“The art of rebuilding credibility within the judiciary is a transparent and consistent application of the rules in the nomination and selection of our magistrates. The JBC cannot play loose with its rules,” the SCAW said in its letter to the JBC sent Monday.
The same rule, it pointed out, was used in 2009 against then Justice Secretary Agnes Devanadera, who was disqualified for the Supreme Court Associate Justice post.
“The same rule should likewise be applied in the present selection process,” said the SCAW, which is composed of the Alternative, Law Groups, Libertas and Transparency and Accountability Network.
If they want to amend the rules, the JBC should apply it prospectively because allowing the suspension of the rules in the current selection, the group said, would be perceived as giving in to political pressures.
Last Friday, the JBC, which is constitutionally tasked to screen applicants for the judiciary and the Ombudsman post, failed to resolve the proposal of Undersecretary Michael Frederick Musngi to suspend the rules on disqualification of candidates with pending cases.
Aside from Musngi, another JBC ex officio member Iloilo Representative Niel Tupas Jr. also sought the amendment of the rules even during time of former Chief Justice Renato Corona. High Court acting spokesperson Gleo Guerra said Corona rebuked Tupas’ proposal.