JBC grills aspirants for SC associate justice post

The Judicial and Bar Council (JBC) on Thursday started the public panel interview of six aspirants to the Supreme Court post soon to be vacated by retiring Associate Justice Presbitero Velasco Jr. 

Set to be grilled within the day are incumbent Court of Appeals Associate Justices Oscar Badelles, Manuel Barrios, Ramon Garcia, and Amy Lazaro-Javier, as well as Davao Regional Trial Court Judge Carlos Espero II, and former Ateneo School of Law dean Cesar Villanueva.

Badelles

Badelles, the first to be interviewed, was asked how he will maintain his judicial independence given that President Rodrigo Duterte was "in control of the wills" of the Philippine government and "anyone who contradicts him is perceived to be an attack."

"I would like to state that I usually rely on the evidence presented and the applicable laws thereon, so whatever the opinion the President has on the matter has no bearing," he said.

Badelles also admitted that there is a pending administrative case against him. He said the case was already solved and the only issue that is pending involved allowances given by LGUs to members of the judiciary.

"We should stop receiving allowances from LGUs. The Supreme Court should provide more than enough for the needs of the judges and justices," he reasoned, using travel expenses as an example for their need of allowances.

As a former consultant in the Sangguniang Panglunsod of Iligan City, he said he usually recuses himself from any cases involving the city government.

When asked to comment on rumors that temporary restraining orders (TROs) are for sale in the CA, Badelles said it was "loose talk" and maintained that TRO should be granted based on merit.

He was also asked to comment on the US Supreme Court decision ruling in favor of a baker who refused to bake a cake for a same-sex couple.

"I would resolve that in favor of the baker. Under our jurisprudence, religious freedom, or freedom of religion is give a preferred status in the hierarchy of civil political rights in our Constitution," Badelles said.

Pertaining to his health, Badelles said he is taking medication to control his cholesterol, triglyceride, uric acid levels, which he said was normal for his age.

If and when he is appointed to the SC, he said he would push for the high court to give more support to first- and second-level courts.

"These are our frontline offices or people and they are the ones directly in contact with the public, and that is the reason why we need to help them," Badelles said.

Barrios

Barrios, the next to be interviewed, maintained that the judiciary remains free in spite of attacks to it: "In so far as independence of the judiciary is concerned, I don't feel it. It may happen that certain quarters are attacking the judicial branch of government, but that is their right."

He said he believes there is no limit to free speech unless it violates the law: "There is no limit on your right to free expression for as so long as you do not transgress the rights of others. Once you do, you are subject to consequent punishment."

The associate justice said he was was able to resolve 1,055 cases between 2013 to April 2018 by deciding or disposing 30 cases per month, allowing him to decide cases deemed for decision in the span of two to three months.

Barrios also admitted that he faced two administrative cases for dishonesty, grave misconduct, and gross ignorance of the law. Despite this, he asserted that his integrity had not been compromised and cited a big case he judged while presiding over the regional trial court of Manila.

"The accused was detained and the wife of the accused attempted to see me and when I refused, they were able to track the whereabouts of my wife, who was then a bank manager, and they went there," he said.

"My wife flatly told them that 'I do not interfere in the work of my husband' and warned them not to do that because it will be to their disadvantage if they do. They never returned since then."

He said Philippine laws were sufficient to "qualify certain judgements or decrees from foreign courts" before Philippine courts, except for cases such as divorce.

The only exception to this, he said, is if "the foreign partner obtains a divorce decree abroad, and under (Philippine) law, that will entitle the Filipino partner to remarry."

Barrios was also asked regarding the properties listed in his Statement of Assets, Liabilities and Net worth as some were listed under his wife's name. —KBK, GMA News