The opposition says that the accusations of dismissal at the Lower House must be a valid reason for disqualification, but that does not have to be a fixed rule
MANILA, PHILIPPINES – A citizen named Rhia Ceralde filed an opposition on Friday 24 August at the Judicial and Bar Council (JBC) requesting disqualification from the 4 applicants for justice who voted for the quo warranto ouster by Maria Lourdes Sereno .
Ceralde said that Associate Justices Teresita Leonardo de Castro, Diosdado Peralta, Lucas Bersamin and Andres Reyes Jr. do not have the constitutional requirements of integrity, integrity and independence. possess because they voted in favor of the quo-warranto rejection, beaten by many prominent laws groups as an unconstitutional way to remove a supreme judge.
Ceralde quoted Section 5, Rule 4 of the JBC rules and regulations that say that someone "awaits criminal or regular administrative affairs" is "disqualified for nomination for appointment to a judicial post or as Ombudsman or Deputy Ombudsman."
Opposition lawmakers filed accusations of charges against 7 judges on 23 August, including the 4 main-court applicants, who also quoted their quo warranto as the basis.
"The deposition complaint filed against Associate Justices De Castro, Bersamin, Peralta and Reyes boils down to administrative matters that prevent them from being put on the short list to be submitted to the president, and to be disqualified from nomination to the position of Chief Justice." said Ceralde.
LOOK: received copy of the opposition filed with the JBC pic.twitter.com/6T3mvkPw3W
– Lian Buan (@lianbuan) August 24, 2018
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What do JBC rules say?
However, Rule 4, Section 5 (2) of the JBC rules also says: "complaints against applicants relating to the benefits of cases or adding errors to their decisions or resolutions, which are of a judicial nature, are no reason for disqualification. . "
The quo warranto vote is a ruling decision of the Supreme Court and a court decision that, according to the JBC & # 39; no reason for disqualification & # 39; is.
"In my personal opinion (not necessarily the JBC position), filing the complaint about rejection, which is neither a criminal case nor an administrative case as understood under the JBC rules, does not affect the appointment of the four SJ judges for the CJ position, "said Justice Minister Menardo Guevarra, an ex-officio JBC member.
Ceralde compared it with the time that detainee Leila de Lima was disqualified in 2012 for the short list with chief judge because she was awaiting complaints about the dissolution.
"This opposition relies on the actual rule promulgated by the JBC The JBC has applied this rule in a famous way Six years ago, the JBC disqualified Senator Leila de Lima from the race in court for the deletion has been filed against her, "Ceralde said.
Earlier, the JBC showed some attention to this rule. In the case of the secretary of the Ombudsman's Ombudsman, Silvestre Bello III, for example, the JBC did not automatically disqualify him because they took into account the possibility that his case would be seized at the time of the deliberation.
The case against Bello was rejected just in time for the JBC interviews. However, Ombudsman Samuel Martires was eventually appointed.
The JBC would meet Friday morning to resume the deliberations and possibly vote on the short list for the Chief Judge. It was postponed for a week because the members needed more time view critically the submitted documents of applicants, including their statement of assets, liabilities and net worth (SALN & # 39; s). – Rappler.com