Devanadera out of JBC list for SC

BY EVANGELINE DE VERA

JUSTICE Secretary Agnes Devanadera may have to wait until next year for her to be appointed as Supreme Court magistrate after the Judicial and Bar Council yesterday voted for Court of Appeals Justices Hakim Abdulwahid and Jose Catral-Mendoza as their top picks.

Abdulwahid and Mendoza got six votes each.

Court Administrator Jose Perez and Sandiganbayan Justice Francisco Villaruz each got five votes.

CA Justices Magdangal de Leon and Noel Tijam got four votes each.

SC spokesman Jose Midas Marquez said the shortlist will be submitted to President Arroyo for appointment to fill the vacancy left by Associate Justice Leonardo Quisumbing, who retired last Nov. 5 and the impending retirement of Minita Chico-Nazario on Dec. 6.

The JBC excluded Devanadera based on the pending graft-related cases that she has before the Office of the Ombudsman.

"She can still apply to the SC because there will be another vacancy in May 2010 when Chief Justice (Reynato Puno) retires," Marquez said.

President Arroyo has 90 days from the date of the start of the vacancies to appoint new magistrates.

In the event he is named to the SC, Abdulwahid becomes the second Muslim associate justice in the Tribunal.

The first, Justice Abdulwahid Bidin, retired 14 years ago. He was appointed by President Corazon Aquino.

A graduate of the University of the Philippines, Abdulwahid passed the Bar in 1972 with a grade of 80.55 percent.

He was endorsed by the Bishops Ulama Conference led by Davao Archbishop Fernando Capalla, Bishop Hilario Gomez Jr., and Dr. Hamid A. Barra representing the Ulama League of the Philippines.

Mendoza is known for his decision finding sufficient evidence to prove that the Army’s 7th Infantry Division abducted and continues to have custody of UP students, Sherlyn Cadapan and Karen Empeno, as well as farmer Manuel Merino, who have all been missing since June 2006.

That September 2008 ruling reversed an earlier ruling that dismissed the writ of habeas corpus petition filed by the families of the three missing persons. It also ordered the police authorities to pursue its investigation to determine the whereabouts of the victims.