SOLICITOR General Francis Jardeleza has asked the Supreme Court to order the Judicial and Bar Council (JBC) to reset its June 30 hearing on supposed questions about his integrity and to bar Chief Justice Ma. Lourdes Sereno from voting nominees for the position vacated by former Associate Justice Roberto Abad.
In a nine-page letter to the High court dated Monday, Jardeleza, one of 14 nominees for the position, accused Sereno of violating his right to due process and JBC Rules and of grave abuse of discretion when she directed the council to summon him to a June 30 meeting at the Supreme Court during which she would bring up her objections to the solicitor general’s integrity.
During the JBC’s June 15 and 16 meetings, the Chief Justice was said to have invoked Section 2, Rule10 of JBC-009, which requires an affirmative vote of all council members for the favorable consideration of a qualified candidate whose integrity has come under question.
Sereno, who is JBC’s ex-oficio chair, told council members she will inform Jardeleza of her objections to his integrity in the June 30 meeting.
Former Sandiganbayan Justice and JBC member Aurora Lagman relayed Sereno’s order to the solicitor general on June 16.
Jardeleza charged Sereno with assailing his integrity twice without providing him the details and the opportunity to be heard.
He said Section 2, Rule 10 of JBC-009 is not self-executing and does not empower a JBC member to deny an applicant a nomination in the absence of evidence previously brought to the attention of the council, which forms part of its public record, and which has been validated by the council.
“Grounds not raised up to the time of the public interview of the applicant are barred,” he said.
Jardeleza’s public interview was held on May 29.
The solicitor general also cited JBC’s two rules—Rule 4 of JBC-009 and Rule No. JBC-10—that must be followed before Section 10, Rule 2 of JBC-009 can be invoked.
He said: “First, the Council informs the public about the nomination so that an oppositor may file a complaint or opposition if desired. If a complaint or opposition is filed, the same must be in writing and under oath, and the candidate concerned furnished a copy so that he can file his comment thereto. The Council, at the request of any member, may on its own conduct a discreet investigation of any candidate. During the public interviews, the candidate will be made to explain the complaint or opposition against him, or be confronted with (for his explanation) the results of the discreet investigation. After the public interviews, the Council shall meet in executive session for final deliberations. Then and only then can a Council member invoke Section 2, Rule 10 of JBC-009.”
The due process steps were disregarded in his case, he said.
Jardeleza described Sereno’s information on his integrity as “secondhand,” saying the Chief Justice has never supervised his work or public or private life.
He added that a complaint filed against him when he was deputy Ombudsman has been dismissed.
The solicitor general also brought to the Supreme Court’s attention several news reports that Sereno had written her colleagues in the High Court that several justices had asked to do away with the Supreme Court voting on its recommendations for the shortlist, as required by Section 1, Rule 8 of JBC 009.
According to reports, Associate Justice Teresita Leonardo-De Castro confronted Sereno in an en banc meeting. The Chief Justice reportedly could not name the justices.
In his letter, Jardeleza asked the Supreme Court to order the JBC to give him at least five days’ notice to any hearing to which he will be summoned and the sworn statements against him so he can put up a “meaningful defense.” He also sought the opportunity to cross-examine his oppositor.
In seeking to bar Sereno from voting on the applications, Jardeleza said he should not be made to go through a process where the Chief Justice will act as both prosecutor and judge.
Aside from Jardeleza, the applicants for Abad’s position are Nina Antonio-Valenzuela, Rowena Guanzon, Maria Cristina Cornejo, Rosmari Carandang, Jose Reyes Jr., Maria Gracia Pulido-Tan, Apolinario Bruselas Jr., Ramon Paul Hernandez, Stephen Cruz, Andres Reyes Jr., Reynaldo Daway and Noel Tijam.—Yvonne T. Chua