Jardeleza vs. Sereno

Jardeleza vs.
Sereno
FACTS:
In 2014, incumbent Solicitor General Francis Jardeleza was nominated to

replace retiring Associate Justice Roberto Abad.
CJ Sereno manifested that she would be invoking Section 2, Rule 10 of JBC0094 regarding a question on Jardelezas integrity over his handling of an
international arbitration case for the government.
When Jardeleza appeared before the JBC, he was asked by CJ Sereno if he

wanted to defend himself against the integrity issues raised against him. He
answered that he would defend himself provided that due process would be
observed. Jardeleza specifically demanded that CJ Sereno and AJ Carpio
execute a sworn statement specifying their objections and that he be afforded
the right to cross-examine them in a public hearing. Finally, he requested the
JBC to defer its meeting considering that the Court En Banc would meet the
next day to act on his pending letter-petition. At this juncture, Jardeleza was
excused.
Later in the afternoon of the same day, and apparently denying Jardelezas
request for deferment of the proceedings, the JBC continued its deliberations
and proceeded to vote for the nominees to be included in the short list.
Thereafter, the JBC released the subject short list of four (4) nominees which
excluded Jardeleza.
Consequently, Jardeleza filed the present petition for certiorari and

mandamus with prayer for the issuance of a TRO, seeking to compel the
JBC to include him in the list of nominees.
ISSUE:
Does the Supreme Courts power of supervision over the JBC include the
remedies of certiorari and mandamus?
HELD:
YES, on the availability of certiorari. NO, on the availability of mandamus.
Article VIII, Section 1 provides that the judicial power is vested in one
Supreme Court and in such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable,
and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
In this case, Jardeleza cries that although he earned a qualifying number of

votes in the JBC, it was negated by the invocation of the unanimity rule on
integrity in violation of his right to due process guaranteed not only by the
Constitution but by the Councils own rules. For said reason, the Court is of
the position that it can exercise the expanded judicial power of review vested
upon it by the 1987 Constitution.
It has been judicially settled that a petition for certiorari is a proper

remedy to question the act of any branch or instrumentality of the
government on the ground of grave abuse of discretion amounting to

lack or excess of jurisdiction by any branch or instrumentality of the
government, even if the latter does not exercise judicial, quasi-judicial or
ministerial functions.
In a case like this, where constitutional bearings are too blatant to ignore, the
Court does not find passivity as an alternative. The impasse must be
overcome.
Mandamus, on the other hand, lies to compel the performance, when
refused, of a ministerial duty, but not to compel the performance of a

discretionary duty. Mandamus will not issue to control or review the exercise
of discretion of a public officer where the law imposes upon said public officer
the right and duty to exercise his judgment in reference to any matter in
which he is required to act. It is his judgment that is to be exercised and not
that of the court. There is no question that the JBCs duty to nominate is
discretionary and it may not be compelled to do something.
G.R. No. 213181.August 19, 2014.*

FRANCIS H. JARDELEZA, petitioner, vs. CHIEF JUSTICE MARIA LOURDES P.
A. SERENO, THE JUDICIAL AND BAR COUNCIL and EXECUTIVE
SECRETARY PAQUITO N. OCHOA, JR., respondents.
Constitutional Law; Judicial and Bar Council; Section 8, Article VIII of the 1987
Constitution provides for the creation of the Judicial and Bar Council (JBC). The
Supreme Court (SC) was given supervisory authority over it.Section 8, Article VIII
of the 1987 Constitution provides for the creation of the JBC. The Court was given
supervisory authority over it. Section 8 reads: Section8. A Judicial and Bar Council
is hereby created under the supervision of the Supreme Court composed of the
Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative
of the Congress as ex officio Members, a representative of the Integrated Bar, a
professor of law, a retired Member of the Supreme Court, and a representative of
the private sector.
_______________
* EN BANC.
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SUPREME COURT REPORTS ANNOTATED

