Midas Marquez suggests Senate panel to study JBC expansion amid abolition call

Supreme Court Associate Justice Jose Midas Marquez on Monday suggested a Senate panel to study expanding the Judicial and Bar Council (JBC) amid a proposal to abolish it.

During the Senate finance committee hearing on the proposed budget of the Judiciary for 2023, Senate Committee on Constitutional Amendments and Revision of Codes Chairman Sen. Robin Padilla asked their opinion on Atty. Estelito Mendoza's proposal to do away with the JBC, saying the appointment of members has been "concentrated" on the president and without the participation of the members of Congress.

Marquez recalled former President Rodrigo Duterte's order that created a consultative committee

He said former Chief Justice Reynato Puno, who headed the review panel, had suggested expanding the JBC.

"Kung di po ako nagkakamali, meron siyang rekomendasyon, hindi po niya binabalik sa Commission on Appointments pero pinalalawak po niya ang JBC. Kasi ngayon po and present membership ng JBC, there are only 7 members. Para talagang maging independent from the president himself, pinalawak, I think to 15 or 20 members, at may mga guidelines kung paano boboto ang mga miyembro ng JBC," Midas said.

"So siguro po kung talagang gusto po nating tignan ang proseso baka puwede rin ho pag aralan... ang proposal ni Chief Justice (Puno)," he added.

Meanwhile, Court Administrator Raul Villanueva said the Judiciary cannot give a direct opinion on Mendoza's suggestion as they might involve future judicial review. He, however, said they will follow the Constitution should it be amended.

Last week, Mendoza suggested transferring the power to screen the appointees to the Judiciary to the Commission on Appointments — a bicameral commission composed of the lawmakers from the Senate and the House of Representatives.

Under the 1987 Constitution, members of the Supreme Court and judges of the lower courts shall be appointed by the President from a list of at least three nominees prepared by the JBC for every vacancy. Such appointments need no confirmation.

The JBC is under the supervision of the Supreme Court composed of the Chief Justice as ex officio chairman, the Secretary of Justice, and a representative of the Congress as ex officio members, a representative of the Integrated Bar, a professor of law, a retired member of the Supreme Court, and a representative of the private sector.

Meanwhile, the 1987 Constitution provides the CA the power to approve or disapprove the appointments made by the president of the Philippines.  —KBK, GMA News