6 candidates for Supreme Court vacancy face JBC

MANILA, Philippines — Six of 12 candidates for the position in the Supreme Court to be vacated by retiring Associate Justice Presbitero Velasco Jr. this August faced the Judicial and Bar Council (JBC) yesterday.

Court of Appeals Justices Ramon Garcia, Oscar Badelles, Manuel Barrios and Amy Lazaro-Javier; Davao City Regional Trial Court Judge Carlos Espero; and former Ateneo College of Law dean Cesar Villanueva were grilled by the JBC in public interviews.

The seven-member panel tested the competence of the SC aspirants by asking their opinions on various pressing issues, including the ouster of Chief Justice Ma. Lourdes Sereno, the conflict with China over the West Philippine Sea and the proposed legalization of divorce and same-sex marriage in the country.

Badelles was asked for his opinion on the West Philippine Sea conflict and he said the “judiciary does not have an active role on that.”

“Historically, judiciary awaits cases to be filed. But basically the pursuit on West Philippine Sea should be done by the executive branch,” he said.

The CA justice was likewise quizzed on moves to allow same-sex marriage in the country, which the SC will hear in oral arguments on June 19. He said it cannot be allowed under the 1987 Constitution.

“Freedom of religion is given preferred status over civil political rights, so if it’s between freedom of religion and freedom against discrimination, freedom of religion has higher preference under the Constitution,” Badelles told the JBC members.

He expressed belief that gay couples may be discriminated if same-sex marriage is prohibited, but explained that this is because “one right is superior than the other.”

Barrios, on the other hand, was asked about Sereno’s ouster via quo warranto case and gave a more academic answer.

“What is quo warranto and when it is applicable? It is a legal remedy to question the fitness and qualification or lack of qualification of a certain person to a government position or a government officer who reached the limit of his term but refuses to vacate office,” he explained.

On the issue of divorce, Barrios explained that it is “against public policy” because the country’s laws “do not recognize foreign divorces except if one party is a foreigner (and) the other is a Filipino.”

The six other aspirants – CA Justices Jose Reyes, Rosmari Carandang, Ramon Bato, Ramon Hernando and Apolinario Bruselas; and Court Administrator Jose Midas Marquez – were no longer required to face the JBC because of their previous interviews within the past year for a similar vacancy in the SC.