Sandigan post remains vacant 4 months after JBC submitted shortlist

President Benigno Aquino III has yet to appoint a new Sandiganbayan justice eight months after a post became vacant — a possible violation of the Constitution, according to a Judicial and Bar Council (JBC) member.

“Sa Sandiganbayan medyo matagal-tagal na nga at wala pang lumalabas na appointment bagama't February 28 pa naipadala na namin ang aming shortlist,” said lawyer Jose Mejia on Tuesday. “Kung hindi maka-appoint mayroon doong paglabag sa Constitution kasi consitutional iyan eh.”

Mejia, JBC regular member for the academe, said Aquino should have already selected a new Sandiganbayan justice to fill up the vacancy left by Justice Amparo Cabotaje-Tang, who was appointed presiding justice in October last year.

Mejia said under Section 9 Article VIII of the Constitution, the President has 90 days from the date of the vacancy to appoint a replacement for a vacant Supreme Court post. For the rest of the judicial posts—from the Court of Appeals and Sandiganbayan down to the trial courts—the President has 90 days to fill in the vacancy from the date of the submission of the JBC shortlist.

The JBC submitted to Aquino its shortlist of nominees on February 28, which means he had until May 28 to pick an appointee.

Included on the shortlist are Makati Regional Trial Court Judge Maryann Corpus-Manalac, Quezon City RTC Judge Bernelito Fernandez, Antipolo RTC Judge Ronaldo Martin, Makati RTC Judge Andres Soriano, Department of Justice Chief State Counsel Ricardo Paras III, DOJ Undersecretary Leah Armamento, Manila RTC Judge Ma. Theresa Dolores Gomez-Estoesta and Assistant Solicitor General Marissa Macaraig Guillen.

Mejia, however, said Aquino could not be deemed as to have violated the Constitution yet.

“Madali nilang nare-remedyohan iyan sa pamamagitan ng pag-date within that period. Kadalasan naman ganoon. Napipirmahan agad, hindi lang nare-release,” he said.

Mejia said he has yet to see an instance in the past when the President has missed the deadline in appointing a person to a vacant post in the judiciary or the Office of the Ombudsman.

He said even if the appointment paper comes out way after the deadline has passed, the actual appointment could have been done within the 90-day period.

“Siyempre sabi nga natin, minsan hindi lang lumalabas ang papel physically pero it is actually within the 90 day period,” said Mejia. —KBK, GMA News