Solon pushes for JBC reps from both Houses

plenary

By JUNE S. BLANCO

THE Philippines has two houses of Congress which must both be represented in the Judicial and Bar Council (JBC).

Rep. Erico Aumentado (2nd District, Bohol) has introduced a proposed amendment to the Constitution to allow the change to clarify any ambiguity, prevent a tug of war and hasten the JBC recommendation to the President on vital judicial appointments such as in the case of the Supreme Court Chief Justice to succeed the impeached Renato Corona.

House Resolution 2631 seeks to amend Section 8 (1) of Article VIII on the composition of the JBC to include the Chief Justice as ex-officio chair, the Secretary of Justice, and a representative each of both Houses of Congress as ex-officio members, a representative of the Integrated Bar of the Philippines, a professor of law, a retired member of the Supreme Court, and a representative of the private sector.

The Aumentado move came on the heels of the controversy on the number of Congress representatives – raised to the Supreme Court by by former Solicitor General Frank Chavez.

Chavez had urged to declare as unconstitutional the membership of Sen. Francis Escudero and Rep. Niel Tupas Jr. in the JBC.

The High Court initially sustained the Chavez petition and ordered that only one ex-officio member shall represent the Congress in the JBC.

Aumentado said the Senate and the House of Representatives filed a motion for reconsideration, arguing that since the present presidential form of government has a bicameral legislature, it is imperative that both chambers must be represented.

The JBC is mandated to recommend to the President the justices of the Supreme Court, the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals and all judges of the lower courts.

However, the Constitutional Commission provided only one representation from Congress in the JBC as then, Aumentado said, it was of the belief that the parliamentary form of government will prevail over the presidential type.

This is the same error the Commission committed in the provision for the amendment in the Constitution where the provision is suited for a parliamentary form of government and not a presidential form of government with a bicameral Congress.

The proposed amendment aims to clarify that the House of Representatives and the Senate shall have one ex-officio member each in the JBC, consistent with the presidential form of government with a bicameral Congress.

This way, Aumentado said, the Supreme Court could not anymore flip-flop on the issue, and thus, could be guided accordingly.