The Sandiganbayan. FILE PHOTO
MANILA, Philippines—Congress still has yet to resolve who shall represent the legislative branch to the Judicial and Bar Council (JBC).
During Thursday’s interview of aspirants to the position of Presiding Justice of the Sandiganbayan, no member of the legislative branch was present.
“Physically either Congressman [Niel] Tupas or Senator [Francis] Escudero could attend. They have not resolved with definitiveness as to who will represent because in accordance with the Supreme Court decision which has become final and executor, there will be only one who should represent Congress,” lawyer Jose Mejia, JBC regular member representing the Academe told reporters.
Last April, the high court stood pat on its earlier ruling that only one member of Congress should be at the JBC.
Voting 9-3-3, the high court, in dismissing the appeal filed by Congress, maintained that the JBC should only have 7 instead of 8 members.
The JBC is constitutionally mandated to screen aspirants for the Judiciary and the Office of the Ombudsman. Then, they submit a short list of nominees to the President who then will make the appointment.
In its July 2012 ruling, the high court said “to allow the Legislature to have more quantitive influence in the JBC by having more than one voice speak, whether with one full vote or one-half a vote each, would, as one former congressman and member of the JBC put it, ‘negate the principle of equality among the three branches of government which is enshrined in the Constitution.”
Senator Francis Escudero and Iloilo Representative Niel Tupas Jr. are both members of the JBC representing Congress.
Mejia said Congress should have determined who will represent them at the JBC soon.
“If they won’t be able to resolve that continuously, it might, in the long run hamper the [JBC] procedures like the voting,” Mejia said.