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By Jomar Canlas, Reporter
The Judicial and Bar Council is considering a candidate for
appointment to the Supreme Court, despite the fact that he is
already 65 years old, a lawmaker said Tuesday.
Quezon City Rep. Matias Defensor, an ex-officio
member of the council, told The Manila Times they are considering
Rodolfo Robles, a highly accomplished lawyer who topped the 1967 Bar
examinations.
The mandatory retirement age for Supreme Court
justices is 70, but according to the internal rules of the Judicial
and Bar Council, candidates who are not career officials in the
judiciary should not be older than 65 at the time he or she is
considered for the High Court.
Robles turned 65 in July and is four months
beyond the age limit set by the rules.
“We have allowed Atty. Robles’ provisional
application, because he could be an exception to the rule. It is
very rare to have a first placer in the Bar examinations to apply to
the Supreme Court,” Defensor told The Times.
The Judicial and Bar Council has relaxed its
rules before to accommodate an appointee. The last time was in 2000,
when the council eventually recommended a short list that included
then Justice Secretary Artemio Tuquero.
The standing rule at the time required that
candidates for the Supreme Court must be able to serve for at least
two years before the mandatory retirement age. But the two-year rule
was reduced by six months.
Under the 1987 Constitution, the qualifications
to be a Supreme Court justice are: “No person shall be appointed
member of the Supreme Court or any lower collegiate court unless he
is a natural-born citizen of the Philippines. A member of the
Supreme Court must be at least 40 years of age, and must have been
for 15 years or more a judge of a lower court or engaged in the
practice of law in the Philippines.”
Defensor said the credentials of Robles are
impressive. Besides being a Bar topnotcher, he was also a delegate
to the Constitutional Commission that drafted the 1973 Constitution,
and he authored the Ombudsman law.
If Robles makes it to the Supreme Court, he will
serve with other topnotchers—Arturo Brion, first in the 1974 Bar;
Adolfo Azcuna, fourth in the 1962 Bar; Antonio Carpio, sixth in the
1975 Bar; Presbitero Velasco, sixth in the 1971 Bar; and Antonio
Eduardo Nachura, seventh in the 1967 Bar.
Frontrunners
Court insiders told The Times that Robles and
Solicitor General Agnes Devanadera are the frontrunners being
considered to replace Associate Justice Ruben Reyes, who is retiring
on January 3, 2009.
But Devanadera has her own obstacles to
overcome. There are pending criminal and administrative cases
against her before the Office of the Ombudsman, and she does not
appear to enjoy the backing of the sitting justices, despite being
Malacañang’s candidate.
Besides Robles and Devanadera, the others
reportedly being considered by the Judicial and Bar Council are
former Bureau of Internal Revenue Commissioner Jose Mario Bunag and
Dean Cesar Villanueva.
There are also candidates from the Court of
Appeals Justices: Mariano del Castillo, Juan Enriquez, Remedios
Salazar-Fernando, Portia Alino-Hormachuelos, Andres Reyes, Josefina
Guevarra-Salonga and Martin Villarama.
From the Sandiganbayan, the candidates include
Presiding Justice Diosdado Peralta, Edilberto Sandoval and Francisco
Villaruz.
Vacancies and JBC
Besides Reyes, the other Supreme Court justices
who are retiring in 2009 are Adolfo Azcuna (February), Alicia
Austria-Martinez (April), Dante Tinga (May), Consuelo
Ynares-Santiago (October), Justice Leonardo Quisumbing (November)
and Minita Chico-Nazario (December).
Under the Constitution, the Judicial and Bar
Council vets candidates, and prepares a short list, from which the
President chooses an appointee.
The current members of the council are Chief
Justice Reynato Puno, Justice Secretary Raul Gonzalez, Senator
Francis Pangilinan, Rep. Defensor, retired Supreme Court Justice
Regino Hermosisima, Dean Amado Dimayuga and retired appellate
Justice Aurora Lagman.
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