Jardeleza appointed to SC

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 francis Jardeleza

Francis Jardeleza

PRESIDENT Benigno Aquino 3rd on Wednesday appointed Solicitor General Francis Jardeleza as an associate justice of the Supreme Court, beating the constitutional deadline for the President to fill up a vacancy at the court.

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Jardeleza’s appointment came exactly a day after the Supreme Court granted his petition for mandamus contesting his exclusion from the shortlist submitted by the Judicial and Bar Council (JBC) to the President.

Jardeleza fills the vacancy left by retired Associate Justice Roberto Abad.

In a news briefing, Malacanang spokesman Edwin Lacierda said Jardeleza was the President’s choice for being “the right person for the job.”

“Whether the Supreme Court accepted the petition [for mandamus]or ruled the petition one way or the other, there would have been an appointment by today. It just so happens that the President felt that the right person for the job is Solicitor General Francis Jardeleza,” Lacierda told reporters.

Earlier in the day, Presidential Communications Secretary Herminio Coloma Jr. announced the transmittal of Jardeleza’s papers to the Supreme Court.

Lacierda said the President has worked closely with the Solicitor General, the lawyer for the government.

“And, on the basis of his work and competence as Solicitor General, that was one, one of the reasons why he chose Solicitor General Jardeleza. He is qualified, credentials-wise, academic-wise, he is qualified. As a practicing lawyer, he is also very well qualified. So in his work as Ombudsman and in his work as Solicitor General-Deputy Ombudsman-and in his work as Solicitor General, Francis Jardeleza has shown the integrity, the competence required of the position that he has, of the position that he has assumed in the previous work experience,” the Palace spokesman said.

DAP defender
But critics questioned the timing of Jardeleza’s appointment, as he was in the thick of defending the Disbursement Acceleration Program (DAP) at the High Court, which has declared parts of the program “unconstitutional.”

“So Jardeleza’s independence would naturally be questionable. As the chief government lawyer, he vigorously defended [DAP] and the EDCA (Enhanced Defense Cooperation Agreement). These two petitions remain pending before the SC,” said Bagong Alyansang Makabayan (Bayan) Secretary General Renato Reyes Jr.

“It seems the Jardeleza appointment is still in line with Aquino’s war with the SC in the aftermath of the DAP ruling. We fear for the implications of his appointment in the pending DAP petition now that there is a pending government MR [motion for reconsideration],” Reyes added.

Political analyst Ramon Casiple said it was obvious that Jardeleza was Aquino’s first and only choice from the start because his appointment was done after he was cleared for inclusion in the JBC shortlist.

“He has specific instructions on the President’s wishes. He is expected to argue for the Palace position,” Casiple added.

Integrity issue
The JBC dropped Jardeleza from the shortlist after he left out Itu Aba island in the government’s pleadings submitted to the International Tribunal on the Laws of the Sea (Itlos). But following the issues raised by the JBC that dampened Jardeleza’s chances at the SC, Itu Aba was finally included in the memorial submitted to the Itlos.
Lacierda said the court itself felt that Jardeleza should be shortlisted.

“So the Supreme Court having made the decision, his name was also submitted to the President for the shortlist,” he added.

Lacierda said that had the court decided against Jardeleza’s inclusion in the shortlist, President Aquino would have appointed someone else.

He also belied insinuations that Malacanang pressured the Supreme Court and the JBC into including Jardeleza in the final list of nominees.

“We did not exert any pressure on, especially on the JBC. As you see, the JBC excluded the name of Solicitor General Jardeleza. And I suppose the Supreme Court had to make a decision on that point because they were also very well aware of the deadline, which was a day after the en banc decision. So they made a decision based on the appreciation of the petition of the Solicitor General, as well as the comments submitted by the JBC,” Lacierda said.

An official of the Catholic Bishops’ Conference of the Philippines (CBCP) turned his ire on the JBC for including Jardeleza in the shortlist of nominees.

Fr. Edwin Gariguez, CBCP’s executive director, said the decision of the judiciary to grant the petition for mandamus of Jardeleza was the “height of mockery of the SC.”

Jardeleza’s appointment “is a despicable decision by the JBC,” Gariguez added.

He pointed out that Jardeleza was a former lawyer of Eduardo “Danding” Cojuangco Jr. and was known to have represented Cojuangco in the coconut levy scam.

With a vote of 7-4, the Supreme Court has granted the petition for certiorari and mandamus filed by Jardeleza challenging his exclusion for the vacancy in the High Court.

The decision was approved despite the opposition of Chief Justice Maria Lourdes Sereno.
Senior Associate Justice Antonio Carpio also inhibited from the case.

WITH A REPORT FROM ROBERTZON F. RAMIREZ

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10 Comments

  1. To avoid the issue of whether or not Mr F. Jardeleza was appointed by Pnoy to SC as his mole or defender is to inhibit himself from the DAP issue raised to the SC on ground of conflict of interest. As the SolGen he was duty bound to argue the Dap reconsideration motion at the SC. Hence his professional hands are tied and canot participate in such deliberation in SC on that issue. On all other issues, Jardeleza is free to participate even if it involves term extensiôn, after all this is a constitutional issue assuming no constitutional amendments is passed. I just hoped Jardeleza will be objective and professional in carrying the responsibilities of his new office with no political debts to no one in dealing with cases (like the hacienda Luisita land distribution and payments valuation still pending with the Supreme Court).

