Removal of President’s appointing powers in JBC, SC sought
House resolution seeks transfer to SC en banc
By Maila Ager
INQUIRER.net
First Posted 12:04:00 03/28/2008
MANILA, Philippines -- A resolution that will remove the power to appoint members of the Supreme Court and the Judicial and Bar Council (JBC) from the President is set to be filed at the House of Representatives.
Senior Deputy Minority Floor Leader Roilo Golez said in a statement that he would file a resolution to amend Section 8 and 9 of Article VIII of the Constitution, referring to the power and composition of the high court and JBC.
Instead of the President appointing the regular members of the JBC as provided for under section 8, Golez wants this power to be transferred to the SC acting en banc.
Section 9 also grants the same power to the President to appoint Supreme Court members and judges of the lower courts.
But Golez wants this amended to also transfer the appointing power to the high tribunal acting en banc.
This way, the JBC and the Supreme Court would be insulated from "presidential and political interference," Golez said.
"This will make the Supreme Court and the rest of the Judiciary self perpetuating and truly independent, the selection and appointment process devoid of any presidential and political interference," he said.
“The process, being en banc, will be collegial and balanced, not dictated by a single person," he pointed out.
Golez also proposed that those who have held a presidential appointment, Cabinet or sub-Cabinet or any elective position, must be disqualified from the selection of Supreme Court members and judges of the lower courts.
"This will prevent any speculation that there is bias or prejudgment on the part of members of the Judiciary, such as is happening now with respect to members of the SC who served the President in any senior capacity or who held partisan political positions," he said.
These reforms will also make the Judiciary "truly independent and impervious to speculation that their decisions are subject to political interference and pressure," Golez said.
The Supreme Court has been under attack after it had ruled in favor of a petition filed by former socioeconomic secretary Romulo Neri, allowing him to invoke executive privilege during the Senate investigation into the national broadband network controversy.
In its ruling, the high tribunal also stopped the Senate from arresting Neri, a witness in the NBN controversy linking President Gloria Macapagal-Arroyo herself and her husband involving allegations of corruption.
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