July 30, 2009, Manila - The Supreme Court Appointments Watch (SCAW) and the Citizens' Search Committee for the Supreme Court, strongly condemn Malacanang's attempt to undermine our democratic institutions by returning the shortlist of candidates for Supreme Court Associate Justice to the Judicial and Bar Council (JBC).
The President's returning of the JBC shortlist blatantly circumvents the selection and appointments process and openly undermines the mandate and independence of the JBC. This does not only raise the questions and doubts on the credibility of the selection and appointments process but also on the effectiveness of institutional measures to shield the Supreme Court from political interference.
The JBC has already submitted six names for the President's consideration for the two vacancies at the Supreme Court due to the retirements of Justices Alicia Austria-Martinez and Dante Tinga. The return by the President of the list to the JBC, ostensibly asking for a "wider array of nominees," effectively demands from the JBC that it includes in its list of nominees candidates that have already been earlier rejected by the said body.The President's power to appoint is not unbridled. Institutional measures are put in place to limit this power, such as the confirmation process of the Commission on Appointments for senior level officials in the bureaucracy and the screening process of the JBC for the courts and Ombudsman. For appointments to the judiciary, the President may appoint only from among the names submitted to the Office of the President by the JBC. Malacanang's decision to return the JBC shortlist shamelessly undermines the evaluation and assessment process envisioned under the Constitution for the appointment of members to the judiciary.
By the end of 2009, President Arroyo will have appointed 14 of the 15 justices of the Supreme Court. The return to the JBC of the shortlist clearly reflects that President Arroyo seeks to control the Supreme Court by making personal loyalty to her as the primary criterion in making her appointments. Never has a single president attempted to control the Supreme Court in such a blatant manner in so short a period of time.
We urge the JBC:
- To fulfill its mandate as an independent body and reject, in no uncertain terms, the returned shortlist;
- To steadfastly uphold and maintain the integrty, probity, competence, and independence of the Supreme Court
We call on the individual members of the Judicial and Bar Council -- Chief Justice Reynato Puno, Secretary Agnes Devanadera, Senator Francis Escudero, Congressman Matias Defensor, Dean Amado Dimayuga, Atty. J Conrado Castro, Justice Aurora Lagman, and Justice Regino Hermosisima -- to preserve the intergrity of the appointment process within the judiciary, especially the Supreme Court, and be honorable in the fulfillment of their mandate.