Pag-kwestiyon ni Atty. Frank Chavez sa composition ng Judicial and Bar Council, may basehan ayon sa Integrated Bar of the Philippines

UNTV News   •   June 28, 2012   •   3915

FILE IMAGE: Former Solicitor General Francisco ‘Frank’ Chavez (UNTV News)

PASIG CITY, Philippines — Sa kanyang sulat sa Judicial and Bar Council nitong nakaraang linggo, humihingi ng paliwanag si dating Solicitor General Frank Chavez kung bakit dalawa ang kinatawan ng Kongreso sa JBC samantalang isa lamang ang nakasaad sa konstitusyon ng bansa.

Ayon sa Integrated Bar of the Philippines, may basehan ang pagkwestiyon ni Chavez sa sobrang bilang ng kinatawan ng Kongreso sa JBC.

“May constitutional basis talaga yung kanyang pagtatanong, dahil malinaw din na intensyon ng constitution ay para may isang representante yung Lehislatura, kapag dalawa na sila, mayroong nangyayaring over-representation,” ani Atty. Trixie Angeles, spokesperson ng IBP.

Ayon pa sa IBP, sa dating composition ng JBC ay naghahalinhinan ang Senado at Kongreso para sa magiging kinatawan nila sa konseho.

Ikukunsidera naman bilang isa ang boto na mula sa dalawang representante ng Lehislatura.

Ngunit sa nakaraang mga botohan ng JBC, may tig-isang boto sina Senador Chiz Escudero at Congressman Niel Tupas Jr.

Pahayag ng tagapagsalita ng IBP, “So, medyo kakaiba nga ang mangyari na naging walo na sila at ang boto ay hiwalay, kasi dati dalawa man sila considered one vote lang yung dalawang representante ng Lehislatura.”

Dahil dito ay interesado rin ang JBC sa magiging interpretasyon dito ng Korte Suprema.

“Ang sa IBP naman, istrikto lang naman kami kung ano yung nasa batas. So dahil nasa constitution natin isa lang ang representante ng Kongreso, then tama naman na tanungin ni Atty. Chavez at tama na dalhin niya sa Supreme Court.”

Dati na ring may mga nagtangkang kwestyunin ang composition ng JBC ngunit nadi-dismiss lamang ang mga ito dahil hindi gaanong napaninindigan ng mga petitioner

Kayat sakaling ituloy ni Chavez ang paghahain ng petisyon upang madala ang isyu sa Kataas-taasang Hukuman, kailangan munang tanggapin nito ang kanyang nominasyon

“In Atty. Chavez’s case, para mai-kwestiyon niya ang composition ng JBC kailangan, officially, nominee siya, kailangan mag-submit siya ng conforme to the nomination,” anang spokesperson ng JBC na si Angeles. (Ito Ang Balita ni Roderic Mendoza, UNTV News)


Application for SC, Court of Appeals posts now open – JBC

Robie de Guzman   •   May 25, 2020

MANILA, Philippines – The Judicial and Bar Council (JBC) has announced the opening of applications or recommendations for positions at the Supreme Court (SC) and the Court of Appeals (CA).

In an announcement posted on SC Public Information Office’s Twitter account, the JBC said applicants who will be selected in the process will occupy the position to be vacated by SC Associate Justice Jose Reyes Jr., who will retire on September 18, and former CA Presiding Justice Romeo Barza, who retired on August 2, 2019.

In its advisory, the JBC said interested applications must visit its official website, and access the online application scheduler.

After filling out the computer-generated letter of intent, they must submit it along with the documentary requirements to this JBC e-mail on the selected date and time of appointment in the online application scheduler.

The JBC emphasized that the digitized versions of the letter of intent they will submit must be “complete” and “accurate.”

“The documentary requirements should be in Portable Document Format (PDF) and e-mailed in a single file only, following the order of documents as enumerated in the Announcement posted on the JBC website,” it said.

“The date of actual receipt of the complete documentary requirements (sent through e-mail) shall be deemed as the date of filing,” it added.

The JBC further said that applicants are also required to submit two complete sets of the documentary requirements through courier service not later than 4:30 p.m. of July 7, 2020 to its office along Padre Faura Street in Manila.

It warned that applicants who will fail to comply with the requirements of online and physical submission of the documentary requirements will not be considered for nomination.

