JBC to hold Public interviews for Chief Justice nominees

28 November 2006---On 29 November 2006, Wednesday the Judicial and Bar Council (JBC) will hold public interviews for candidates for Chief Justice of the Supreme Court.  Chief Justice Artemio Panganiban appointed on 20 December 2005, will retire effective 7 December 2006.  The vacancy in the high court is of extreme importance today owing to the 21 November 2006 Supreme Court ruling with finality on the People?s Initiative pushed by Sigaw ng Bayan and Union of Local Authorities of the Philippines , and other moves to amend the Constitution that may be submitted for decision before the high court. 

Six have been nominated to replace Chief Justice Panganiban.  From among Associate Justices Antonio Carpio, Angelina Sandoval-Gutierrez, Reynato Puno, Leonardo Quisumbing, Consuelo Ynares-Santiago and Sen. Miriam Defensor-Santiago, three will be short-listed by the JBC. The list will be submitted to the President who will then choose from among the three the 22nd Chief Justice of the Philippines. The interviews will be held at the Old Session Hall, 3rd Flr, Old Supreme Court building, Taft Avenue, Manila from 1:00 pm to 4:00 pm.

For any inquiries, please call the Judicial and Bar Council at telephone numbers 5529598 and 5529512 and the Supreme Court Public Information Office at tel. No. 522 5090.

Strike two

26 April 2006—The Calibrated Preemptive response policy of the government was nullified on grounds that maximum tolerance will be the rule in dealing with rallies and public demonstrations, not preemption. The second of three cases on government policy that has met serious opposition, the Supreme Court decision on CPR was issued on Tuesday, 25 April 2006, or seven months after the directive was enforced. CPR was issued on 21 September 2005 amidst plans for nationwide demonstrations to mark the proclamation of Martial law under former President Marcos.

CPR is a directive ordering unlawful mass actions to be dispersed. It also requires strict enforcement of the “no permit, no rally policy”.

Petitioners include Bayan, Jess del Prado, et. al and Kilusang Mayo Uno. They claim the police violently dispersed rallies causing injuries on their members and prevented them from proceeding with demonstrations.

The Supreme Court upheld Batas Pambansa 880 (The Public Assembly Act of 1985) as a guideline for the conduct of rallies. The rule on maximum tolerance will apply with military and police observing the highest degree of restraint during a public assembly or in the dispersal of rallies.

By striking down CPR, two fundamental rights were upheld, the freedom of expression and the freedom of assembly. The ruling also clarified the necessity for groups to get permits and the need for local government units to implement Section 15 of BP 880 designating “freedom parks where no prior permit is needed for peaceful assembly and petition at any time.”

SC puts its foot down on EO 464

24 April 2006—In a welcome development last Thursday, April 20 the Supreme Court ruling declared two sections of Executive Order 464 unconstitutional. The highly contested E.O. bars public officials – department level, agency heads and military personnel from appearing before congressional inquiries without the President’s written consent. The order was signed by President Macapagal Arroyo in September 28, 2005 at the height of congressional inquiries on alleged military involvement during the 2004 elections, inquiries on the North Rail project, and the Venable contract.

In a unanimous decision, the SC upheld the right of Congress to summon officials belonging to the executive in congressional hearings in aid of legislation. By voiding Section 2 (b) and 3 of the order, senior officials of executive departments; generals, flag officers, and other officers of the Armed Forces; Philippine National Police officials with chief superintendent rank or higher; senior national security officials, the Chief of Staff, PNP Chief and the National Security Adviser, can now be called in for questioning. The high court said the legislature should be able to inquire into the operations of government and more importantly, allow the right of people to take part in government.

Meanwhile, the court upheld Executive privilege covered by Section 1 and 2 (a). Executive privilege covers internal deliberations by the Cabinet, informers’ identities, state secrets and matters of national security and public order.

The ruling also covers conversations and correspondence between the President and her Cabinet, military and diplomatic matters, and information between intergovernmental agencies prior to the conclusion of treaties and executive agreements as areas when executive privilege can be invoked, to protect the principle of separation of powers.

This decision is one out of three important cases submitted for resolution before the Supreme Court. The decision on the government’s Calibrated Preemptive response and Proclamation 1017 declaring emergency powers are still being deliberated.

The Chosen one

4 April 2006--Supreme Court Administrator Presbitero Velasco Jr. has been appointed Associate Justice to complete the 15-man Supreme Court.  The announcement was made last March 31, 2006. Justice Velasco assumes his post as President Arroyo’s 10th appointee to the chamber.

Justice Velasco graduated from the UP College of Law and took the Bar in 1971 placing 6th.  He served as National President of the Integrated Bar of the Philippines and was member of the Judicial and Bar Council. He began government service as an undersecretary of Justice in 1995.  Prior to being appointed Supreme Court Administrator, he served as Presiding Justice of the Court of Appeals until 2001.

