Congress representation in JBC

The Supreme Court today allowed Senator Francis Joseph G. Escudero and Rep. Niel C. Tupas, Jr. to both sit in the deliberations of the Judicial and Bar Council (JBC) on who would be included in the short list of nominees for Chief Justice to be submitted to Malacañang.

The High Court’s directive came a day after it heard in oral arguments the motion for reconsideration of its July 17, 2012 decision filed by the Office of the Solicitor General representing Sen. Escudero and Rep. Tupas, Jr., on the Court’s July 17, 2012 decision on GR No. 202242, Francisco I. Chavez v. Judicial and Bar Council, which held that only one member of Congress can sit as representative in the JBC deliberations.

In a three-page resolution, the Court also suspended the effect of the second paragraph of the dispositive portion of the July 17, 2012 decision, which reads: “This disposition is immediately executory.

The Court, in its latest resolution, also gave the JBC, Sen. Escudero, Rep. Tupas, Jr., and Francisco I. Chavez 10 days from notice within which to file their respective memoranda.

In the best interest of justice, the High Court also held that all its present members, including those who in the meantime have inhibited themselves, be given the opportunity to take part in the final deliberations and resolution of the petition considering the risk of either under-representation or over-representation of Congress in the JBC.

“The Court finds it more equitable for the present members of the JBC to resume their task of selecting nominees for the vacant position of the Chief Justice. Accordingly, pending the final resolution of this petition, Senator Escudero and Congressman Tupas, Jr., in their capacities as representatives of Congress, may simultaneously sit as ex officio members of the JBC and exercise the functions flowing therefrom,” held the Court.

SC Justice Diosdado M. Peralta, who presided the JBC panel interview of the candidates for the position of the next Chief Justice held from July 24 to 27, 2012, also presided during the oral arguments held on Wednesday, August 2, 2012. Also participating in the oral argument were SC Justices Bienvenido L. Reyes, Jose Portugal Perez, Roberto A. Abad, Lucas P. Bersamin, Peralta, Mariano C. Del Castillo, Martin S. Villarama, Jr., Jose Catral Mendoza, and Estela M. Perlas-Bernabe. 

Acting Chief Justice Antonio T. Carpio and Justices Presbitero J. Velasco, Jr., Teresita J. Leonardo-De Castro, Arturo D. Brion, and Maria Lourdes P.A. Sereno inhibited from the oral arguments as they are among those considered for nomination by the JBC to the Chief Justice post. (Min. Res., GR 202242,Chavez v. JBC, August 3, 2012)