Solicitor General Francis Jardeleza. INQUIRER FILE PHOTO
MANILA, Philippines – The Supreme Court on Tuesday ruled that Solicitor General Francis Jardeleza is deemed included on the shortlist of candidates who will be considered to replace Associate Justice Roberto Abad.
Voting 7-4, the high court “ranted the petition and declared that Solicitor General Francis Jardeleza is deemed included on the shortlist submitted to the President, for consideration as Associate Justice of the Supreme Court vice Associate Justice Roberto Abad.”
Abad retired at the mandatory age of 70 last May 22.
Jardeleza went to the high court after the Judicial and Bar Council excluded him from the shortlist despite getting the desired number of votes.
The head government lawyer said the JBC abused its discretion when it excluded him from the shortlist that was submitted to Aquino last June.
Jardeleza was excluded from the list due to questions raised by Chief Justice Maria Lourdes Sereno on the SolGen’s integrity.
He said he was not informed of its basis, which is contrary to the rules of the JBC.
Under the JBC rules, Jardeleza said the JBC should inform the public about the nomination so that an oppositor may file a complaint or opposition. He added that if a complaint is filed, the same must be made in writing and under oath, and the candidate concerned should be given a copy in order to be able to file his comment.
Malacañang joined Jardeleza who, in its separate comment, said the chief government lawyer should be included on the shortlist, stating the JBC violated his right to due process.
President Aquino has up to August 20 to appoint Abad’s replacement.
JBC is a constitutional body tasked with screening appointees to the judiciary and the Office of the Ombudsman. It is under the supervision of the Supreme Court.
At the same time, the high court ordered the JBC to review its rules particularly Rule 10 Section 2 of JBC-009 and JBC 010.
JBC 010 allows a candidate to file his comment or to explain his side over a complaint or opposition filed against him while Rule 10 Section 2 of JBC-009 provides that when the integrity of an applicant is challenged, the affirmative vote of all members must be obtained.
Chief Justice Sereno and Senior Associate Justice Antonio Carpio inhibited from the case while Associate Justice Martin Villarama is on wellness leave.
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