As Supreme Court Administrator, Justice Velasco oversaw implementation of the Action Program for Judicial Reforms under Chief Justice Hilario Davide Jr. The objective of this project is to speed up resolution of cases mainly by organizing the courts’ information system, setting up a case flow system and computerizing courts nationwide.

Upon his appointment, the new Associate Justice said he is for efficient, effective, and expeditious delivery of justice. He also expressed his intention to devote his time to the speedy resolution of cases.

He assumes his post as several important cases are filed before the Supreme Court.  The high court is expected to give decisions on Executive Order 464, that bans public officials from attending legislative hearings without permission from the President; Proclamation 1017, that declared a state of emergency last February 24; and the government’s Calibrated preemptive response policy or CPR, that strictly  prohibits rallies without permits.

Bernas calls on SC to speed up ruling on Proclamation 1017

17 March 2006 – Constitutional expert Father Joaquin Bernas, S.J., urged the Supreme Court to come out with a ruling soon on a number of controversial cases filed before the high court. Fr. Bernas cited the petition questioning the constitutionality of President Gloria Macapagal-Arroyo’s Proclamation 1017, which declared the country in a state of emergency. Other petitions still pending before the Supreme Court are those questioning the constitutionality of President Arroyo’s Executive Order 464, which bars government officials from attending legislative hearings without the president’s permission, and the calibrated pre-emptive response, which the police have used to justify their breaking up protest activities and apprehending protestors.

According to Fr. Bernas, these government orders are deemed legitimate until declared otherwise by the Supreme Court. Further delay in the resolution of the cases might appear to make the orders permanent. Fr. Bernas pointed out that while the high court is seen as the last bulwark of liberty, it can also be the legitimizer of anti-democratic laws, as happened in the past during the martial law years under former President Ferdinand Marcos.

Oral arguments on EO 464 were heard by the court on 21 February. The hearing on Proclamation 1017 was held on 7 March, after which the petitioners and respondents were given 15 days to submit their memoranda. The hearing of oral arguments on CPR has been set for 4 April.

JBC selecting nominees for SC Associate Justice

4 February 2006— The retirement of Chief Justice Hilario C. Davide Jr. and the subsequent appointment of Artemio V. Panganiban as the new Supreme Court Chief Justice left a vacant seat in the 15-man chamber. The Judicial Bar Council is now selecting nominees for Associate Justice to fill this vacancy.

The public is invited to submit written reports, information, sworn complaints on any of the nominees to make the process transparent and selective as possible. Fourteen nominees are currently being considered. Several nominees are sitting Justices of the Court of Appeals and the Sandiganbayan. Other nominees include the Solicitor General, a former Congressman, a former law school dean and a practicing lawyer. At least three names will be recommended for consideration to the President. As of December 2005, President Arroyo has appointed a total of 9 Justices to the Supreme Court. See the schedule of interviews.

Nominees

Schedule of Interviews

JBC Interviews cancelled

2 December 2005—The Judicial Bar Council (JBC) yesterday voted not to hold public interviews for the Chief Justice nominees. The decision came after notices were issued to the public days before. Six (6) members of the JBC voted against a public hearing, with Sen. Francisco Pangilinan voting to proceed, and Chief Justice Hilario Davide Jr. abstaining. The meeting was held just four hours prior to the scheduled interviews. Based on reports, members of the high court expressed concern over subjecting the three nominees to questioning. Davide for his part explained that with only three names, all members of the SC being considered, he sees no need to conduct interviews.

The news came as a blow to efforts for enhanced citizens' participation in the process of selecting the next Supreme Court Chief Justice and Associate Justice. TAN’s Supreme Court Appointments Watch aims to increase public awareness and people’s participation in the appointment process.

The three final nominees are Justice Reynato Puno, set to retire on May 17, 2010, Justice Artemio Panganiban, retiring December 7, 2006 and Justice Leonardo Quisumbing on November 6, 2009.

JBC to interview Chief Justice Nominees

30 November 2005—The nominees for Supreme Court Chief Justice are scheduled for public interview on 1 December 2005 at the Old Session Hall, 3rd Flr. Supreme Court Bldg, Taft Avenue, Manila. Chief Justice Hilario Davide Jr.’s retirement on December 20 creates a vacancy for Chief Justice and an Associate Justice. His 15-year service has turned the SC into a judiciary that is efficient, effective, independent and worthy of public trust and confidence. To maintain this important legacy, TAN launched the Supreme Court Appointments Watch, part of a broader campaign for a transparent and credible process for selecting key public officials. The public is invited to monitor the selection and appointment of the 21st Chief Justice. The schedule of interviews are as follows:

JBC Interviews cancelled

2 December 2005—The Judicial Bar Council (JBC) yesterday voted not to hold public interviews for the Chief Justice nominees. The decision came after notices were issued to the public days before. Six (6) members of the JBC voted against a public hearing, with Sen. Francisco Pangilinan voting to proceed, and Chief Justice Hilario Davide Jr. abstaining. The meeting was held just four hours prior to the scheduled interviews. Based on reports, members of the high court expressed concern over subjecting the three nominees to questioning. Davide for his part explained that with only three names, all members of the SC being considered, he sees no need to conduct interviews.

