JBC may have violated own rule in Sandigan appointment

MANILA, Philippines – The Judicial and Bar Council (JBC) has apparently disregarded its own rules in nominating Malolos Regional Trial Court Judge Theresa Mendoza-Arcega as one of six new justices of the Sandiganbayan appointed last week.

The STAR learned yesterday that Arcega was included in one of six shortlists for six vacancies in the Sandiganbayan last October despite having an insufficient number of votes from the seven-member JBC, which is tasked to vet appointees to judicial posts.

According to an insider in the judiciary, the JBC specifically violated Section 2, Rule 10 of its Resolution No. JBC-007, which requires unanimous approval of all seven members of the council before a nominee facing opposition can be included in the shortlist.

The rule provides that “in every case where the integrity of an applicant who is not
otherwise disqualified for nomination is raised or challenged, the affirmative vote of all the members of the council must be obtained for the favorable consideration of his nomination.”

Records showed that the JBC received two oppositions to Arcega’s nomination – from lawyer Pedro Principe and her relative Mario Samonte – questioning her integrity and impartiality.

But during deliberations, Arcega got six votes from the seven JBC members.

“Under the rules, she should get unanimous votes of seven JBC members to be able to be included in the shortlist. She only got six, so it’s questionable why she was included,” the source stressed.

The Office of the President was informed about the violation of JBC rules in Arcega’s nomination in a letter in December last year from the Philippine Trial Lawyers Association Inc.

“Unfortunately, Judge Arcega got only six votes, hence, her inclusion in the shortlist submitted by the JBC to Your Excellency necessarily makes it invalid on the ground that the affirmative vote of all the seven members of the JBC was not obtained as mandated by the rule,” read the letter, a copy of which was obtained by The STAR.

The Chief Executive, however, apparently ignored the violation of JBC rule and still appointed Arcega.

The STAR reported yesterday that the judge has a pending administrative case before the SC when she was appointed Sandiganbayan justice last week.  – With Delon Porcalla