JBC bars Devanadera, 2 others from SC race
By Aries Rufo, abs-cbnnews.com/Newsbreak | 12/08/2008 4:28 PM
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The reported frontrunner in the race to the Supreme Court has been barred by the Judicial and Bar Council due to a pending case before the Ombudsman.
Solicitor-General Agnes Devanadera, purportedly Malacanang’s choice to the SC, was disqualified because of her pending plunder case filed by then Ilocos Gov. Luis “Chavit” Singson in connection with the operation and management of Poro Point Special Economic and Freeport Zone in San Fernando, La Union.
This is the second time that Devanadera failed to make it to the JBC shortlist, also because of the pending plunder case filed in Oct. 2006.
Last week, Devanadera informed the JBC that Singson has filed a motion before the Ombudsman to exclude her from the plunder case since she was not yet the Solicitor-General then when the Poro Point controversy cropped up. The Ombudsman however has yet to act on Singson’s motion. We checked with the Ombudsman’s office and we were told that Devanadera’s case is still in the preliminary investigation stage.
Devanadera also asked the JBC to relax its rules in disqualifying candidates to the SC facing criminal and administrative cases. The disqualification is stated in Rule 4 Sec. 5 of the JBC rules. She argued that applicants like her from government service are exposed to harassment suits.
Two other aspirants, businessman Robles and former Bureau of Internal Revenue Commissioner Jose Bunag were also dropped from the race by the JBC.
Robles was disqualified due to the JBC rule 8.2 that non-career applicants or those outside of the judiciary should complete a five-year term in the SC. Robles is five months short of the requirement.
Robles’s case was similar to lawyer Rogelio Vinluan, who was also previously considered as a candidate to the SC. Robles's nomination was accepted by the JBC as conditional, on the behest of JBC member and Quezon City Rep. Matias Defensor.
In an interview, Defensor told abs-cbnnews.com/Newsbreak that the screening body felt it should not make an exception this time. “The JBC members thought they should stay close to the rules,” he said.
Bunag, for his part, was also disqualified due to pending administrative and criminal cases before the Sandiganbayan. The cases were filed by a BIR informer in connection with his fees for reporting tax evaders. Bunag had argued that the complainant had already died bu the Sandiganbayan has yet to dismiss the cases.
In a news conference, SC spokesman Midas Marquez said Devanadera and Bunag might still qualify if they can submit before Monday certifications that the cases have been dismissed. The JBC vots on Monday on who should make it to the short list to be submitted to the President. The new appointee will
take over the post to be vacated by retiring Justice Ruben Reyes.
The disqualification of Devanadera, Bunag and Robles whittles down to 11 those aspiring to the first Supreme Court vacancy in 2009. Three CA justices---Mariano del Castillo, Juan Enriquez and Martin Villarama Jr. also had pending cases before the SC Office of the Court Administrator but these are still in the preliminary investigation stage and were considered by the JBC as not a ground for their disqualification.
With Devanadera out of the running, at least for the meantime, the reported frontrunner is now Sandiganbayan presiding Justice Diosdado Peralta. His family is close to President Arroyo. He was one of the justices that convicted former President Estrada of plunder.