Jardeleza vs. Sereno
Same; Same; Supervision; Supervision is the power of oversight, or the authority to

see that subordinate officers perform their duties.As a meaningful guidepost,
jurisprudence provides the definition and scope of supervision. It is the power of
oversight, or the authority to see that subordinate officers perform their duties. It
ensures that the laws and the rules governing the conduct of a government entity
are observed and complied with. Supervising officials see to it that rules are
followed, but they themselves do not lay down such rules, nor do they have the
discretion to modify or replace them. If the rules are not observed, they may order
the work done or redone, but only to conform to such rules. They may not prescribe
their own manner of execution of the act. They have no discretion on this matter
except to see to it that the rules are followed.
Remedial Law; Special Civil Actions; Mandamus; Mandamus lies to compel the
performance, when refused, of a ministerial duty, but not to compel the performance
of a discretionary duty; There is no question that the Judicial and Bar Councils
(JBCs) duty to nominate is discretionary and it may not be compelled to do
something.The Court agrees with the JBC that a writ of mandamus is not
available. Mandamus lies to compel the performance, when refused, of a ministerial
duty, but not to compel the performance of a discretionary duty. Mandamus will not
issue to control or review the exercise of discretion of a public officer where the law
imposes upon said public officer the right and duty to exercise his judgment in
reference to any matter in which he is required to act. It is his judgment that is to
be exercised and not that of the court. There is no question that the JBCs duty to
nominate is discretionary and it may not be compelled to do something.
Same; Same; Certiorari; Under Section 1 of Rule 65, a writ of certiorari is directed
against a tribunal exercising judicial or quasi-judicial function.Respondent JBC
opposed the petition for certiorari on the ground that it does not exercise judicial or
quasi-judicial functions. Under Section 1 of Rule 65, a writ of certiorari is directed
against a tribunal exercising judicial or quasi-judicial function. Judicial functions
are exercised by a body or officer clothed with authority to determine what the law
is and what the legal rights of the parties are with respect to the matter in
controversy. Quasi-judicial function is a term that applies to the action or discretion
of public administrative officers or bodies given the authority to inves-
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tigate facts or ascertain the existence of facts, hold hearings, and draw conclusions
from them as a basis for their official action using discretion of a judicial nature. It
asserts that in the performance of its function of recommending appointees for the
judiciary, the JBC does not exercise judicial or quasi-judicial functions. Hence, the
resort to such remedy to question its actions is improper.
Same; Same; Same; It has been judicially settled that a petition for certiorari is a
proper remedy to question the act of any branch or instrumentality of the government
on the ground of grave abuse of discretion amounting to lack or excess of jurisdiction
by any branch or instrumentality of the government, even if the latter does not
exercise judicial, quasi-judicial or ministerial functions.It has been judicially
settled that a petition for certiorari is a proper remedy to question the act of any
branch or instrumentality of the government on the ground of grave abuse of
discretion amounting to lack or excess of jurisdiction by any branch or
instrumentality of the government, even if the latter does not exercise judicial,
quasi-judicial or ministerial functions. In a case like this, where constitutional
bearings are too blatant to ignore, the Court does not find passivity as an
alternative. The impasse must be overcome.
Judicial and Bar Council; Judges; The Judicial and Bar Council (JBC) has been
tasked to screen aspiring judges and justices, among others, making certain that the
nominees submitted to the President are all qualified and suitably best for
appointment.The purpose of the JBCs existence is indubitably rooted in the
categorical constitutional declaration that [a] member of the judiciary must be a
person of proven competence, integrity, probity, and independence. To ensure the
fulfillment of these standards in every member of the Judiciary, the JBC has been
tasked to screen aspiring judges and justices, among others, making certain that the
nominees submitted to the President are all qualified and suitably best for
appointment. In this way, the appointing process itself is shielded from the
possibility of extending judicial appointment to the undeserving and mediocre and,
more importantly, to the ineligible or disqualified.
Same; Same; The Judicial and Bar Council (JBC) may even conduct a discreet
background check and receive feedback from the public on the integrity, reputation
and character of the applicant, the merits of which shall be verified and checked.As
disclosed by the
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guidelines and lists of recognized evidence of qualification laid down in JBC-009,

