity from the applicant to that of the JBC,” read the motion.

The JBC said Jardeleza’s right to due process was not violated, contrary to the SC findings.

Jardeleza was sufficiently informed of the objections against him and that he was also given an opportunity to answer them, the JBC added.

The JBC said its members only wanted Jardeleza to elaborate on his defense when they asked him to appear before their deliberations and voting last June 30.

“But he refused to do so,” read the motion.

JBC chairman Chief Justice Ma. Lourdes Sereno’s objection to Jardeleza’s nomination due to “integrity issues” initially caused his exclusion from the final list submitted to President Aquino.

Last Aug.22, Jardeleza was named to the SC to replace retired Associate Justice Roberto Abad after the ruling was made immediately executory.

In the assailed ruling, the SC voted 7-4 to reverse a JBC decision to exclude Jardeleza despite his having secured ample votes.

The SC ordered the inclusion of Jardeleza in the shortlist submitted to Aquino, who eventually picked him.

The JBC had excluded Jardeleza even if he garnered enough votes to make it to the shortlist.

The SC also directed the JBC to “review and adopt rules relevant to the observance of due process in its proceedings… subject to the approval of the Court.”