President Benigno S. Aquino III delivers his speech during the 119th Founding Anniversary of the Philippine Army at the Brigadier General Tirso Fajardo Building, Headquarters Philippine Army Grandstand, Fort Bonifacio in Taguig City on Tuesday (March 22), with the theme: “Serving the People. Securing the Land.” Also in photo are Defense Secretary Voltaire Gazmin, AFP Chief of Staff General Hernando Iriberri and PA Commanding General Lt. Gen. Eduardo Año. (MNS photo)
MANILA (Mabuhay) – The Integrated Bar of the Philippines (IBP) on Tuesday asked the Supreme Court to nullify the appointments of two Sandiganbayan justices who are among those selected by President Benigno Aquino III to fill in new posts in the anti-graft court.
In its petition, the IBP, which is the national organization of lawyers in the Philippines and the mandatory bar association for Filipino lawyers, said Aquino committed culpable violation of the 1987 Constitution and grave abuse of discretion when he appointed Associate Justices Geraldine Faith Econg and Michael Frederick Musngi.
Joining the IBP in the petition were five judges and candidates who were shortlisted for one of the six posts but were not selected. They are: Philip Aguinaldo, Muntinlupa RTC Branch 207; Reynaldo Alhambra, Manila RTC Branch 53; Danilo Cruz, presiding judge of Pasig RTC Branch 152; Benjamin Pozon, presiding judge of Makati RTC Branch 139; and Salvador Timbang, presiding judge of Las Piñas RTC Branch 253.
The petitioners accused Aquino of violating Section 9, Article VII of the Constitution when he did not appoint anyone from the shortlist submitted by the Judicial and Bar Council (JBC) for the 16th associate justice post, and instead picked two appointees – Econg and Musngi – from the shortlist for the 21st associate justice post to fill in both the 16th and 21st posts.
“To date, no one from the shortlist submitted by the JBC to the Office of the President on 28 October 2015… has yet been appointed by President Aquino, who had until 26 January 2016. Hence, there is an obvious continuing violation of the Constitution in this case since,” read the petition.
The petitioning judges, who were all shortlisted for the 16th Sandiganbayan post, claimed they “suffered direct injury” when Aquino did not appoint anyone from their batch of shortlisted individuals.
The petitioners said no one among the appointees was taken from the shortlist for the vacancy for the 16th associate justice post. Instead, two nominees were appointed from the same shortlist where only one nominee should have been chosen.
“Since all the nominees submitted by the JBC for the 16th Associate Justice of the Sandiganbayan were by-passed, so to speak, no valid argument was made for said vacancy,” read the petition.
The petitioners said the Constitution does not grant Aquino the discretion to appoint beyond the nominees submitted in the shortlist.
The petitioners said giving Econg and Musngi salaries, benefits and other monetary consideration arising from their office would be “a waste and misuse of taxpayers’ money” because of the illegality and unconstitutionality of their appointment.
The petitioners asked the SC to issue a temporary restraining order enjoining Econg and Musngi from exercising and performing their duties and functions as associate justcies of the Sandiganbayan.
Apart from Aquino, Musngi and Econg, also named respondent were Executive Secretary Pacquito Ochoa and all the nominees for the 21st posts for Sandiganbayan associate justice, as well as Danilo Sandoval, presiding judge of Lipa, Batangas Regional Trial Court Branch 12 and their co-shortlisted nominee in the 16th Sandigan post.
Nominations and applications for the six newly created Sandiganbayan posts were opened by the Judicial BC in July 2015.
Interviews by the JBC were held last September 28, 29 and 30 and October 1, 2, 5, 6, 7 and 12 as part of the screening process.
The new posts were created under Republic Act 10660 or “An Act Strengthening the Functional and Structural Organization of theSandiganbayan,” which Aquino signed on April 16.
The law created two additional Sandiganbayan and brought to 21 the total number of sitting anti-graft justices. The six new justices will form the two additional divisions each having three members.
The Sandiganbayan used to have 15 justices, the most junior member being Associate Justice Sarah Jane Fernandez, who was appointed last May 2015 to replace dismissed senior magistrate Gregory Ong.
The Sandiganbayan, which resolves cases of corruption against government officials, originally had three divisions until it expanded to five divisions with three members each in March 1995.
The seven-member JBC is constitutionally mandated to screen applications for vacant posts in the judiciary and the Office of the Ombudsman and Deputy Ombudsman.
The council is currently chaired by Chief Justice Maria Lourdes Sereno, with ex-officio members – the Justice Secretary and a representative each from the Senate and the House of Representatives.
Completing the council are regular members retired Court of Appeals Associate Justice Aurora Lagman representing the private sector, lawyer Milagros Fernan-Cayosa representing the Integrated Bar of the Philippines, retired Supreme Court Justice Angelina Sandoval-Gutierrez, and Atty. Jose Mejia. (MNS)