The JBC likewise announced it has set on May 28 at 10 a.m. an online public interview of candidates for the SC Associate Justice position vacated by former Associate Justice Andres Reyes Jr., who compulsorily retired on May 11, 2020.

The candidates are as follows:

  • Ramon Bato Jr.
  • Priscilla Baltazar-Padilla
  • Edwin Sorongon
  • Nina Antonio-Valenzuela

The JBC said that the following are also candidates for the said judicial position, but whose previous interviews are still valid:

  • Manuel Barrios
  • Amparo Cabotaje-Tang
  • Ramon Cruz
  • Japar Dimaampao
  • Jhosep Lopez
  • Jose Midas Marquez
  • Eduardo Peralta Jr.
  • Pablito Perez
  • Rizardo Rosario

The JBC is a constitutional office that accepts, screens, and nominates appointments to the judiciary.

It will then submit a list of nominees to President Rodrigo Duterte for selection, and whoever is appointed will complete the membership in the SC composed of 15 justices.

SC directs NTC, Congress to answer ABS-CBN vs closure order

Robie de Guzman   •   May 19, 2020

MANILA, Philippines – The Supreme Court (SC) on Tuesday ordered the National Telecommunications Commission (NTC) and Congress to comment on the petition filed by the ABS-CBN Corporation, challenging the cease and desist order that forced the network to go off the air earlier this May.

In a statement, the SC Public Information Office (PIO) said the magistrates gave the NTC 10 days from receipt of the notice to respond to the petition.

The NTC was named as the only respondent to ABS-CBN’s petition but the SC said it separately impleaded the Senate and the House of Representatives as parties to the case and required them to comment on the petition, stated the press briefer posted by the SC on its Twitter account.

The High Court also gave the NTC five days to reply to the comments to be filed by the Senate and the House.

The SC PIO said these actions were unanimously approved by the 14 SC Justices during an En Banc session on Tuesday.

The SC did not issue a temporary restraining order, as requested by the ABS-CBN in its petition, against the implementation of NTC’s closure order which it claims was issued without notice and hearing.

The NTC issued a shutdown order against ABS-CBN after its franchise expired on May 4.

In its petition, the media company argued that the NTC acted with grave abuse of discretion and violated its rights to equal protection and due process by issuing the order.

The company claimed that the NTC should have deferred to Congress that have earlier sent a formal letter asking the agency to allow ABS-CBN to continue operating while bills seeking for its franchise renewal remain pending in the House of Representatives.

It also asked the SC to nullify and set aside the cease and desist order which directed the network to stop the broadcast operations of its television and radio stations on May 5.

The SC PIO also confirmed that the High Court denied the motion of lawyer Lorenzo Gadon to consolidate his petition – which sought for the NTC to be prevented from issuing a provisional authority to ABS-CBN – with the plea of the network.

ABS-CBN petition vs NTC order raffled to SC justice – spox

Robie de Guzman   •   May 11, 2020

MANILA, Philippines – The plea of the ABS-CBN Corporation against the order of the National Telecommunications Commission (NTC) that forced it to halt its broadcast operations last week has been raffled off to a Supreme Court (SC) magistrate, its spokesperson confirmed Monday.

In a message to reporters, Supreme Court spokesperson Brian Keith Hosaka said the ABS-CBN’s petition has been raffled to a member-in-charge on Monday morning.

“I just want to confirm that the new petition filed by ABS-CBN against NTC has been raffled this morning to a member-in-charge,” Hosaka said.

“The results of the raffle is confidential pursuant to the internal rules of the Supreme Court,” he added.

A member-in-charge is a magistrate who will be in-charge of the progress of the case, according to SC’s internal rules.

The ABS-CBN Corporation’s petition seeks to nullify and set aside the cease and desist order issued by the NTC.

The media network also pleaded for the release of a temporary restraining order and/or preliminary injunction “to prevent grave and irreparable injury” to the company and its employees.

In its petition, the media network said the NTC acted with grave abuse of discretion and violated its rights to equal protection and due process by issuing the order.

The company claimed that the NTC should have deferred to Congress that have earlier sent a formal letter asking the agency to allow ABS-CBN to continue operating while bills seeking for its franchise renewal remain pending in the House of Representatives.

The NTC issued a cease and desist order on May 5, directing ABS-CBN to stop operating its various TV and radio broadcasting stations nationwide due to the expiration of its legislative franchise. The network’s franchise expired on May 4.


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