integrity is closely related to, or if not, approximately equated to an applicants
good reputation for honesty, incorruptibility, irreproachable conduct, and fidelity to
sound moral and ethical standards. That is why proof of an applicants
reputation may be shown in certifications or testimonials from reputable
government officials and nongovernmental organizations and clearances from the
courts, National Bureau of Investigation, and the police, among others. In fact, the
JBC may even conduct a discreet background check and receive feedback from the
public on the integrity, reputation and character of the applicant, the merits of
which shall be verified and checked. As a qualification, the term is taken to refer to
a virtue, such that, integrity is the quality of persons character.
Same; Same; Unanimity Rule; The unanimity rule only comes into operation when
the moral character of a person is put in issue. It finds no application where the
question is essentially unrelated to an applicants moral uprightness.Does Rule 2,
Section 10 of JBC-009, in imposing the unanimity rule, contemplate a doubt on
the moral character of an applicant? Section 2, Rule 10 of JBC-009 provides: SEC. 2.
Votes required when integrity of a qualified applicant is challenged.In every case
where the integrity of an applicant who is not otherwise disqualified for nomination
is raised or challenged, the affirmative vote of all the Members of the Council must
be obtained for the favorable consideration of his nomination. A simple reading of
the above provision undoubtedly elicits the rule that a higher voting requirement is
absolute in cases where the integrity of an applicant is questioned. Simply put,
when an integrity question arises, the voting requirement for his or her inclusion as
a nominee to a judicial post becomes unanimous instead of the majority vote
required in the preceding section. Considering that JBC-009 employs the term
integrity as an essential qualification for appointment, and its doubtful existence
in a person merits a higher hurdle to surpass, that is, the unanimous vote of all the
members of the JBC, the Court is of the safe conclusion that integrity as used in
the rules must be interpreted uniformly. Hence, Section 2, Rule 10 of JBC-009
envisions only a situation where an applicants moral fitness is challenged. It follows
then that the unanimity rule only comes into operation when the moral character
of a person is put in issue. It finds no application where the question is essentially
unrelated to an applicants moral uprightness.
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Attorneys; A lawyer has complete discretion on what legal strategy to employ in a
case entrusted to him provided that he lives up to his duty to serve his client with
competence and diligence, and that he exert his best efforts to protect the interests of
his client within the bounds of the law.Verily, disagreement in legal opinion is but
a normal, if not an essential form of, interaction among members of the legal
community. A lawyer has complete discretion on what legal strategy to employ in a
case entrusted to him provided that he lives up to his duty to serve his client with
competence and diligence, and that he exert his best efforts to protect the interests
of his client within the bounds of the law. Consonantly, a lawyer is not an insurer of
victory for clients he represents. An infallible grasp of legal principles and
technique by a lawyer is a utopian ideal. Stripped of a clear showing of gross
neglect, iniquity, or immoral purpose, a strategy of a legal mind remains a legal
tactic acceptable to some and deplorable to others. It has no direct bearing on his
moral choices.
Judicial and Bar Council; Judges; Unanimity Rule; To fall under Section 2, Rule 10
of Judicial and Bar Council (JBC)-009, there must be a showing that the act
complained of is, at the least, linked to the moral character of the person and not to
his judgment as a professional.The Court notes the zeal shown by the Chief
Justice regarding international cases, given her participation in the PIATCO case
and the Belgian Dredging case. Her efforts in the determination of Jardelezas
professional background, while commendable, have not produced a patent
demonstration of a connection between the act complained of and his integrity as a
person. Nonetheless, the Court cannot consider her invocation of Section 2, Rule 10
of JBC-009 as conformably within the contemplation of the rule. To fall under
Section 2, Rule 10 of JBC-009, there must be a showing that the act complained of
is, at the least, linked to the moral character of the person and not to his judgment
as a professional. What this disposition perceives, therefore, is the inapplicability of
Section 2, Rule 10 of JBC-009 to the original ground of its invocation.
Attorneys; Legal Ethics; Judges; Immorality; A lawyer who engages in extra-marital

affairs is deemed to have failed to adhere to the exacting standards of morality and
decency which every member of the Judiciary is expected to observe. In fact, even
relationships which have never gone physical or intimate could still be subject to
charges of immorality, when a lawyer, who is married, admits to
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having a relationship which was more than professional, more than

