Drilon twits GMA´s latest attempt to undermine judiciary
Mike Banos
August 09, 2009
Former Senate President and Justice Secretary Franklin Drilon has slammed President Gloria Arroyo´s latest "attempt to undermine the independence of the judiciary" after she returned the list of nominees submitted by the Judicial and Bar Council (JBC) to fill up the two vacancies in the Supreme Court.
Drilon was in Cagayan de Oro over the weekend to attend a testimonial dinner for the 22 passers of the bar by Xavier University-Ateneo de Cagayan at a local hotel.
The president returned the list of six nominees a week ago and asked the JBC to expand the list with more nominees for the seats vacated by retired Supreme Court justices Dante Tinga and Alicia Austria-Martinez.
"As a former Justice secretary and a member of the JBC, I call on Chief Justice Reynato Puno and the members of the JBC to stand pat on its decision in the face of this brazen attempt by Malacaņang to undermine the independence of the judiciary," Drilon said. "The JBC should insist in the finality of its nominees to the Supreme Court as provided for in the Constitution and not compromise the integrity of the judiciary, otherwise it will be subservient to the administration."
Media reports report Executive Secretary Eduardo Ermita has written the JBC asking for more names on top of the six that the council submitted to Malacaņang. Drilon claimed Malacaņang wants incumbent Justice Secretary Agnes Devanadera included in the list.
The JBC reportedly disqualified Devanadera and former energy czar Raphael Lotilla from the list of nominees allegedly because of pending cases against them at the Office of the Ombudsman. Devanadera applied for an SC seat but inhibited herself from voting in the final list submitted by the JBC of which she is an automatic member as justice secretary.
Devanadera reportedly has two pending cases at the Ombudsman, excluding 15 other charges from anonymous complainants while she was still solicitor general. Lotilla reportedly also has pending complaints before the Ombudsman.
The final list of nominees submitted by the JBC includes Court of Appeals (CA) Associate Justices Martin Villarama, Hakim Abdulwahid and Mariano del Castillo; Sandiganbayan Associate Justice Francisco Villaruz Jr.; University of Santo Tomas law school dean Robert Abad, and lawyer Rodolfo Robles.
Drilon said the JBC was created as a Constitutional body under the 1987 Constitution to nominate candidates for appointments to the judiciary, including the Supreme Court. The President cannot appoint anyone who is not in the JBC nomination list, he stressed.
"This is pursuant to the check and balance principle in a democratic presidential form and government and President Arroyo should not attempt to subvert that principle," Drilon said.
The 1987 Constitution provides that any vacancy in the high court should be filled within 90 days from its occurrence. The 90-day period for Austria-Martinez´s resignation expired Friday, July 31st.
Former Senate President Jovito Salonga has been quoted in media reports as saying, "Laganap na ang balita (Word is out). President Arroyo wants to choose Solicitor General Devanadera (as the next SC member) regardless of the desire of the JBC" and described Devanadera as "very close" to the President.
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Drilon was in Cagayan de Oro over the weekend to attend a testimonial dinner for the 22 passers of the bar by Xavier University-Ateneo de Cagayan at a local hotel.
The president returned the list of six nominees a week ago and asked the JBC to expand the list with more nominees for the seats vacated by retired Supreme Court justices Dante Tinga and Alicia Austria-Martinez.
"As a former Justice secretary and a member of the JBC, I call on Chief Justice Reynato Puno and the members of the JBC to stand pat on its decision in the face of this brazen attempt by Malacaņang to undermine the independence of the judiciary," Drilon said. "The JBC should insist in the finality of its nominees to the Supreme Court as provided for in the Constitution and not compromise the integrity of the judiciary, otherwise it will be subservient to the administration."
Media reports report Executive Secretary Eduardo Ermita has written the JBC asking for more names on top of the six that the council submitted to Malacaņang. Drilon claimed Malacaņang wants incumbent Justice Secretary Agnes Devanadera included in the list.
The JBC reportedly disqualified Devanadera and former energy czar Raphael Lotilla from the list of nominees allegedly because of pending cases against them at the Office of the Ombudsman. Devanadera applied for an SC seat but inhibited herself from voting in the final list submitted by the JBC of which she is an automatic member as justice secretary.
Devanadera reportedly has two pending cases at the Ombudsman, excluding 15 other charges from anonymous complainants while she was still solicitor general. Lotilla reportedly also has pending complaints before the Ombudsman.
The final list of nominees submitted by the JBC includes Court of Appeals (CA) Associate Justices Martin Villarama, Hakim Abdulwahid and Mariano del Castillo; Sandiganbayan Associate Justice Francisco Villaruz Jr.; University of Santo Tomas law school dean Robert Abad, and lawyer Rodolfo Robles.
Drilon said the JBC was created as a Constitutional body under the 1987 Constitution to nominate candidates for appointments to the judiciary, including the Supreme Court. The President cannot appoint anyone who is not in the JBC nomination list, he stressed.
"This is pursuant to the check and balance principle in a democratic presidential form and government and President Arroyo should not attempt to subvert that principle," Drilon said.
The 1987 Constitution provides that any vacancy in the high court should be filled within 90 days from its occurrence. The 90-day period for Austria-Martinez´s resignation expired Friday, July 31st.
Former Senate President Jovito Salonga has been quoted in media reports as saying, "Laganap na ang balita (Word is out). President Arroyo wants to choose Solicitor General Devanadera (as the next SC member) regardless of the desire of the JBC" and described Devanadera as "very close" to the President.
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