  2. Arch. Lito L. Mallonga on

    To Joros saying that I am a stupid person to me is noting but a BS
    since you do not rely know who I am. You do not even identify
    your name here giving comments on who you are. Hiding to make
    sure they do not know you . Am I right. All those who are against
    the DAP will eat their words soon.

    All benefited on the PORK BARREL for a very long period of time
    and that is why the country will never recover. Poor Filipinos
    who are even been denied by those private hospitals who
    do not have the deposits to bring their love once including
    that child at Butuan Hospital whose mother has only 10,000 Pesos
    but can not meet the required 30,000 pesos as all the banks are
    closed during that night.

    I hope it will not happened to you or your family if ever you will
    be rush to those private hospitals. So PNoy carry on the good work
    and I will support you all the way.

  3. Although there is so much to be desired as to on how jardeleza landed as one of an associate juctice of the SC, let us just hope that he will do an Ala Manuel L. Quezon who said the famous quote ” My loyalty to my party ends where my loyalty to my country begins” but this time let me twist it a little bit to suite Mr. Jardeleza’s situation which may run like this “My loyalty to (my party) pnoy ends where my loyalty to SC (my country) begins”. Anyway I hope Mr. Jardeleza’s success & be a big hope for the country as an associate juctice of SC..

  4. SC vote for DAP MR will be 13-1 or 14-1 in favor of DAP as unconstitutional. Jardeleza’s appointment is to lick BS Aquino the Turd’s butt all the time.

  5. Roldan Guerrero on

    If there is an imperative reason for some amendments in the Constitution, one should be the clipping of Presidential Power to appoint members of the judiciary specially to the Supreme Court. It has been proven that the check and balance provision of the constitution on the three branches of government is hampered just like what Aquino is doing now by using his appointees to pursue his futile and destructive wills.

  6. Arch. Angelito Lingan Mallonga on

    Very glad to hear that Solicitor General Francis Jardeleza is
    now an Associate Justice of the Supreme Court. Maybe there
    might be hope to bring better justice in our laws in the Philippines
    as we the people of the Philippines including abroad needs
    change within the Supreme Court.

    He is a very qualified person and has supported the DAP
    created by Pres. Benigno Aquino 3. PORK BARREL is the very
    big issue and not DAP as this has been going on for a very
    long time.

    The problem with us on the DAP we want results right away.
    While PORK has been there and nothing has done any
    results but abuses at the People expense
    who always declare taxes every year .

    The VAT needs to be taken very seriously and be scarp once
    and for all. The VAT is a big problem up to know in EU.
    It is the ordinary person and the family who absorb most of
    the taxes while big corporation are not affected.

    Without the remittances of OFW and Filipinos abroad sending
    money to their families and relatives I am pretty sure we would
    have not survive economically. We will be just like those countries
    in EU right now still struggling.

    see http://www.hstbook.com of my closed friend Former Premier
    Bill Vander Zalm so you will know what I am talking about.

    HST and VAT are the same just the wording.

    • Arch. Lito, I think you are a very stupid person. How can you say that DAP is a good thing the BS Aquino theTurd did? They cannot even show proof where did the money from DAP go, what project DAP funded, who benefited from it? Where’s the audit report of DAP? I say none! PDAF or pork barrel at least has audit report, it is included in the GAA or in the year’s budget. If lawmakers abuse their PDAF or pork barrel, there is a paper trail that you can trace were it goes. DAP is the sole discretionary of the president of where he wants to put it or who he wants to bribe. The president dangle this so called DAP to the lawmakers to get what he wants. That is why the president hold congressmans and senators by their balls. They can even pocket this DAP money, you question DAP, you question the president and the buck stops there finish.

  7. so now, solicitor general francis jardeleza is a member of the supreme court. a position he fought for to the end. appointed by Pnoy, what would be his exact role within the supreme court? will he the lone dissenter assuming the supreme court turns down the palace’s request for reconsideration on the DAP? will he favor the palace even though the majority of the justices don’t on matters relative to the excecutive branch? will he favor the cojuanco’s, the president being one of them? how far will he let himself be a puppet to the palace? it must be noted that he owe’s Pnoy a debt of gratitude because he was now a sworn member of the high court. will he ever be independent of the palace or will he also be independent of the supreme court? let’s all wait for the next chapter. that is, whether he will vote in favor of the DAP, being the top dog of the government in defending it before the supreme court to which he is now a member thereof.

    • Justice Jardaleza will not be of good use to Pnoy on the DAP issue. The code of ethics will bar him ruling on the DAP issue because of delicadeza or on the ground of inhibition.

  8. Of course no one believes that the appointment is not a reward from PNoy for defending all of the illegal actions King PNoy was and is doing. Let us see if the more senior and much smarter Justices will not shred him to pieces when he keeps on defending PNoy.