90-day period for Palace to fill up vacant post in Sandiganbayan expires
INQUIRER FILE PHOTO
MANILA, Philippines—Malacañang has missed the 90-day period under the 1987 Constitution to fill up the vacant position before the Sandiganbayan.
The Sandiganbayan is handling the criminal cases, an offshoot of the Priority Development Assistance Fund (PDAF) scam. So far, more than 30 people have been slapped with a case for plunder including Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon “Bong” Revilla Jr and several others have been slapped with a case for violation of the Anti-Graft Law.
More cases are expected to be filed as the Ombudsman is still investigating the Malampaya scam and a third batch of criminal complaint is expected to be filed by the National Bureau of Investigation.
Atty. Jose Mejia, a member of the Judicial and Bar Council representing the academe, said they have submitted the shortlist of candidates to Malacañang last Feb. 28.
Included on the shortlist are Makati Regional Trial Court (RTC) Judge Maryann Corpus-Mañalac, Quezon City RTC Judge Bernelito Fernandez, Antipolo RTC Judge Ronaldo Martin, Makati RTC Judge Andres Soriano, Department of Justice Chief State Counsel Ricardo Paras III, DOJ Undersecretary Leah Armamento, Manila RTC Judge Ma. Theresa Dolores Gomez-Estoesta and Assistant Solicitor General Marissa Macaraig Guillen.
The Sandiganbayan post was vacated when then Associate Justice Amparo Cabotaje-Tang was appointed Presiding Justice of the Sandiganbayan on Oct. 1, 2013.
“The Constitution is explicit on the period of appointment,” Mejia said over the phone.
Section 9 under Article VIII of the Constitution provides that the President has 90 days to fill up the position from the time the Judicial and Bar Council (JBC) submits a short list of candidates. The list was submitted last Feb. 28, more than the 90-day period.
But Mejia said there are instances when there was a delay but the delay was only due to the failure to immediately release the appointment paper although the date of the paper is within the 90 day period.
“The controlling date to determine if there was a lapse in the 90-period requirement is the date on the appointment paper,” he said.
On the possibility of President Benigno Aquino III rejecting the shortlist of nominees because his preferred candidate is not included on the list, Mejia said the JBC will only return the list to the President to make a choice.
“What is the essence of having a JBC if the President rejects the list of candidates that the JBC believes are qualified,” Mejia said.
He said they would probably call Malacañang’s attention on the lapse of the 90 day period and remind them on the need to make the appointment.
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