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Tit for tat? Written by Ninez Cacho-Olivares

Sunday, July 29, 2012

Tit for tat?


Judicial and Bar Council representatives of Congress, Sen. Francis Escudero and Rep. Niel Tupas Jr., have been ordered pulled out of the JBC by their respective leaders, owing to the decision of the Supreme Court (SC) ruling that said only one representative from Congress is mandated by the Constitution to sit in the JBC.

The Senate and House leaders no doubt want a representative from their chambers to represent them in the JBC, and as a result, they have questioned the ruling the SC made in the matter of, one, the so-called acting Chief Justice (CJ) convening the JBC for the selection of candidates for the top post in the judiciary when the Constitution clearly states that it is the CJ who is the ex-officio head of the JBC; and two, the same ruling also saying that, by way of line of succession, according to a 1948 Judiciary Act, even a junior SC justice can preside over the JBC proceedings, which certainly goes against the Charter, apart from being illogical.

There is too that question of the President of the Republic substituting for the Justice chief, Leila de Lima, ex-officio member who had inhibited herself, an undersecretary to replace her at the JBC, when the Constitution clearly states that it is the Justice Secretary who is the ex-officio member..... MORE

SourceThe Daily Tribune

URL: http://www.tribuneonline.org/index.php/commentary/item/2151-tit-for-tat?

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