The Judicial and Bar Council has again postponed its deliberations on the chief justice candidates’ shortlist. The deferment was due to a Tuesday Supreme Court decision to conduct oral arguments on the JBC’s composition.

 

SC spokesperson Ma. Victoria Gleoresty Guerra said in a media briefing that the court, in an en banc session, decided to hold oral arguments on Thursday (Augsut 2) at 9 a.m. regarding former Solicitor General Francisco Chavez's petition insisting on a seven rather than an eight-member JBC.

 

"The justices wanted to hear the case fully so they decided to hold oral arguments," Guerra told reporters.

Motion for reconsideration

The latest SC en banc decision was brought about by a motion for reconsideration filed by the Office of the Solicitor General on behalf of Congress. 

 

Guerra also said that the Supreme Court decision to suddenly call for oral arguments based on a motion for reconsideration is not unprecedented.

 

Congress is seeking to reverse an earlier decision by the SC ordering the JBC to reconstitute its membership and remove one of Congress' two representatives to the JBC. 

 

Chavez had opposed this motion for reconsideration.

Associate Justice Jose Mendoza, who penned the original ruling ordering a seven-member JBC, was on leave when the court en banc decided to hold oral arguments on Chavez’ petition.

 

Five of the six justices vying for the chief justice post, namely Acting Chief Justice Antonio Carpio, and Associate Justices Presbitero Velasco, Teresita Leonardo-De Castro, Arturo Brion, and Ma. Lourdes Sereno inhibited from Tuesday's decision.

 

The same justices will also not take part in Thursday's oral arguments.

Meanwhile, Associate Justice Roberto Abad, a dissenter in the original resolution, did not inhibit himself during Tuesday's vote. He likewise will participate on Thursday's oral arguments, Guerra said.

 

Guerra added that the Senate resolution withdrawing Congress’ participation in the JBC was not taken into consideration when the SC decided to hold oral arguments. 

 

"There is no official transmittal [of the Senate resolution] as of yet," Guerra added.

She, however, acknowledged that the pullout was "widely reported" in the media.

 

Deferment

 

Following Congress' pull out from the JBC last week, the JBC initially decided to defer its July 30 vote on the shortlist to August 2.

However, the JBC denied that the deferment was due to the pullout, insisting that they merely needed more time to review the qualifications of the candidates following the four-day public interviews last week.

 

Mejia also confirmed that, apart from deliberations on the shortlist, the JBC en banc would also discuss other key matters during their deliberations Monday next week.

 

These issues include whether or not to disqualify Justice Sec. Leila De Lima from the chief justice race due to unresolved disbarment cases, as well as accommodating an appeal made by disqualified chief justice aspirant, lawyer Vicente Velasquez. — DVM, GMA News