The news came as a blow to efforts for enhanced citizens' participation in the process of selecting the next Supreme Court Chief Justice and Associate Justice. TAN’s Supreme Court Appointments Watch aims to increase public awareness and people’s participation in the appointment process.

The three final nominees are Justice Reynato Puno, set to retire on May 17, 2010, Justice Artemio Panganiban, retiring December 7, 2006 and Justice Leonardo Quisumbing on November 6, 2009.

JBC to interview Chief Justice Nominees

30 November 2005—The nominees for Supreme Court Chief Justice are scheduled for public interview on 1 December 2005 at the Old Session Hall, 3rd Flr. Supreme Court Bldg, Taft Avenue, Manila. Chief Justice Hilario Davide Jr.’s retirement on December 20 creates a vacancy for Chief Justice and an Associate Justice. His 15-year service has turned the SC into a judiciary that is efficient, effective, independent and worthy of public trust and confidence. To maintain this important legacy, TAN launched the Supreme Court Appointments Watch, part of a broader campaign for a transparent and credible process for selecting key public officials. The public is invited to monitor the selection and appointment of the 21st Chief Justice. The schedule of interviews are as follows:

Supreme Court Appointments Watch Project launched

26 October 2005—The Supreme Court Appointments Watch (SCAW) project’s goal is greater transparency and accountability in the selection and appointment process of the next Chief Justice and Associate Justice. It was officially launched at the Angelo King International Center in Manila last 1 September 2005.

The event, attended by representatives from government institutions, non-governmental organizations, law schools, and media signified the start of a series of public information campaign that aims to enhance citizens’ participation and raise awareness in the Supreme Court appointments process. This public information drive will include nationwide fora, media campaign, website development, publications and dissemination of public information materials.

The first among the series of nationwide fora was held on September 29 at the Dela Salle University Campus. Dean Andres Bautista of the Far Eastern University Institute of Law and Fr. Joaquin Bernas of Ateneo de Manila Law School served as resource speakers on the appointment process. This activity was participated by civil society organizations and students from different universities and law schools in Metro Manila. The next public fora are scheduled in November and December in the cities of Baguio, Cebu, and Cagayan de Oro.

The Supreme Court Appointments Watch Project is an initiative of a consortium of civil society organizations that includes Alternative Law Groups (ALG), Inc., Association of Law Students of the Philippines (ALSP), Integrated Bar of the Philippines (IBP), Lawyers’ League for Liberty (Libertas), Philippine Association of Law Schools (PALS), and Transparency and Accountability Network (TAN). This project is made possible through the support of The Asia Foundation (TAF) and the United States Agency for International Development (USAID).

Click here to see the Supreme Court Justices , their dates of appointment and retirement.

Nominees for 15th Supreme Court post

6 August 2004— The Judicial and Bar Council (JBC) is considering 10 candidates as possible nominees for appointment to the lone seat in the 15-man Supreme Court (SC). The High Court is one-man short after the retirement last July 14 of Associate Justice Jose Vitug who reached the mandatory retirement age of 70.

Candidates for the vacancy include Solicitor-General Alfredo L. Benipayo, University of the Philippines Professor Ruben F. Balane, Court of Appeals Presiding Justice Cancio C. Garcia, Court of Appeals Justices Portia Alino Hormachuelos, Godrado A. Jacinto, and Ruben T. Reyes. Other candidates are Sandiganbayan Justices Godofredo L. Legaspi, Gregory S. Ong, Francisco H. Villaruz, and Court Administrator Presbiterio J. Velasco, Jr.

The public may submit any information, written report, sworn complaint or opposition against any of the candidates not later than Friday, August 20.
Any information should be sent to the JBC Secretariat at the Supreme Court building, in Padre Faura, Manila.

Meanwhile, the JBC is also considering six contenders to the post of Sandiganbayan Presiding Justice after Justice Minita Chico-Nazario left when President Gloria Macapagal Arroyo appointed her to the High Court. Contenders for presiding justice include Acting Presiding Justice Edilberto Sandoval, and Sandiganbayan Justices Teresita Leonardo de Castro, Cristina Cortez Estrada, Gregory Ong, and Franciso Villaruz; and Quezon City Regional Trial Court Judge Romeo Zamora.