SC reaches decision on JBC set-up issue
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- Published on Wednesday, 18 July 2012 00:00
- Written by EVANGELINE DE VERA
By A Web design Company
THE Supreme Court yesterday said a decision has been reached on the petition filed by former solicitor general Francisco Chavez questioning the composition of the Judicial and Bar Council, but deferred disclosure of the result of the voting pending promulgation.
Earlier yesterday, there were talks that majority of magistrates have ruled in favor of Chavez’ petition. But court spokeswoman Gleo Guerra would neither confirm nor deny the reports, saying the decision will be formally released tomorrow.
Guerra said the decision to suspend the announcement of the voting on the Chavez case came from acting chief justice Antonio Carpio.
“There may be a change of vote prior to the promulgation of the decision…I think the Court wanted to make the announcement to make it official,” she said.
Magistrates took a vote on the Chavez petition yesterday during their regular en banc session, but Guerra said that based on the information given to her, some of the justices wanted to be given more time to prepare the majority decision and the dissenting opinion.
The six magistrates who have accepted their nomination to the post of chief justice inhibited from deliberations on the Chavez petition.
Chavez, in his petition, asked the high court to compel the JBC to follow to the letter Section 8, paragraph (1), Article VIII of the 1987 Constitution, which states that the panel should have only seven members and not eight, which is the current set-up.
He said Congress should only have one representative in the body. It has two at present, one each for the Senate and the House of Representatives.
Chavez said since 1987 when the JBC was created, up to 1994, Congress had only one representative in the council.
From 1994 to 2001, the council had two representatives from Congress, but only accounting for half a vote each.
The JBC is in the process of selecting a replacement for Renato Corona who was ousted in late May by the Senate acting as an impeachment court.
