'De Lima may still have chance'

MANILA, Philippines - Hope springs eternal for Justice Secretary Leila de Lima in her bid to become the next chief justice.

Iloilo Rep. Niel Tupas Jr., member of the Judicial and Bar Council (JBC), has hinted on the possible amendment of their rule for automatic disqualification of candidates for judicial posts with pending criminal or regular administrative case.

Tupas said it was he who made the proposal, which could allow the council to keep De Lima in the running for the top judicial post despite two pending disbarment cases with the Integrated Bar of the Philippines (IBP).

He revealed that the JBC is set to tackle this issue today before deciding on the case of De Lima and voting on a shortlist to be submitted to President Aquino.

“We have to amend this rule to be equitable and fair to applicants,” he said.

“We don’t know how the council will decide on my proposed amendment but there’s also a letter seeking reconsideration of that rule and we will act on that on Wednesday,” Tupas added.

Tupas, who served as lead House prosecutor in the impeachment trial of former chief justice Renato Corona, was referring to Section 5, Rule 4 of the Rules of the JBC.

He admitted that should a majority of their members vote to stand by this provision, Secretary De Lima and three other candidates with pending cases – Solicitor General Francis Jardeleza, Securities and Exchange Commission chair Teresita Herbosa and Presidential Commission on Good Government chair Andres Bautista – will be “definitely disqualified.”

Last week, De Lima asked the JBC in a letter to reconsider the application of this rule in her case, insisting that the disbarment complaints against her are mere harassment cases.

When the IBP rejected her motion for outright dismissal of the disbarment complaints filed against her by lawyers Agustin Sundiam, Ricardo Rivera, Fernando Perito and Nephtali Aliposa last year, the Justice secretary turned her appeal to the JBC.

“I still hope that the JBC will see through the nature of the disbarment complaints against me as nothing but harassment cases, and which should not be used to disqualify me, and do the same for other similarly situated candidates,” De Lima said in a statement.

In a unanimous vote of its governors the IBP ruled that the disbarment cases already had prima facie finding of merit when referred by the high court, which means they should be considered regular administrative cases.

De Lima maintained that neither the SC nor the IBP has come up with a resolution certifying prima facie finding of merit in her disbarment cases. She also questioned why the lawyers’ body affirmed its decision when its investigator already found no merit in two of the complaints.