SC votes on Chavez petition questioning JBC composition but withholds results

By MARK MERUEÑAS, GMA News

Published July 17, 2012 2:33pm

(Updated 3:55 p.m.) - The Supreme Court on Tuesday has voted on a petition by former Solicitor General Francisco "Frank" Chavez questioning the composition of the Judicial and Bar Council, but refused to reveal the results of the voting.

"The court deemed the case submitted for resolution and will be promulgating its decision this Thursday, July 19, 2012," said Supreme Court spokesman Ma. Victoria Gleoresty Guerra in a media briefing.

Guerra said a vote has already been made for the Chavez petition but the resolution and the dissenting opinion is still being prepared, so the results will have to be released on Thursday. Guerra said all the justices running for chief justice inhibited from the voting. As per the JBC's official list, six justices are vying for the post, namely: Acting Chief Justice Antonio Carpio, Presbitero Velasco, Teresita Leonardo-De Castro, Arturo Brion, Roberto Abad, and Ma. Lourdes Sereno.

Asked why the court en banc has suddenly decided not to make public the voting, Guerra said: "[Because] there may be a change of vote prior to promulgation so I will let you know."

In the past, the Supreme Court through its Public Information Office would release the results of voting in en banc sessions, held every Tuesday, even if a resolution has yet to be promulgated.

Last week, the Supreme Court issued a status quo ante order against the fixed salary scheme for bus operators, only to defer the order the next day.

Guerra at the time insisted the deferment should not be considered a "recall." Asked if it should be considered a "flip flopping" by the SC, Guerra refused to answer, saying it was a "loaded question."

Guerra said she would rather not "speculate" on the connection between the deferment of the status quo ante order and the high court's sudden decision to withhold announcement of en banc voting.

Asked if starting today, the Supreme Court would start withholding results of voting pending promulgation, Guerra said: "That would depend on circumstances... depending on whether a hard copy is already available."

Chavez, in his petition, is insisting that the JBC should have seven and not eight members. He said the 1987 Philippine Constitution specifically states that "a representative of Congress" will become JBC ex-officio member.

The JBC, in its formal comment filed with the high court, has already deferred to the judgment of the Supreme Court on the issue of the JBC composition. –KG, GMA News

Tags: judicialandbarcouncil