High Court to rule on Congress representation in JBC

THE Supreme Court (SC) will rule Friday on whether to allow two representatives from Congress in the membership of the vetting body Judicial and Bar Council (JBC).
Gleo Guerra, SC spokesperson, said the magistrates will continue deliberations Friday so that the JBC may be guided on how many representatives of Congress should be allowed to join their deliberation on Monday on who should be shortlisted for the position of Chief Justice.
The High Court held oral arguments Thursday on the petition filed by former solicitor general Francisco Chavez, who questioned the present eight-member composition of the JBC, which he said runs counter Section 8, Article 8 of the Constitution, which explicitly states that there should only be one representative from Congress.
Only nine justices participated in the oral arguments, while five magistrates who were nominated for the top SC post took no part, namely: Acting Chief Justice Antonio Carpio, Presbitero Velasco Jr., Teresita Leonardo-de Castro, Arturo Brion and Maria Lourdes Sereno.
Justice Arturo Abad, who was also nominated, however, took part. Sitting as acting chair during the hearing was Justice Diosdado Peralta, who is concurrently the acting chair of the JBC.
During the oral arguments, Senator Joker Arroyo, who represented Senator Francis Escudero, who sits as member of the JBC, together with Iloilo Representative Niel Tupas, labeled as “plain inadvertence” the wordings of the constitutional provision that there should be “a representative from Congress” in the composition of the JBC.
Arroyo told SC magistrates that Section 8, Article 8 should be taken in the context of a unicameral system of government, which was the original intention of the framers of the 1987 Constitution, instead of the present bicameral system where the legislature is divided into two chambers – the Senate and the House of Representatives.
He said the oversight was made at the time when the 1987 Constitution was being drafted, and the country was shifting to a bicameral form of government. He insisted that the JBC will not be complete with just one branch of Congress – either Senate or the House of Representatives – represented.
The senator said the High Court should take a long look in the constitutional provision and take into consideration the intent of the framers.
He pointed out that the five Chief Justice who sat at the SC since the 1987 Constitution was drafted exercised judicial activism by becoming policymakers and not just interpreters of the law when they “relaxed” said provision and allowed two representations for Congress in the JBC.
“When the situation calls for judicial remedy, the court should answer to it, it should respond. A single petition by one petitioner will override already what other chief justices in their wisdom, allowed. They’re happy enough with eight members, so why change it? Changing it will only cause problems. Why fix, what ain’t broke? What I’m saying is that, it will not be a new approach; it has been done in the past. It can be done now,” he said.
“The only issue is, should we follow the letter (of the Constitution) or should we follow the intent? I respectfully submit we should follow the intent,” he added.
Aside from a representative of Congress, the JBC is also composed of the Chief Justice as ex officio chairman, the Secretary of Justice, and a representative of the Congress as ex officio members, a representative of the Integrated Bar of the Philippines, a professor of law, a retired member of the SC, and a representative of the private sector.
SC justice Jose Catral Mendoza, who earlier penned the majority decision in favor of Chavez’s petition, agreed that there should only be seven members in the JBC. He said the SC has no authority to add one more to that number.
Associate Justice Jose Perez said the inadvertence Arroyo spoke of was never proven, and is at best just a speculation.
“The Constitution should be respected as it was ratified by the Filipino people. By what capacity does the SC say that the ratified provision is not correct?” he asked.
Arroyo pointed out that the inadvertence was not given much importance then because the people were only interested in the structure. He also noted that even Fr. Joaquin Bernas, a member of the constitutional commission, stated in the pleadings that there had been an inadvertence, but his statement has never been controverted by other framers of the Constitution.
Justice Mariano del Castillo proposed that both chambers of Congress should just form a bicameral committee to resolve the conflict on who should be sent to represent congress in the JBC.
During his interpellation, Chavez challenged the argument of Arroyo that there was an inadvertence, pointing out that the constitutional provision was explicit and unambiguous, thus there is no more room for interpretation.
“‘A’ means one, single, solitary, as simple as that. Judicial inquiry is already complete. There is no need for us to go to the extrinsic means. There is no need to say ‘seven’ because there is no need to state the obvious. There is no inadvertence. There is pure intent to provide only one representative from Congress,” he said.
Chavez likewise lashed at the Senate and the House for saying they will no longer send a representative to the JBC, saying this smacks of childishness on the part of lawmakers to hold hostage the JBC’s voting process.
“Let the JBC vote as originally constituted. Not sending a representative to the JBC is a childish threat. Growing old is inevitable but growing up is an option,” he said.
Even if Congress fails to send a representative, he said there will still be quorum with six remaining members present.
Two resolutions have been filed Thursday at the House of Representatives insisting that there should be two representatives from Congress in the JBC.
The twin resolutions were principally authored by House Speaker Feliciano Belmonte Jr., House Majority Neptali Gonzales II and Iloilo Representative Niel Tupas, an ex-officio member of the JBC in his capacity as chairman of the House committee on justice.
Senator Francis Escudero, the chairman of Senate committee on justice and human rights, is also ex officio member in the JBC.
“Reducing the representation and vote of the two houses of Congress in the JBC to one representative and one vote would effectively dilute the participation and role of the electorate in the screening and selection of nominees to the judiciary, diminish the independence of a co-equal and coordinate body, and depart from the principle of checks and balances inherent in a democratic and tripartite system of government,” House Resolution (HR) 2615 stated.
In House Resolution (HR) 2616, the House asked the JBC to “defer the consideration of all nominees and the preparation of the shortlist to be submitted to the President for the position of Chief Justice of the Supreme Court” pending the resolution of the motion for reconsideration.
Last week, the JBC screened all 20 nominees to the post vacated by ousted Chief Justice Renato Corona.
http://www.sunstar.com.ph/manila/local-news/2012/08/02/high-court-rule-congress-representation-jbc-235406

