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By Jomar Canlas, Reporter
It’s time to take out politics from the
powerful Judicial and Bar Council, the group that screens applicants
for judicial posts in various courts.
This cleansing, Rep. Liwayway Vinzons-Chato of
Camarines Norte apparently thinks, she can help accomplish through
her proposal in Congress that intends to make the council apolitical
again.
Her House Bill 3509, which she recently filed,
seeks to ban reappointment to the same position of regular members
of the Judicial and Bar Council who had served out their full term
of office.
The council scrutinizes the applicants for
justices in the Supreme Court, Sandiganbayan, Court of Appeals, and
Court of Tax Appeals; judges in the trial courts; and the Ombudsman
and her deputies.
At present, the council is composed of Supreme
Court Chief Justice Reynato Puno as chairman and ex-officio members
Justice Secretary Raul Gonzalez as representative of the executive
branch and Sen. Francis Pangilinan and Quezon City Rep. Matias
Defensor as representatives of the legislative branch.
The four regular members whom the Chato proposal
wishes to restrain from being reappointed are lawyer Conrado Castro,
representative of the Integrated Bar of the Philippines; retired
Justice Regino Hermosisima, former member of the Supreme Court; Dean
Amado Dimayuga, representative of the academe; and retired Justice
Raoul Victorino, representative of the private sector.
The President appoints the regular members of
the Judicial and Bar Council, with a four-year term subject to
reappointment.
Chato’s bill seeks to enhance the independence
of the judiciary by insulating it from political pressure. This, it
argues, can be done if the council will be apolitical itself by
providing limitations to appointments.
The Judicial and Bar Council recommends to the
President possible members of the judiciary. From a shortlist it
submits to Malacañang, the President makes her choice. The
Commission on Appointments need not confirm the appointments of
those in the council’s short list.
“… As interpreter of laws and in some cases,
the arbiter between the branches of the government, the judiciary
should be composed of men and women of integrity, independent and
loyal to the Constitution,” Chato said.
She argued her proposal would avoid the
possibility of members of the Judicial and Bar Council giving in to
pressure from the executive to nominate individuals based on
political considerations instead of actual merits and
qualifications.
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