Solicitor General Francis Jardeleza. INQUIRER FILE PHOTO
MANILA, Philippines—Solicitor General Francis Jardeleza on Wednesday asked the Supreme Court to ban Chief Justice Maria Lourdes Sereno from participating in the selection of shortlisted candidates for the high court position vacated by Associate Justice Roberto Abad.
In a 10-page letter to the Supreme Court, Jardeleza, a nominee to the high court’s vacant post, accused Sereno of being the “prosecutor and judge” at the same time, in violation of the rules of the Judicial and Bar Council (JBC) and his right to due process.
Jardeleza, a four time nominee to a judiciary post–twice as Supreme Court Justice, for the Chief Justice post and as Deputy Ombudsman–was informed by the JBC that he should make himself available on June 30 where Sereno will inform him of her objections to his nomination due to questionable integrity.
Sereno is an ex-officio chair of the JBC, which is constitutionally mandated to screen applications to vacant positions in the judiciary and the Office of the Ombudsman.
“Accusations against my integrity were made twice, ex parte, without informing me of the nature and cause of the accusations against me and without giving me an opportunity to be heard,” Jardeleza said.
Jardeleza told the high court that the JBC’s own rules were violated by Sereno. Questioning the Chief Justice’s citation of Section 2, Rule 10 of JBC-009, the government’s top lawyer pointed out that such a rule is not “self-executing.”
That rule, according to Jardeleza, must be read in relation to Rule 4 of JBC-009 and to Rule No. JBC-10, which requires the presentation of evidence and transparency in all its proceedings.
The rule cited by the Chief Justice, Jardeleza said, “does not grant a member of the Council peremptory powers to deny an applicant a nomination, in the absence of evidence priorly brought to the attention of, and validated by, the Council in the public and transparent process prescribed in its rules.”
Aside from banning Sereno from participating in the voting, he also asked the high court to:
- Inform Jardeleza in writing, in at least a five-day written notice, of the sworn specifications of the charges against him
- Allow Jardeleza to cross-examine his oppositor and supporting witnesses in public
- Postpone the June 30 meeting to a date not earlier than July 10
“I have built a life in the law based on integrity. My parents sacrificed a lot to send me to the University of the Philippines College of Law. I owe it to them to preserve my integrity… I also owe it to them to clear my name. I thus beg all of you to afford me due process to clear my name,” Jardeleza said.
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