acquaintanceship, more than friendly.Unlike the first ground which centered on
Jardelezas stance on the tactical approach in pursuing the case for the government,
the claims of an illicit relationship and acts of insider trading bear a candid relation
to his moral character. Jurisprudence is replete with cases where a lawyers
deliberate participation in extra-marital affairs was considered as a disgraceful
stain on ones ethical and moral principles. The bottom line is that a lawyer who
engages in extra-marital affairs is deemed to have failed to adhere to the exacting
standards of morality and decency which every member of the Judiciary is expected
to observe. In fact, even relationships which have never gone physical or intimate
could still be subject to charges of immorality, when a lawyer, who is married,
admits to having a relationship which was more than professional, more than
acquaintanceship, more than friendly. As the Court has held: Immorality has not
been confined to sexual matters, but includes conduct inconsistent with rectitude, or
indicative of corruption, indecency, depravity and dissoluteness; or is willful,
flagrant, or shameless conduct showing moral indifference to opinions of respectable
members of the community and an inconsiderate attitude toward good order and
public welfare. Moral character is not a subjective term but one that corresponds to
objective reality. To have a good moral character, a person must have the personal
characteristic of being good. It is not enough that he or she has a good reputation,
that is, the opinion generally entertained about a person or the estimate in which he
or she is held by the public in the place where she is known. Hence, lawyers are at
all times subject to the watchful public eye and community approbation.
Same; Same; Same; Insider Trading; Insider trading involves the trading of
securities based on knowledge of material information not disclosed to the public at
the time.Insider trading is an offense that assaults the integrity of our vital
securities market. Manipulative devices and deceptive practices, including insider
trading, throw a monkey wrench right into the heart of the securities industry.
When someone trades in the market with unfair advantage in the form of highly
valuable secret inside information, all other participants are defrauded. All of the
mechanisms become worthless. Given enough of stock market scandals coupled with
the related loss of faith in the market, such abuses could presage a severe drain of
capital. And investors would eventually feel more secure with their
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money invested elsewhere. In its barest essence, insider trading involves the trading
of securities based on knowledge of material information not disclosed to the public
at the time. Clearly, an allegation of insider trading involves the propensity of a
person to engage in fraudulent activities that may speak of his moral character.
Judicial and Bar Council; The Judicial and Bar Council (JBC), as a body, is not
required by law to hold hearings on the qualifications of the nominees.The JBC, as
a body, is not required by law to hold hearings on the qualifications of the nominees.
The process by which an objection is made based on Section 2, Rule 10 of JBC-009 is
not judicial, quasi-judicial, or fact-finding, for it does not aim to determine guilt or
innocence akin to a criminal or administrative offense but to ascertain the fitness of
an applicant vis--vis the requirements for the position. Being sui generis, the
proceedings of the JBC do not confer the rights insisted upon by Jardeleza. He may
not exact the application of rules of procedure which are, at the most, discretionary
or optional. Finally, Jardeleza refused to shed light on the objections against him.
During the June 30, 2014 meeting, he did not address the issues, but instead chose
to tread on his view that the Chief Justice had unjustifiably become his accuser,
prosecutor and judge.
Attorneys; It is well-established in jurisprudence that disciplinary proceedings
against lawyers are sui generis in that they are neither purely civil nor purely
criminal; they involve investigations by the Supreme Court (SC) into the conduct of
one of its officers, not the trial of an action or a suit.The fact that a proceeding is
sui generis and is impressed with discretion, however, does not automatically
denigrate an applicants entitlement to due process. It is well-established in
jurisprudence that disciplinary proceedings against lawyers are sui generis in that
they are neither purely civil nor purely criminal; they involve investigations by the
Court into the conduct of one of its officers, not the trial of an action or a suit.
Hence, in the exercise of its disciplinary powers, the Court merely calls upon a
member of the Bar to account for his actuations as an officer of the Court with the
end in view of preserving the purity of the legal profession and the proper and
honest administration of justice by purging the profession of members who, by their

misconduct, have proved themselves no longer worthy to be entrusted with the
duties and responsibilities pertaining to the office of an attorney.
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In such posture, there can be no occasion to speak of a complainant or a prosecutor.

