SC: Charter gave Congress only one member in JBC

The Supreme Court has ruled that Congress should have only one representative in the Judicial and Bar Council (JBC).   Justice Jose Mendoza, who penned the decision, ordered the JBC to reconstitute its membership so that Congress will only have one representative sitting as ex-officio member.   From the current eight, the JBC’s membership will go down to seven.   It was former Solicitor General Francisco Chavez who petitioned the high court and called its attention to the first paragraph of Section 8 of Article VIII of the 1987 Constitution, which said Congress is entitled to only "a member" in the JBC.   The high court had already voted on the Chavez petition as early as Tuesday, during its en banc session, but it took the high court three days before the ruling was promulgated because the resolution had to be prepared and circulated to all the justices.   ‘Unequivocal construction’   The Supreme Court said the use of the singular article "a" in the particular section of the Constitution is "unequivocal and leaves no room for any other construction."   The high court emphasized the purpose of the framers of the Constitution when they decided to place the number of JBC members at seven, an odd number.   “This serves a practical purpose, that is, to provide a solution should there be a stalemate in voting,” the high court said.   While it said Congress should only have one representative, the high court left it to Congress to decide who between Tupas and Escudero should be removed from the current roster of JBC members.   While it "finds wisdom" in the respective contentions of Tupas and Escudero that the two chambers of Congress should be equally represented in the council, the high court said it cannot run the risk of "expanding the meaning of the Constitution as currently worded."   Of the 14 SC magistrates, five inhibited from the case because they are vying for the post of chief justice, which the JBC is in the process of filling.   Justice Roberto Abad, who is also vying for chief justice, refused to inhibit, participated in the voting and dissented together with Justice Mariano del Castillo   Those who joined Mendoza in the majority are Associate Justices Diosdado Peralta, Lucas Bersamin, Martin Villarama Jr, Jose Perez, Bienvenido Reyes, and Estela Perlas-Bernabe.   Composition   As it has been in more than a decade, the JBC is composed of eight members, including four ex-officio members representing the three branches of government, namely the chief justice (ex-officio chairman) representing the judiciary; the Justice Secretary for the exectuive , and the Justice committee chairmen of the Senate and the House of Representatives representing Congress.   The remaining four members come from the Integrated Bar of the Philippines, the academe, and the private sector, as well as a retired member of the Supreme Court.   JBC ex-officio members Sen. Francis Escudero and Rep. Niel Tupas Jr. insisted the framers of the Constitution committed a mistake when they noted only one representative from Congress, saying the Constitutional Commission was at the time thinking of Congress as a single entity.   The high court in its ruling interpreted this provision in the Constitution to mean a single representative from the two-chambered Congress.   The court, however, said the only way respondents can change Section 8 (1) Article VIII of the Constitution is through legislative amendments.   "The solemn power and duty of the Court to interpret and apply the law does not include the power to correct, by reading into the law what is not written therein," the court said. A milestone   Chavez took delight over the SC ruling favoring his position that the JBC should have one less member.   "We have achieved a milestone because we have today corrected not only an unlawful practice but also a clear constitutional deviation," Chavez said.   Chavez said that the practice of having an excess member representing Congress began only in 1994 or seven years after the Constitution was crafted.   "If we were able to observe the constitution correctly from 1987 to 1994, then there is no reason why we should not go back to that correct observance," he said.   Chavez said since the ruling is "immediately executory." Respondents can still object all they want, but that won't stop the JBC from immediately bringing down its membership to just seven people.   "The respondent can file a hundred motions for reconsideration, but it won't suspend the effectiveness of the decision," he added. — ELR/VS, GMA News