Concom eyes reorganization of JBC

The consultative committee (Concom) tasked to draft a new constitution with a federal form of government has proposed major changes in the Judicial and Bar Council (JBC), the body tasked to screen nominees to appointive posts in the judiciary and the ombudsman’s office.

The Concom chaired by retired chief justice Reynato Puno wants a reorganization of the JBC as well as designation of more active duties for the council.

A draft of the sub-committee on judiciary section of the constitution obtained by The

STAR shows the proposed increase in membership of the JBC from seven to 12.

Under the 1987 Constitution, the council has three ex-officio members – chief justice, secretary of justice and alternate terms of the justice committee chairpersons of the Senate and the House of Representatives – and four regular members from the Integrated Bar of the Philippines (IBP), private sector, retired justices of the Supreme Court and academe.

In the proposal of Concom, there will be nine ex-officio members – chief justice of the Federal SC, presiding justice of the Federal Constitutional Court, presiding justice of the Federal Administrative Court, the Ombudsman, court administrator of the SC, representative from Congress, chairman of the Civil Service Commission, chairman of the Commission on Audit (COA) and the secretary of the Department of Justice.

The JBC in the proposed constitution would only have three regular members – representative of IBP, a law academic appointed by an association of law professors and a representative from the private sector.

“The Chief Justice of the Federal (SC), the Presiding Justices of the Federal Constitutional Court of the Federal Administrative Court shall rotate chairmanship among themselves every two years,” read the draft.

“The appointed members shall serve for four years without reappointment and shall not be subject to any confirmation,” it added.

Apart from reorganization, the Concom also wants the mandate of JBC expanded to included the “conduct of a thorough search program in order to find the best and the brightest most qualified for the vacant positions for justices and judges in the judiciary.”

The Concom’s sub-committee on judiciary led by retired SC justice Eduardo Nachura wants the council to have an active duty of searching for the most qualified candidates for judicial posts – instead of its passive role at present where it just accepts nominations and applications.

They said they wanted more members so as to have a wider screening of candidates that would involve key agencies of the government like the Ombudsman and COA.

The proposal came after the SC ousted chief justice Ma. Lourdes Sereno by granting the quo warranto petition of the solicitor general and invalidating her appointment in 2012.

The high court effectively ruled that the JBC erred in including her in the shortlist for the chief justice post when she did not have the qualification of proven integrity due to failure to file her statements of assets, liabilities and net worth (SALN) when she was still teaching law in the University of the Philippines.

Sereno was also nominated by the JBC in 2012 despite her failure to comply with its 10year SALN requirement.

The JBC is currently chaired by acting Chief Justice Antonio Carpio with Justice Secretary Menardo Guevarra and Oriental Mindoro Rep. Reynaldo Umali as ex-officio members.

Its regular members are retired SC justice Jose Mendoza, representing the justices and chairperson of the JBC executive committee; lawyer Jose Mejia, representing academe, lawyer Milagros Cayosa, representing the IBP and retired judge Toribio Ilao, representing the private sector.