- Written by Tribune Editorial
The latest SC decision ruled that the acting Chief Justice, who is Antonio Carpio, should head the Judicial and Bar Council, despite the clear wording of the 1987 Constitution saying that it is the Chief Justice who is mandated to head the JBC.
But to justify that decision, the SC pulled out a 1948 Republic Act 296, Section 12, saying that considering that the complete membership in the JBC is preferable and pursuant to its supervisory power over the JBC, it should not be deprived of representation. It ruled that the most senior justice of the high court, who is not an applicant for the position of Chief Justice, should participate in the deliberations for the selection of nominees for the said vacant post and preside over the proceedings in the absence of the constitutionally named ex-officio chairman, pursuant the Judiciary Act of 1948.
That Act states that “In case of vacancy in the Office of the Chief Justice of the Supreme Court, or of his inability to perform the duties and powers of his office, they shall devolve upon the Associate Justice who is first in precedence, until such disability is removed, or another Chief Justice is appointed and duly qualified. This provision shall apply to every Associate Justice who succeeds to the Office of the Chief Justice.”.... MORE
Source: The Daily Tribune