This article was last updated on April 16, 2022
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The Supreme Court declared on Tuesday that the authority of the Judicial and Bar Council (JBC) in selecting candidates for Chief Justice. The High Court dismissed an appeal filed by taxpayer Famela Dulay questioning JBC’s authority to interview candidates for the Chief Justice position. The same appeal also questioned the authority of the President to assign the Chief Justice.
Referring to its resolution in Dulay v. JBC, where it stressed that the Constitution provided that “members of the Supreme Court and the judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy,” the Court supported the JBC’s actions in the selection procedure for the Chief Justice.
The Court noted that, with regards to the Council’s authority to maintain with the process even before the Court decided the petitions questioning the jurisdiction of the Senate in the Impeachment case, “former Chief Justice Corona himself respected the decision of the Senate Impeachment Court and did not bring the matter to this Court.” It emphasized that “said petitions should not bar the JBC from performing its duty of selecting the nominees for the vacant post, and the President from making the appointment.”
The Court also highlighted that the Constitution imposed on the President the essential duty to make the appointment of a Member of the Supreme Court within 90 days from the occurrence of the post and that it was also crucial for the JBC to present the list of candidates to President within the period.
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