DEFINITION OF ‘PENDING CASE’ KEY TO RECONSIDERATION

JBC to review Buñag, Devanadera pleas on SC posting

By Benjamin B. Pulta

12/16/2008

The Judicial and Bar Council (JBC) relented to appeals yesterday to review its decision to disqualify Solicitor General Agnes Devanadera and former Bureau of Internal Revenue Commissioner Jose Mario Buñag from the shortlist of candidates to a vacancy in the Supreme Court (SC) that resulted in the suspension of its open-voting for a final list of nominees.

SC spokesman Jose Midas Marquez said the JBC, which screens applicants to posts in the judiciary, will assess the status of pending cases filed against Devanadera and Buñag.

Justice Secretary Raul Gonzalez, an ex-officio member of the JBC, raised the issue on the definition of “a pending case” to insist that Devanadera and Buñag should not have been disqualified from seeking an SC post.

Instead of naming nominees to the post that will be vacated by retiring Associate Justice Ruben Reyes, the JBC agreed to further study the motions for reconsideration filed by the two while it turned down a similar motion by 65-year-old lawyer Rodolfo Reyes who was disqualified because of his age.

“In the case of attorney Robles, the JBC has decided to be firm in its decision in disqualifying attorney Robles. The issue there is the age of attorney Robles. While the JBC will be re-studying its rule on age, in the meantime the rule will stay and therefore attorney Robles is disqualified,” Marquez said.

Devanadera sought reconsideration of the JBC’s decision insisting that her disbarment case has already been dismissed while the plunder complaint is still in the preliminary stage and that the complainant, Ilocos Sur Gov. Luis Chavit Singson.

On the other hand, Buñag’s cases are all related to his work as then BIR commissioner.

Marquez said the eight-man JBC has agreed to defer the open voting until Monday next week to be able to thoroughly settle the queries of some of its members on the actual definition of a pending case.

He said some members insisted that cases which have not been filed in court should be considered as still in the preliminary stage.

“That is also one thing that they will re-studying during this one week period. While some of the cases are technically still in the preliminary stages it has been there in that particular stage for quite some time already. And that is why the members of the JBC are also at a loss why these cases have remained in that so-called preliminary stage,” Marquez said.

In her motion for reconsideration, Devanadera said the treatment accorded by the JBC to three other candidates who have pending cases but were not excluded from the list should also be given to her.

She was referring to Court of Appeals Justices Juan Enriquez, Martin Villarama, Jr. and Mariano del Castillo whose applications for SC post were considered despite their pending cases.

The JBC reasoned that the cases of the three candidates are still in the preliminary stage which does not warrant their exclusion from the JBC’s list.

Devanadera, however, claimed that the plunder case against her before the Ombudsman is still in the preliminary stage and that her exclusion as respondent in the case has already been sought by Singson.

“However, there is no resolution yet from the Office of the Ombudsman as to the action taken on the motion of the complainant. The JBC thought that it should first get the status directly from the Ombudsman,” Marquez said.

Buñag, on the other hand, is facing several cases before the Office of the Ombudsman for alleged failure to respond or to take action on complaint’s letter; alleged oppression, grave abuse of discretion and grave misconduct;

He is also facing a complaint filed before the Department of Justice by tax informant Danilo Lihaylihay.

The former BIR commissiocommissioner also has a pending case before the Quezon City Prosecutor’s Office for alleged willful neglect to perform any other duty enjoined by law and to make payment required of a public officer.

Marquez said the JBC maintained that non-career applicant should have at least five years in the Supreme Court so that they will have time to familiarize themselves first with how the Court conducts its business.

Senator Francis Escudero, the JBC member representing the Senate, claimed the bar council has to make sure that the candidates whose names they will submit to the President for approval no longer have pending cases.

“It’s better to be safe than to be sorry. Nobody is indispensable,” he said.

Voting 5-2, the JBC ruled with finality that Robles is disqualified for failing to meet the five-year rule requirement. Reyes is 65 years old and four months. He is five months short of meeting the requirement.

Aside from Devanadera, Buñag, and Robles, other candidates for the SC vacancy include Court of Appeals Associate Justices Remedios Salazar-Fernando, Portia Alino-Hormachuelos, Andres Reyes, Josefina Guevarra-Salonga, Mariano del Castillo, Juan Enriquez Jr., Sandiganbayan Presiding Justice Diosdado Peralta, and Edilberto Sandoval.

Marquez added the JBC is also set to open for application the slot to be vacated by SC Associate Justice Adolfo Azcuna who will retire on February 15.

“We expect another set of applicants for that vacancy,” Marquez said.

The JBC disqualified Devanadera and Buñag for the SC post candidates due to their pending cases. The JBC’s internal rules bar those with pending criminal or regular administrative cases from being nominated or appointed to any judicial post.

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