THE Supreme Court en banc has overruled Chief Justice Maria Lourdes Sereno and the Judicial and Bar Council (JBC) on the issue of appointments to the judiciary, declaring that the President has the prerogative to appoint any nominee from shortlists submitted by the JBC.

During deliberations on Tuesday, the high tribunal voted unanimously to declare the JBC’s “clustering” scheme unconstitutional and illegal, in a landmark decision that sets the precedent for future vacancies in the Supreme Court and the rest of the judiciary. Two Supreme Court posts will become vacant this month with the retirement of Associate Justices Arturo Brion and Jose Perez.

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