Newly appointed Commission on Elections (Comelec) Chairman Andres Bautista will pass through the eye of a needle should results of his psychiatric tests be presented to the Commission on Appointments (CA).
According to sources from the Judicial and Bar Council (JBC), findings of psychiatrists and psychologists can be presented before the CA for scrutiny.
Bautista flunked the psychiatric examinations conducted by government doctors from the Supreme Court (SC) and the JBC.
He got a low psychiatric testing when he applied for the position of Chief Justice in May 2012 after notching a grade of “4.”
Bautista got a similar psychiatric test grade result with Chief Justice Maria Lourdes Sereno when they both applied for the Chief Justice position vacated by Chief Justice Renato Corona after his impeachment conviction.
A former member of the JBC said the five-point system in testing the state of mental health of an applicant for the judiciary is a strong basis whether a person is fit to serve in the government.
A current member of the JBC said any person applying for work must be mentally fit and sane.
“Comelec is a quasi-judicial position. It disposes cases like a judge or a justice. Even an ordinary employee must be fit for work, with more reason for a Comelec chairman or a Chief Justice,” the source added.
The source even said that the CA can ask for the results of the psychiatric test of Bautista before the JBC during his confirmation.
Bautista, however, must issue a waiver for its public disclosure because of existing doctor-patient confidentiality rule.
Under the Rules on Evidence of the Rules of Court, the result of the mental or physical examination of doctors of a patient cannot be disclosed without the permission of the patient who was examined.
“The Commission on Appointments can seek a certified true copy of the psychiatric result with the JBC because “the issue here is transparency.”