Watchdog opposes Solgen candidacy to SC
By Tetch Torres
INQUIRER.net
First Posted 17:07:00 11/18/2008
Filed Under: Judiciary (system of justice), Protest
MANILA, Philippines -- A judicial watchdog group has opposed the candidacy of Solicitor-General Agnes Devanadera and a private lawyer to the Supreme Court.
In its letter, the Supreme Court Appointments Watch (SCAW) cited a pending plunder case against Devanadera before the Office of the Ombudsman.
In the case of lawyer Rodolfo Robles, SCAW said he should be disqualified because, if appointed, he will be serving less than five years in the high court, contrary to the rules of the Judicial and Bar Council (JBC).
Robles is 65 years and 4 months old. Section 8.2 of the JBC rules states that "the Council shall not consider for nomination non-career and career applicants who may no longer be able to serve the court for at least five years or for at least one and one-half years, respectively, before reaching the compulsory age of retirement," which is 70.
The case against Devanadera was filed on October 11, 2006 by former Ilocos Sur governor Luis "Chavit" Singson. He also charged 42 other officials of the the Bases Conversion Development Authority (BCDA), Bulk Handlers Inc. (BHI) and Poro Point Industrial Corp. (PPIC).
The BCDA, BHI and PPIC allegedly benefited from the questionable supervision and operation of the Poro Point Special Economic and Freeport Zone in San Fernando, La Union.
Singson included Devanadera in his complaint for her alleged failure to nullify the Poro Point development contract between BHI and BCDA.
SCAW said Rule 4 Sec. 5 of the JBC rules specifies that those with pending criminal or regular administrative cases are "disqualified from being nominated for appointment to any judicial post or as Ombudsman or Deputy Ombudsman."
"We find it curious that the JBC has not disqualified these two candidates outright. The rules are clear that neither Robles nor Devanadera should be considered for the Supreme Court because of age and a pending case," SCAW said.
But Justice Secretary Raul Gonzalez said a pending case does not mean automatic disqualification because it could be a harassment case.
"We still have to determine that and that is the purpose of the interview with the candidates," Gonzalez said.
Candidates to the high court will be interviewed on Wednesday and Thursday.
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