THE Supreme Court has sustained its decision last year nullifying the Judicial and Bar Council’s scheme of clustering nominees for multiple vacancies in the judiciary.
In a resolution dated Feb. 17, the SC denied the motion for reconsideration filed by the Integrated Bar of the Philippines questioning the appointments of Associate Justices Geraldine Faith Econg and Michael Frederick Musngi in the Sandiganbayan by former President Aquino last year.
The high court also denied a similar appeal filed by the JBC, which defended the clustering of nominees in its shortlists for separate vacancies.
While the tribunal affirmed the appointments in the anti-graft court, the SC upheld its ruling to strike down the clustering of nominees for one shortlist per vacancy.
“The declaration of the court that the clustering of nominees by the JBC for the simultaneous vacancies that occurred by the creation of six new positions of Associate Justice of the Sandiganbayan is unconstitutional was only incidental to its ruling that President Aquino is not bound by such clustering in making his appointments to the vacant Sandiganbayan Associate Justice posts,” the resolution stated.
The high court also censured the JBC for removing the long-standing rule allowing the SC to submit its recommendations to the JBC before the council votes on shortlist.
“These changes in settled rules and practices recently adopted by the JBC under Chief Justice Sereno are disconcerting,” the ruling said.
The high tribunal, in the assailed ruling, voided the scheme that clipped the power of the President to freely choose among nominees.
“There appears to be a systematic move by the JBC, under Chief Justice Sereno, to arrogate to itself more power and influence than is actually granted by the Constitution and this Court, and at the same time, to ease out the Court from any legitimate participation in the nomination process for vacancies in the Judiciary, specifically in the Supreme Court,” read the unanimous ruling penned by Associate Justice Teresita Leonardo – De Castro.
The SC rejected the IBP’s argument that the former President violated the Constitution in appointing Associate Justices Geraldine Faith Econg and Michael Frederick Musngi in January last year.
It held the appointments did not violate Section 9, Article VIII of the Constitution, which provides that “members of the Supreme Court and judges of the lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy.”