Don't allow Arroyo allies in SC - retired justice

MANILA, Philippines - A retired Supreme Court (SC) associate justice on Wednesday said the people should prevent candidates allied with President Gloria Macapagal Arroyo to dominate the high court, which in 2009 would need to fill in seven vacancies. Retired SC associate justice Angelina Sandoval-Gutierrez said she is hoping that the Judicial and Bar Council (JBC) would preserve its independence when it shortlists the nominees who would be vying for the SC slots. Under the law, President Arroyo is supposed to pick her choice from the nominees put forward by the JBC. "We should not allow a GMA court to be installed in the government," Sandoval-Gutierrez said during a forum at the University of the Philippines, titled Introspection: Upholding the Integrity of the Philippine Judiciary. The forum also gathered professors of law and governance, as well as United Opposition spokesman Adel Tamano. Sandoval-Gutierrez said the JBC's function could be compromised when its freedom in making decisions is already being affected by external forces. "I believe that the greatest evil that can beset the Supreme Court is its loss of independence," the former SC associate justice said. Sandoval-Gutierrez said that with the power and responsibility placed on the shoulder of the judiciary, the JBC should first ensure that candidates have unquestionable moral uprightness - both in their private and public lives before nominating them for posts. "Judicial power is an awesome power. It can strengthen the government but also install a tyrannical one," Sandoval-Gutierrez said. Concerns had been raised over the possibility that President Arroyo could appoint her allies at the Supreme Court to pave way for her term extension. The retiring associate justices are Ruben T. Reyes, Adolfo S. Azcuna, Dante O. Tinga, Consuelo Ynares-Santiago, Leonardo P. Quisumbing, Minita Chico-Nazario and Alicia A. Martinez. This leaves Chief Justice Reynato S. Puno as the only remaining non-Arroyo appointee. Appointed by President Fidel V. Ramos, in 1993, Puno will retire on May 17, 2010. Critics have said that with an Arroyo-dominated roster, the SC could rule in favor of Congress - which is similarly Arroyo-led - which is pushing for the convening of Congress into Constitutional Assembly to amend the Charter. Critics have warned that a change in the constitution through such an assembly and shifting to parliamentary form of government would only allow Arroyo to run as as a member of parliament in her province and eventually run for prime minister, thereby extending her term beyond 2010. JBCs peformance, exceedingly well For his part, retired Sandiganbahayan Justice Raoul Victorino said that the public eye should not solely rely on the workings at the JBC, stressing that everyone has his or her own responsibility of ensuring that the high court is filled up with deserving magistrates. "The JBC has an enormous responsibility of nominating, but we as a nation should be vigilant," he said. He allayed fears of anomalies possibly plaguing the nimonations, saying that groups like the Bantay Korte Suprema (Supreme Court Watchdog) is standingby to monitor the JBC selection process. Still, he said he remains confident that the current roster of JBC members is living up to the councils purpose of searching, screening, and selecting nominees for vacant SC posts. Presently, the JBC is performing and doings its mandate exceedingly well, Victorino said. He noted how the JBC has been devoting much time in the selection process by reviewing the credentials of the nominees, checking their background and psychological records, as well as conducting personal interviews. "They are the best and the brightest," added Victorina, a former JBC member himself. The JBC is composed of four regular members including: a representative from the Integreted Bar of the Philippines (Conrado Castro), a professor of law (Amado Dimayuga from the University of Santo Tomas), a retired member of the SC (Regino Hermosisima, Jr), and representatives from the privcate sector (Aurora Santiago-Lagman). Also belonging to the JBC are three ex-officio members from the Senate (Sen. Francis Pangilinan), House of Representatives (Rep. Matias Defensor, Jr), and the Justice department (Secretary Raul Gonzalez). The council also has three consultants in the persons of Associate Justice Leonardo Quisumbing, Associate Justice Consuelo Ynare-Santiago, and court administrator Jose Perez. Meanwhile, lawyer Ma. Luisa Villarama - clerk of court - sits as an ex-officio secretary. And completing the list of JBC members is Supreme Court chief justice Reynato Puno, who serves as the lone ex-officio chairman. Three out, three others endorsed Three applicants had already been dropped from the SC race during the first round of selection, namely Solicitor General Agnes Devanadera, former Bureau of Internal Revenue Commissioner Jose Mario Bunag, and lawyer Rodolfo Robles. Devanadera and Bunag were disqualified because both have pending graft, administrative, and graft cases. Meanwhile, Robles, 65-years and four months old, was barred from the list because he would have reached the compulsory age of retirement of 70, even before he could complete the minimum five-year service. Robles had earlier questioned the JBC's decision to eliminate him from the race, saying the five-year requirement is not in the 1987 Constitution. Devanadera, for her part, has already sent a letter to the JBC explaining that her previously pending case had already been resolved. Amid three candidates being pushed aside from the SC race, the high court meanwhile had endorsed on Tuesday three other candidates. They are Sandiganbayan Justice Francisco H. Villaruz, Jr., Court of Appeals Justice Martin S. Villarama, Jr. and Ateneo Law School Dean Cesar L. Villanueva. - Mark Merueñas, GMANews.TV