Law group wants DOJ sec to inhibit from chief justice selection

A group of lawyers on Wednesday sought to prevent Justice Secretary Alberto Agra from participating in the Judicial and Bar Council’s (JBC) selection process for the next Supreme Court chief justice due to “conflict of interest." In a two-page letter addressed to outgoing Chief Justice Reynato Puno, the Alternative Law Group (ALG) led by Marlon Manuel said Agra's continued participation "in these very critical times will compromise the independence and integrity of the JBC, and the appointment process." The JBC, where Puno is chairperson, is an eight-member body mandated to screen the candidates who would fill vacant judicial posts. Manuel said Agra—an ex-officio member of the JBC— has already prejudged the controversial chief justice appointment issue by acting as counsel in the case of Arturo de Castro vs. JBC, which the Supreme Court resolved last March 17 by allowing President Gloria Macapagal-Arroyo to appoint Puno’s replacement. In his petition, De Castro asked the high tribunal to compel the JBC to submit its shortlist of nominees to Mrs. Arroyo despite the constitutional ban on midnight appointments. Puno will retire on May 17. (See: Lawyers block moves to allow Arroyo to appoint new SC chief) “As the JBC decides on the implication of the De Castro decision on the performance of its constitutional mandate, Secretary Agra is in a clear conflict-of-interest position, necessitating his inhibition and/or disqualification from the decision-making process of the JBC," Manuel said. “With the de Castro case still pending, and with the possibility of other cases being filed to question JBC’s subsequent actions on the matter of the nominations for the next chief justice, Secretary Agra’s roles as government counsel and JBC member clearly clash," he added. Agra, for his part, dismissed the call of the ALG. “I consulted the other JBC members, and they agreed with me na hindi na kailangan na mag-inhibit (as a JBC member). As secretary of justice, we should not deprive the executive department of its representation in the JBC," he said. Manuel and Agra used to work together in the alternative lawyers group Saligan (Sentro ng Alternatibong Lingap Panlegal), until the latter joined the administration. (See: Arroyo ex-poll lawyer Alberto Agra is incoming SolGen) AGL, meanwhile, is part of the Supreme Court Appointments Watch (SCAW), which is composed of groups advocating transparency in judicial appointments.—Aie Balagtas See/JV, GMANews.TV