The selection process

LARRY Gadon was the lawyer who filed an impeachment complaint against former Chief Justice Maria Lourdes Sereno.

He was also the one who accused the former lady Chief Justice of manipulating the Judicial and Bar Council (JBC) shortlist to exclude former solicitor general Francis Jardeleza.

Here comes the question of how justices are chosen. I believe this is a very timely topic to discuss because the search for the new Chief Justice is ongoing.

Prior to the creation of the 1987 Philippine Constitution, the JBC did not exist. Let me discuss first how justices were chosen under the 1935 and 1973 Constitutions.

Under the 1935 Constitution, it was the President who had the power to appoint all members of the Supreme Court and inferior courts.

The President chose from a list prepared under the supervision of the Secretary of the Department of Justice (DOJ). The appointment should have the consent of the Commission on Appointments (CA) of the National Assembly.

On the other hand, under the 1973 Constitution, there was a change in the selection process and appointments of justices. It was former President Ferdinand Marcos who appointed the justices.

However, there was no requirement as to the approval and supervision of the CA and DOJ, respectively. It was not surprising because it was a process done under a dictatorship.

Nevertheless, the 1987 Constitution made improvements in the selection process. It became more transparent and independent. By virtue of Section 4, Article VIII of the Constitution, any vacancy in the judiciary such as posts of the Chief Justice, Associate Justice, Ombudsman, Deputy Ombudsman, and other court judges must be filled within 90 days.

The JBC meets, usually months in advance, if the retirement is expected, to discuss proceedings and deadlines as any vacancy in the judiciary needs to be filled within the deadline set by law.

It then comes up with a list of individuals who will go through a public interview. To be considered for nomination that will be submitted to the President, an applicant should obtain an affirmative vote from at least four members of the JBC.

According to the revised rules of the JBC, interviews are conducted to: observe an applicant’s personality, demeanor, deportment, and physical condition; assess ability to express themselves, especially in the language of the law in court trials or proceedings, and in their decisions or rulings; test their mastery of the law, jurisprudence, and legal principles; inquire into their philosophies and values; determine their probity and independence of mind; and evaluate their readiness and commitment to assume and fulfill the duties and responsibilities of judgeship.

This is more transparent because the list is published and the JBC asks the people to report any information about the candidates. This is a great help to them in screening the applicants.

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(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)