On the whole, disciplinary proceedings are actually aimed to verify and finally
determine, if a lawyer charged is still qualified to benefit from the rights and
privileges that membership in the legal profession evoke.
Judicial and Bar Council; Judges; The Supreme Court (SC) subscribes to the view
that in cases where an objection to an applicants qualifications is raised, the
observance of due process neither negates nor renders illusory the fulfillment of the
duty of Judicial and Bar Council (JBC) to recommend.Notwithstanding being a
class of its own, the right to be heard and to explain ones self is availing. The
Court subscribes to the view that in cases where an objection to an applicants
qualifications is raised, the observance of due process neither negates nor renders
illusory the fulfillment of the duty of JBC to recommend. This holding is not an
encroachment on its discretion in the nomination process. Actually, its adherence to
the precepts of due process supports and enriches the exercise of its discretion.
When an applicant, who vehemently denies the truth of the objections, is afforded
the chance to protest, the JBC is presented with a clearer understanding of the
situation it faces, thereby guarding the body from making an unsound and
capricious assessment of information brought before it. The JBC is not expected to
strictly apply the rules of evidence in its assessment of an objection against an
applicant. Just the same, to hear the side of the person challenged complies with the
dictates of fairness for the only test that an exercise of discretion must surmount is
that of soundness.
Same; Same; The Judicial and Bar Council (JBC) has the discretion to hold or not
to hold a hearing when an objection to an applicants integrity is raised and that it
may resort to other means to accomplish its objective.The conduct of a hearing
under Rule 4 of JBC-009 is permissive and/or discretionary on the part of the JBC.
Even the conduct of a hearing to determine the veracity of an opposition is
discretionary for there are ways, besides a hearing, to ascertain the truth or falsity
of allegations. Succinctly, this argument suggests that the JBC has the discretion to
hold or not to hold a hearing when an objection to an applicants integrity is raised

and that it may resort to other means to accomplish its objective. Nevertheless, JBC
adds, what is mandatory, however, is that if the JBC, in its discretion, receives a
testimony of an oppositor in a hearing,
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due notice shall be given to the applicant and that shall be allowed to cross-examine
the oppositor.
Same; Same; Any complaint or opposition against a candidate may be filed with the
Secretary within ten (10) days from the publication of the notice and a list of
candidates.As threshed out beforehand, due process, as a constitutional precept,
does not always and in all situations require a trial-type proceeding. Due process is
satisfied when a person is notified of the charge against him and given an
opportunity to explain or defend himself. Even as Jardeleza was verbally informed
of the invocation of Section 2, Rule 10 of JBC-009 against him and was later asked
to explain himself during the meeting, these circumstances still cannot expunge an
immense perplexity that lingers in the mind of the Court. What is to become of the
procedure laid down in JBC-010 if the same would be treated with indifference and
disregard? To repeat, as its wording provides, any complaint or opposition against a
candidate may be filed with the Secretary within ten (10) days from the publication
of the notice and a list of candidates. Surely, this notice is all the more conspicuous
to JBC members. Granting ex argumenti, that the 10-day period is only applicable to
the public, excluding the JBC members themselves, this does not discount the fact
that the invocation of the first ground in the June 5, 2014 meeting would have
raised procedural issues. To be fair, several members of the Council expressed their
concern and desire to hear out Jardeleza but the application of JBC-010 did not
form part of the agenda then. It was only during the next meeting on June 16, 2014,
that the Council agreed to invite Jardeleza, by telephone, to a meeting that would
be held on the same day when a resource person would shed light on the matter.
Due Process; In criminal and administrative cases, the violation of a partys right to
due process raises a serious jurisdictional issue which cannot be glossed over or
disregarded at will.In criminal and administrative cases, the violation of a partys
right to due process raises a serious jurisdictional issue which cannot be glossed
over or disregarded at will. Where the denial of the fundamental right of due
process is apparent, a decision rendered in disregard of that right is void for lack of
jurisdiction. This rule may well be applied to the current situation for an opposing
view submits to an undue relaxation of the Bill of Rights. To this, the Court shall
not concede. As the branch of government tasked to guarantee that the
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protection of due process is available to an individual in proper cases, the Court

