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FREQUENTLY ASKED QUESTIONS
On 20 December
2005, Supreme Court Chief Justice Hilario G. Davide Jr. will reach
the mandatory retirement age of seventy. His retirement will pave
the way for the appointment of his successor, the 21st
Chief Justice of the Supreme Court, and the appointment of a new
associate justice who will fill up the seat vacated by Chief Justice
Davide.
Citizen
participation in the Supreme Court appointment process, albeit
possible, is limited. It would be through the four regular members
of the Judicial Bar Council (JBC), the body that is tasked to
nominate appointees to the judiciary.
The Supreme Court
Appointments Watch (SCAW) aims to actively monitor the selection
processes of the JBC. Beyond that, it also aims to increase the
level of public awareness on the selection and appointment processes
and to help formulate institutional mechanisms that would enhance
the transparency and accountability of such processes.
1.
What is the judiciary? What is the Supreme Court?
The judiciary is
the third co-equal branch of government (the other two being the
legislature and the executive). It is the arbiter of all legal
disputes in our democratic system. It consists of the Supreme Court
and the lower courts as established by Philippine laws. It serves
the people through the dispensation of fair, impartial, and swift
justice. As such, it must be fully accountable to the people by
remaining transparent, yet at the same time, not betray the judicial
aspects that require confidentiality. Also, because of this
mandate, the judiciary must maintain its independence and remain
immune from undue influence.
The Supreme Court
is the final arbiter of all legal battles or the “Court of Last
Resort”. As stated in the 1987 Constitution, the Supreme Court "has
the power to 'review, revise, reverse, modify, or affirm on appeal
or certiorari as the law or the Rules of Court may provide, final
judgments and orders of lower courts in:
(a) All cases in
which the constitutionality or validity of any treaty, international
or executive agreement, law, presidential decree, proclamation,
order, instruction, ordinance, or regulation is in question;
(b) All cases involving the legality of any tax, impost, assessment,
or toll, or any penalty imposed in relation thereto;
(c) All cases in which the jurisdiction of any lower court is in
issue;
(d) All criminal cases in which the penalty imposed is reclusion
perpetua or higher; and
(e) All cases in which only an error or question of law is
involved."
The Supreme Court
consists of the Chief Justice and 14 Associate Justices. At
present, the Supreme Court consists of the following:
Hon. Reynato S.
Puno
Hon. Artemio V.
Panganiban
Hon. Leonardo
A. Quisumbing
Hon. Consuelo
Ynares-Santiago
Hon. Angelina
Sandoval-Gutierrez
Hon. Antonio T.
Carpio
Hon. Ma. Alicia
Austria-Martinez
Hon. Renato C.
Corona
Hon. Conchita
Carpio-Morales
Hon. Romeo J.
Callejo, Sr.
Hon. Adolfo S.
Azcuna
Hon. Dante O.
Tinga
Hon. Minita
Chico-Nazario
Hon. Cancio C.
Garcia
2.
Does the judiciary have a role in governance?
In our country
where the powers of government are allocated in three distinct
branches – executive, legislative, and judiciary – the judiciary is
tasked to settle actual controversies involving rights. It is
mandated to determine if there has been a grave abuse of discretion
or excess of jurisdiction in any of the branches of government. Just
like the executive and legislative branches, the judiciary has a
role in the promotion, protection and fulfillment of the human
rights of every individual, particularly the poor and marginalized,
in the Philippine society.
3. How are the courts
organized?
The judiciary is composed of courts
organized into four levels. On top, or fourth level, of the
judicial ladder is the Supreme Court. The Court of Appeals is the
third level. The Regional Trial Courts are second level while the
Metropolitan Trial Courts, Municipal Trial Courts, Municipal Trial
Courts in Cities, and Municipal Circuit Trial Courts constitute the
first level of the judiciary.
4. What are the requirements for the appointment of justices and
judges?
The Constitution
mandates that the qualifications of a Supreme Court Justice are:
-
Natural-born
citizen of the Philippines;
-
At least forty
years of age;
-
Must have been
a judge of a lower court or engaged in the practice of law in
the Philippines for at least 15 years; and
-
A person of
proven competence, integrity, probity, and independence.
Judges, on the
other hand, must have the following requirements:
-
Citizen of the
Philippines;
-
Member of the
Philippine Bar;
-
Proven
competence, integrity, probity, and independence; and
-
Other
qualifications that the Congress may prescribe by law.
A justice or a
judge will hold office until s/he reaches the retirement age of 70
or becomes incapacitated to discharge the duties of his/her office.
5. How transparent are the selection and appointment processes?
Presently, the
transparency of the whole process is limited. The names of
applicants are published and the interviews are conducted publicly
but the actual selection process or the voting of the Judicial and
Bar Council (JBC) is done in private. The minutes or record of
proceedings of the selection process is also not publicly disclosed.
6.
What exactly is the JBC?
The authority to
nominate appointees to the judiciary is vested in the Judicial and
Bar Council (JBC). It handles the whole process of screening of
nominees. From among a list of at least three candidates,
the President makes appointments to vacant judicial positions within
90 days from the JBC’s submission of the list. Such appointments
need no confirmation. In the case of Chief Justice Hilario Davide
Jr., the President must appoint a new Chief Justice ninety days from
his retirement on 20 December 2005.
The President with
the consent of the Commission on Appointments, appoints members of
the JBC. The JBC is composed of the following:
Ex-officio:
-
Chief Justice of
the Supreme Court (Chief Justice Hilario Davide, Jr., Ex-officio
chairman)
-
Department of
Justice Secretary (Sec. Raul Gonzalez)
-
Representative
from the Congress (Senate Justice Committee Chairman, Sen. Francis
Pangilinan and House of Representatives Justice Committee
Chairman, Rep. Simeon Datumanong, share a vote)
Representing the
different sectors:
-
Retired Justice
of the Supreme Court (Retired Justice Regino Hermosisima
-
Academe (Dean
Amado Dimayuga)
-
Integrated Bar of
the Philippines (Atty. J Conrado Castro)
-
Private Sector
(Retired Justice Raul Victorino)
Ex-officio
secretary
7. What is the
involvement of civil society in the whole appointment process?
There is no genuine
involvement or participation from civil society. It is assumed that
ordinary citizens are represented in the judicial appointment
process in the JBC through the private sector representative.
Recently (in the last three years), however, the JBC has opened up
the process to the public by conducting public interviews and
hearings for the candidates.
Neither is there
civil society participation in the selection and appointment of the
members of the regular members of the JBC.
8. What could an
ordinary citizen, such as myself, do to ensure that the next Chief
Justice and Associate Justice are not appointed based on real
politik?
Since the avenues
for participation are limited, it is imperative for citizens,
whether part of civil society or not, to do two things: maximize the
openings and work towards improving the existing processes.
Ordinary citizens
could join the SCAW. The SCAW will participate in the processes of
the JBC. It will actively monitor the screening of nominees and the
president’s final appointment of selected nominees to the vacant
positions. It will also make efforts towards introducing or
enhancing mechanisms for civil society’s participation in the
appointment process.
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