Frequently visited resort hotel in Pampanga Angeles City Clark Freeport Zone shares news, articles, suggestions and ideas on matters that might enhance your visit to Subic and Clark Pampanga for vacation and travel, as well as to organize, plan or attend a corporate or social event near Manila.

Where to stay in Clark, Philippines?

Voted Best Hotel in Clark Pampanga, this beach resort is a semi-private establishment located in the central business district near shopping, business, entertainment, airport and other conveniences of Philippines Clark Freeport Zone. This 13 hectare lake beach resort near Manila Philippines is a place of leisure that is highly recommended for family tourists with children or couples and individuals hoping to relax and enjoy peace and quiet in a laidback American suburban lifestyle.

Adding to the charm and attractiveness of this resort hotel in Clark Philippines are certain unique factors including safety, a keen sense of security and privacy that the main zone of Clark Freeport Zone offers. Angeles Philippines, Subic or Manila cannot offer the same sense of security like Clark Philippines. Clearwater is one of the best hotels in Clark and the resort is a very popular venue for rest and relaxation especially for golfers after a round of golf at one of the best golf courses near Manila. Clark is home to some of the best golf courses in Pampanga.

Philippines Travel Guide just unveiled recommendations and tips for safe and secured destinations during Holy Week and Easter Holidays in Philippines, Pampanga, Angeles City, Subic and Clark. The report covers highly recommended resorts and hotels in North Luzon, nice getaway destinations for families with children to enjoy activities in the outdoor, secured, safe and convenient place for tourists to relax and unwind, luxurious restaurants offering privacy and good ambience, best clubs in Pampanga and resto bars in Angeles City, pubs in Clark and fine dining restaurants in Pampanga, frequently visited places as well as historical sites in Angeles City, Pampanga, Clark Philippines.

Clearwater is generally regarded as is a place of leisure and the best private resort in Pampanga. This Clark hotel is the most frequently visited private resort outside Manila for corporate planning and team building because of its exclusivity. Clearwater is well regarded among frequent visitors to Clark as one of the best resorts in Pampanga. This is also one of the best resorts in Pampanga that offers good picnic spots near Manila.

Pampanga is an important province of the Philippines slated to be the next business and tourism center of the country. Already international traffic prefers the Clark International Airport and tourists find Clark Freeport Zone easier to get around than Manila. Safety, low crime rate, no traffic and low pollution levels all contribute to making Pampanga Angeles City Clark Freeport Zone a preferred destination for local and international tourists. Clearwater Resort is generally regarded as one of the best holiday spots near Manila.

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Creekside Road near Centennial Expo,
Clark Freeport, Pampanga Philippines 2023
(045) 889-5151 0917-520-4403 0922-870-5177
Joanne or Jeremy or Loydha

Getting to this lake and beach resort in Pampanga Angeles City Clark Philippines

After entering Clark Freeport from Dau and Angeles City, proceed straight along the main highway MA Roxas, passing the stand-along wine shop called Clark Wine Center on the right, continue to bear right making no turns at all, go past Mimosa Leisure Estate on the opposite side of the road, one will hit a major intersection. Go straight and the road becomes Creekside Road. YATS Clearwater Resort and Country Club is on the right just 200m down.

Family Bonding by the famous lake of Clark Pampanga

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Manila Sales Office
3003C East Tower, Phil Stock Exchange Center,
Exchange Rd Ortigas Metro Manila, Philippines 1605
(632) 637-5019 0917-520-4393 Rea or Chay

Email: Inquiry@ClearwaterPhilippines.com

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Wedding couples looking for wedding reception venues and beach wedding venues can log on to this Philippines Wedding Venue web site for free information and assistance:

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While in Clark, it might be a good idea to enjoy an evening of wine-and-dine in the fine dining Yats Restaurant and Wine Bar that features an award winning 2700-line wine list. It is located in Mimosa Leisure Estate of Clark Freeport Zone. For more information, visit http://www.YatsRestaurant.com

YATS Leisure Philippines is a developer and operator of clubs, resorts and high-class restaurants and wine shops in Clark Angeles Philippines http://www.YatsLeisure.com

While in Clark, one might as well add to the itinerary a visit to the famous Clark Wine Center, the largest wine shop in Philippines which offers over 2000 selections of fine vintage wine from all wine regions, vintages spanning over 50 years covering all price ranges.
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Looking for famous tourists spots, places to visit and see, relax and unwind in Clark, Pampanga, Philippines? You may want to check out these sites also:

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http://www.HotelClarkPhilippines.com

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http://www.YatsWineCellars.com

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Hot Line for what’s happening in Clark: 045 889-5151 or 0927-940-2669 ask for Loydha

0915-542-6250 (Jeramie)