Davide hits plan to relax JBC rules on disqualifying aspirants

Another former Supreme Court chief justice has lent his voice to oppose moves to ease the rules of the Judicial and Bar Council on disqualifying aspirants to judicial posts. In an interview with reporters on Thursday, former chief magistrate Hilario Davide Jr. said the JBC should strengthen its criteria in screening applicants to the judiciary instead of bending itself backward to accommodate judges who have been penalized before or those who have pending cases against them. "On the contrary, the rule should further be strengthened," Davide added. Davide is the third retired high court chief justice to object to Tupas' proposal. Davide's successors, Artemio Panganiban and Reynato Puno, have pressed the JBC to impose stricter rules in screening candidates to judicial posts. The JBC is the body that vets, screens, and nominates to the President appointments to judicial posts and to the positions of Ombudsman and Deputy Ombudsman. The chief justice sits as the council's ex-officio chair. The council's Internal Rules were drafted during Davide's term. "You cannot expect me to favor any amendment because I was the main proponent. I ordered the drafting of the Internal Rules of the JBC immediately after my assumption as chief justice in 1998," he said. According to JBC rules, an applicant who has been fined at least P10,000 or suspended is automatically barred from joining the selection process. The rules also ban the nomination of those facing criminal or administrative cases. But Iloilo Rep. Niel Tupas Jr., an ex-officio member of the JBC due to his position as House of Representatives justice committee chair, has proposed an increase in the threshold of disqualification for nominations to the judiciary. Tupas said that instead of P10,000, the amount in fines that should merit disqualification should be P20,000. This means that those who have been fined less than P20,000 should still be eligible for appointment or promotion in the judiciary. Tupas made the proposal while the JBC is in a deadlock on who to pick as the replacement for former Sandiganbayan Presiding Justice Edilberto Sandoval, who retired last June 18. Beneficiaries? If Tupas' proposal is approved, the amended rules will benefit Sandiganbayan Associate Justice Gregory Ong, an aspirant to the seat Sandoval vacated. Ong was previously fined by the Supreme Court with P15,000 in an administrative case. Another possible beneficiary is Sandiganbayan Associate Justice Teresita Diaz-Baldos, also an aspirant to the top position in the anti-graft court. Diaz-Baldos has a criminal complaint filed against her in connection with the plea bargaining agreement between the Office of the Ombudsman and retired Maj. Gen. Carlos F. Garcia, an accused plunderer. Diaz-Baldos wrote the controversial May 9, 2011 decision that approved the plea bargaining deal. The Sandiganbayan division led by Baldos said that there was insufficient evidence to convict Garcia of plunder and thus, there is basis to approve the deal allowing the former military comptroller to plead guilty to two lesser, bailable offenses. Militant group Akbayan has filed with the Department of Justice a criminal complaint against Diaz-Baldos and two other Sandiganbayan justices for approving the deal. — RSJ, GMA News