Continued presidential pressure on the Judicial and Bar Council appears to be paying off, as the JBC has again not only put off its deliberations on the final shorlist of nominees for the vacancy of the next chief justice until tomorrow, Wednesday, but the collegial body also will tackle the issue of the Integrated Bar of the Philippines’ disqualification of Justice Secretary Leila de Lima and vote on the issue.
The deferment was claimed to be an accommodation of representatives of Congress who had voluntarily inhibited themselves from the body’s proceedings earlier while a case on the JBC’s composition was being heard by the Supreme Court.
Already, Iloilo Rep, Niel Tupas Jr., a loyal ally of President Aquino, has bared that he is pushing an amendment to the rule on disqualifying candidates who are facing administrative cases. Changing the rules of the JBC on the disqualifications of nominees and candidates for judicial posts, especially in the case of the position of Chief Justice, will bring about the inclusion of De Lima in the JBC shortlist.
De Lima is seen as Aquino’s choice for the High Court’s Chief Justice, and Aquino had already admitted that he and his legal aides have been lobbying both the IBP and the JBC to get De Lima’s disbarment cases dismissed, in the case of the IBP, and failing that, has tapped his ally, Tupas, to introduce amendments for the purpose of qualifying De Lima and include her name in the JBC shortlist.
Sen. Francis Escudero, one of the two representatives of Congress to the JBC, said that the council will deliberate on the shortlist. The JBC had announced that it will hold deliberations and come up with a shortlist of at least three nominees for the Chief Justice position. The three names will be chosen from the list of 20 final candidates interviewed by the council last month.
“Well we agreed to defer the discussions until Wednesday so we can review the ealier proceedings. We (Congress reppresentatives) distanced ourselves earlier,” Escudero told reporters after the council’s closed-door meeting.
Escudero claimed that the IBP decision to investigate the disbarment cases against De Lima was not discussed, but sources contraducted his claim, which is why Tupas has readied his amendment of the JNC rules on disqualification.
Tupas was quoted as saying that he has a pending amendment to the rules, in order for the JBC to be equitable and fair to the applicants, although he admitted that the decision to amend or not depends on the JBC members by Wednesday, the date the JBC has scheduled for the resetting of deliberations.
He admitted that under the rules, De Lima is definitely disqualified.
Escudero and Tupas, also a representative of Congress to the JBC, inhibited from the deliberations of the JBC after the Supreme Court ruled last July 17 that only one member from Congress should sit in the council.
The High Court in a flip flop of an earlier decision suspended a portion of the July 17 resolution that states the decision was “immediately executory.” and said that the JBC can resume its functions with two representatives from Congress.
It said that it has to rule on the motion for reconsideration filed by Escudero and Tupas before declaring the July 17 as immediately executory.
Meanwhile, an opposition was filed yesterday before the JBC by anti- crime crusader Lauro Vizconde seeking Acting Chief Justice Antonio Carpio’s disqualification from the shortlist citing the latter’s alleged shortcomings as a magistrate
Vizconde said he filed a 10-page disbarment complaint to stop the JBC from including Carpio in the shortlist of nominees for possible appointment as the next Chief Justice.
However, Vizconde clarified that his filing of the complaint was not for his own personal reasons.
He said that he filed the complaint in the interest of the public because he believed that Carpio was not fit to become the next Chief Justice.
Earlier, Vizconde and Carpio were at odds after the former accused Carpio of alleged interference and manipulation in the so-called Visconde Massacre case that led to acquittal of principal suspect Hubert Webb.
Webb was acquitted of rape and murder of Carmela, the daughter of Vizconde, and the slaughter of Visconde’s wife Estrellita and youngest daughter, Anne Marie at their residence in BF Homes Subdivision, Parañaque City on June 29, 1991.
Also acquitted of rape and murder charges were Antonio Lejano, Michael Gatchalian, Hospicio Fernandez, Miguel Rodriguez and Peter Estrada.
Carpio was allegedly one of the witnesses and a lawyer of the Webb camp.
Under the JBC Rules, a nominee for the position in the Judiciary, the Ombudsman, or the Deputy Ombudsmen is automatically disqualified if he has a pending case.
With PNA
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