finds the subject short list as tainted with a vice that it is assigned to guard against.
Indeed, the invocation of Section 2, Rule 10 of JBC-009 must be deemed to have
never come into operation in light of its erroneous application on the original
ground against Jardelezas integrity. At the risk of being repetitive, the Court
upholds the JBCs discretion in the selection of nominees, but its application of the
unanimity rule must be applied in conjunction with Section 2, Rule 10 of JBC-010
being invoked by Jardeleza. Having been able to secure four (4) out of six (6) votes,
the only conclusion left to propound is that a majority of the members of the JBC,
nonetheless, found Jardeleza to be qualified for the position of Associate Justice and
this grants him a rightful spot in the short list submitted to the President.
Leonardo-De Castro,J., Concurring Opinion:
Remedial Law; Special Civil Actions; Certiorari; View that while I may agree with
the Judicial and Bar Councils (JBCs) proposition that mandamus cannot be
availed of to compel the performance of a discretionary act, it is already settled that a
petition for certiorari is nonetheless a proper remedy to question, on the ground of
grave abuse of discretion, the act of any branch or instrumentality of government,
regardless of the nature of its functions.While I may agree with the JBCs
proposition that mandamus cannot be availed of to compel the performance of a
discretionary act, it is already settled that a petition for certiorari is nonetheless a
proper remedy to question, on the ground of grave abuse of discretion, the act of any
branch or instrumentality of government, regardless of the nature of its functions.
The most recent articulation of this doctrine can be found in Araullo v. Aquino III,
728 SCRA 1 (2014), where we held: [T]he remedies of certiorari and prohibition are
necessarily broader in scope and reach, and the writ of certiorari or prohibition may
be issued to correct errors of jurisdiction committed not only by a tribunal,
corporation, board or officer exercising judicial, quasi-judicial or ministerial
functions but also to set right, undo and restrain any act of grave abuse of discretion
amounting to lack or excess of jurisdiction by any branch or instrumentality of the
Government, even if the latter does not exercise judicial, quasi-judicial or ministerial
functions. This application is expressly authorized by the text of the second
paragraph of Section 1 [Article VIII of the Constitution].
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Judicial and Bar Council; View that the Judicial and Bar Councils (JBCs)
functions are not judicial such that a formal, trial-type of hearing would be not be
required in the discharge of its duties.I am willing to grant that the JBCs
functions are not judicial such that a formal, trial-type of hearing would be not be
required in the discharge of its duties. However, even in administrative or nonformal
types of proceedings, there are minimum requirements that must be met to protect
the due process rights of the persons subjected to an investigation, or in this case,
an inquiry into their qualifications for judicial office. We have held that in
administrative proceedings, the filing of charges and giving reasonable
opportunity for the person so charged to answer the accusations against
him constitute the minimum requirements of due process. The Court has also
previously stated that the observance of fairness in the conduct of any investigation
is at the very heart of procedural due process.
Same; Judges; Constitutional Law; View that as mandated by the Constitution, a
Member of the Supreme Court (SC) must be a natural-born Filipino, at least forty
(40) years of age, and must have been for fifteen (15) years or more a judge of a lower
court or engaged in the practice of law in the Philippines.As mandated by the
Constitution, a Member of the Supreme Court must be a natural-born Filipino, at
least forty years of age, and must have been for fifteen years or more a judge of a
lower court or engaged in the practice of law in the Philippines. In addition to these
basic qualifications, all members of the Judiciary must be persons of proven
competence, integrity, probity, and independence. In order to ensure that a
candidate to a judicial position has the foregoing qualifications, the JBC set forth
the evidence that it may receive for each type of qualification. Rule 3 of JBC-009
deals with how the JBC shall determine the competence of applicants in terms of
education, experience and performance. Rule 4 of JBC-009 involves guidelines on
evaluating an applicants integrity. Rule 5 and Rule 6 of JBC-009 provide for proof
that may be considered for demonstrating an applicants probity/independence and
his or her soundness of physical, mental, and emotional condition.
Same; Same; View that under Section 1, Rule 7 of Judicial and Bar Council (JBC)009, the JBC En Banc or any panel of its members shall conduct personal interviews
of candidates for positions in
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the Judiciary and certain positions in the Office of the Ombudsman. In the case of
