JBC wraps up public grilling of SC aspirants

MANILA , Philippines – The Judicial and Bar Council on Wednesday wrapped up the public interrogation of 14 contenders vying for a slot in the Supreme Court (SC) to be vacated in January 2009. Interviewed by the JBC on Wednesday were Ateneo School of Law Dean Cesar Villanueva, Court of Appeals (CA) Associate Justice Martin Villarama and Sandiganbayan Associate Justice Francisco Villaruz Jr. The JBC is a constitutionally-created body that vets, screens, and recommends appointees to the President for vacancies in the Supreme Court and the lower courts. Matters raised during the public grilling include the possibility of Charter change (Cha-cha), the legitimacy of President Gloria Macapagal Arroyo’s victory in the 2004 elections amid allegations of electoral fraud, the separation of the Church and the state, and the independence of the judiciary from other branches of the government. Charter change Efforts to introduce Charter change have been gathering momentum after a resolution seeking to convene Congress into a constituent assembly has gained the support of 167 members of the House of Representatives. Section 1 Article XVII of the1987 Constitution mandates that "Any amendment to, or revision of, this Constitution may be proposed by the Congress, upon a vote of three fourths of all its members, or by a constitutional convention." Asked whether the two houses of Congress should vote jointly or separately in a constituent assembly, Villanueva said “the Senate and the House of Representatives must vote separately as co-equal bodies." In an interview with GMA News, Villanueva added he is in favor of amending the 1987 Constitution “as long as we follow the Constitutional provisions on how to amend the Charter." Critics of the administration and civil society groups, however perceive that Charter change could be used to prolong President Gloria Macapagal Arroyo’s term beyond 2010. In the public grilling, CA Justice Villarama said he is in favor of deferring the Constitutional amendments after President Arroyo steps down in 2010. “What is my stand on Cha-cha? I think we have to consider the sentiment of the public. I do not want (Constitutional amendments) before 2010," Villarama said. Independence from Arroyo In the public grilling, Ateneo Law School dean Villanueva admitted that he has colleagues acquainted with President Arroyo’s family but stressed he has no direct link to the President. Villanueva said should he be appointed to the Tribunal, he will remain independent and will not be influenced over coercions from his colleagues related to President Arroyo. With the appointment of seven new Supreme Court justices in 2009 and with President Arroyo having almost a full sweep of the high court before her term expires in 2010, watchdog groups have expressed concern that the President will have a tighter hold on the Tribunal. Groups like the Bantay Korte Suprema and the Supreme Court Appointments Watch (SCAW) have also pushed for transparency and integrity in the selection of the seven new SC justices. The SCAW particularly urged the JBC to drop Solicitor General Agnes Devanadera, one of the aspirants, from its shortlist because of a pending case filed against her by National Security Council deputy director and former Ilocos Sur governor Luis “Chavit" Singson. Devanadera is also perceived to be a Malacañang lackey because of her ties to the President. JBC member Aurora Santiago Lagman had earlier noted Devanadera for being a "politician and a member of the Lakas-NUCD-Kampi," the administration party. But Devanadera has stressed she will be independent as a Supreme Court justice. Aside from Devanadera, Villanueva, Villarama and Villaruz, already interviewed in the previous weeks were former Bureau of Internal Revenue Commissioner Jose Mario Bunag, CA Associate Justices Mariano del Castillo, Juan Enriquez, Remedios Salazar-Fernando, Portia Hormachuelos, Andres Reyes, and Josefina Salonga, Sandiganbayan presiding justice Diosdado Peralta and lawyer Rodolfo Robles also faced the JBC two weeks ago. The 14 nominees are being considered by the JBC for the slot in the 15-member high court bench to be vacated by Associate Justice Ruben Reyes, who will hang his robe on January 3, 2009, or two weeks earlier than his mandatory retirement age of 70. - Sophia Dedace with Carlo Lorenzo, GMANews.TV