positions in the Supreme Court (SC), the Court of Appeals (CA), the Sandiganbayan,
and the Ombudsman, the interviews shall be conducted in public.Under Section 1,
Rule 7 of JBC-009, the JBC En Banc or any panel of its members shall conduct
personal interviews of candidates for positions in the Judiciary and certain
positions in the Office of the Ombudsman. In the case of positions in the Supreme
Court, the Court of Appeals, the Sandiganbayan, and the Ombudsman, the
interviews shall be conducted in public. In order to promote transparency and
public awareness of JBC proceedings in relation to its function of recommending
appointees to the Judiciary and to the positions of Ombudsman and Deputy
Ombudsman and pursuant to Section 1, Rule 7 of JBC-009, the JBC issued JBC-10
which contain the procedure for submission and evaluation of complaints or
oppositions against a candidate.
Same; Same; View that under Judicial and Bar Council (JBC)-10, it is mandatory
that any opposition on whatever ground, including integrity questions, must be in
writing and under oath.JBC-10 requires that names of the candidates be
published and the public is informed of the deadline to file written and sworn
oppositions to the candidates so named for consideration. Under JBC-10, it is
mandatory that any opposition on whatever ground, including integrity questions,
must be in writing and under oath. The candidate is given a copy of the opposition
and a period of five days within which to respond, if he so wishes. There are
deadlines for the filing of oppositions and the answers thereto for it is apparent on
the face of JBC-10 that all submissions must be done before the interview which is a
second opportunity for a candidate to address all complaints or oppositions against
him in a public proceeding which shall be recorded in writing.
Same; Same; View that a written complaint/opposition not only informs the
candidate of the charges against him but more importantly, it limits the issues that
he needs to answer to those stated in the complaint/opposition.It is not difficult to
glean why JBC-10 requires the complaint or opposition to be in writing. A written
complaint/opposition not only informs the candidate of the charges against him but
more importantly, it limits the issues that he needs to answer to those stated in the
complaint/opposition. This prior delimitation of issues is crucial to due process
such that, at the
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public interview or any subsequent hearing to be conducted, the candidate will not
be surprised by any new matter for which he has not been given an adequate
opportunity to prepare his defense. The complaint must also be under oath not only
to protect the candidate from untruthful charges but also to avoid wasting the JBCs
time investigating and evaluating frivolous complaints. It is presumed that only
those who have meritorious complaints will file sworn statements as the threat of
opening themselves to a charge of perjury would be sufficient deterrent to nuisance
filings.
Same; Same; View that a candidate for a judicial position does not lose his
constitutionally guaranteed right to due process simply because the oppositor to his
candidacy is the Chair or a member of the Judicial and Bar Council (JBC).To be
sure, there is no legal or logical reason to exempt an oppositor who also happens to
be a member of the JBC from the requirement of setting forth his or her opposition
to a candidate in writing and under oath within the time limit given to the general
public and to give such candidate a fair period to respond to the opposition in
writing or during his public interview as provided for in JBC-10. A candidate for a
judicial position does not lose his constitutionally guaranteed right to due process
simply because the oppositor to his candidacy is the Chair or a member of the JBC.
Moreover, if the JBC sees fit to exempt one of its own from the application of its
published rules of procedure, it becomes susceptible to an accusation of abuse of
power or arbitrary exercise of discretion.
Same; Same; View that while it is not mandatory that the candidate be given the
right to cross-examine a witness (that is, a witness other than the oppositor since
Section 3, Rule 4 of Judicial and Bar Council JBC-009 expressly grants the
candidate the right to cross-examine an oppositor), there must be an official and
accurate account of that witnesss testimony which should be disclosed to the
candidate.Moving on to another point, it is true that it is discretionary on the part
of the JBC to hear testimony on a complaint against a candidate but having decided
to hear such testimony, procedural due process demands that the candidate at least
be present to hear the substance of that testimony and for that testimony to be
made part of the record. While it is not mandatory that the candidate be given the
right to cross-examine a witness (that is, a witness other than the oppositor since
Section 3, Rule 4 of JBC-009 expressly grants the
292

candidate the right to cross-examine an oppositor), there must be an official and

accurate account of that witnesss testimony which should be disclosed to the
candidate. This disclosure should likewise be made prior to the opportunity to be
heard that will be accorded to the candidate, in this case prior to the session on
June 30.
Constitutional Law; Due Process; View that an individuals constitutional right to
due process cannot be sacrificed in the name of confidentiality.If the subject matter
of the opposition against a candidate involves information of a highly confidential
nature and divulging the privileged matter could not be avoided, would that justify
dispensing with written notices, submissions and accurate records of the
proceedings? The answer should be a resounding no. An individuals constitutional
right to due process cannot be sacrificed in the name of confidentiality. The JBC
should still require a written complaint and allow the candidate reasonable time to
submit a written answer if he so wishes or allow him to be heard orally at a hearing
for which accurate records should be kept but all submissions and records of
the proceedings shall be treated with the utmost confidentiality.
Same; Judicial and Bar Council; Judges; View that the Judicial and Bar Council
(JBC) was created under the Constitution as an independent body tasked with the
delicate function of vetting the qualifications of applicants to judicial positions,
among others.The JBC seems oblivious to the conflict of interest situation that
arises when the oppositor under Section 2, Rule 10 is a member of the JBC. The
JBC was created under the Constitution as an independent body tasked with the
delicate function of vetting the qualifications of applicants to judicial positions,
among others. Although I agree with the JBC that this function cannot exactly be
termed judicial or quasi-judicial, I take exception to the proposition that the Council
is not engaged in fact-finding or that it need not determine the truth or falsity of an
opposition against a candidate. If that is so, why does it even require objectors to
swear to their opposition and submit supporting evidence? In this regard, JBC
members do function similarly to impartial investigators or fact-finders who are
supposed to make an unbiased recommendation on the fitness of a candidate for

judicial office to the President based on a determination of relevant facts.
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Judicial and Bar Council; Judges; View that as a matter of practice, when the
Judicial and Bar Council (JBC) submits the short list to the President the
candidates are ranked by the number of votes that they gathered during the
deliberation.As a matter of practice, when the JBC submits the short list to the
President the candidates are ranked by the number of votes that they gathered
during the deliberation. This ranking is meant to indicate the strength of the JBCs
recommendation for each candidate in relation to the others on the list. The JBC
contends that, when petitioners integrity was challenged and the JBC Memberoppositor inhibited from the voting on his candidacy, he should have gotten the
affirmative vote of all five remaining JBC Members eligible to vote on his candidacy.
Now, suppose he did get the unanimous vote of the non-objectors. In theory, that
would be a perfect score.
Same; Same; View that that petitioner was disloyal to the Republic is not a fact; it
is but an opinion or conclusion, which should have been supported with facts, that is,
documentary evidence and sworn testimonies or affidavits from witnesses with
personal knowledge of the matter involved.That petitioner was disloyal to the
Republic is not a fact; it is but an opinion or conclusion, which should have been
supported with facts, that is, documentary evidence and sworn testimonies or
affidavits from witnesses with personal knowledge of the matter involved. The Chief
Justice could not possibly have personal knowledge of the internal deliberations and
discussions in the Executive department regarding the aforesaid international case
because if she does then I would fear the erosion of the separation of powers in our
government. Secretary De Lima, who is part of the Cabinet, would even state that
she was not clear when and how the strategy complained of by the Chief Justice
happened and if this was the petitioners idea. More importantly, Secretary De Lima
did not question petitioners integrity and voted for his inclusion in the short list.
Neither is there anything on record to independently corroborate the morality issue
or the stock transaction issue which were allegedly reported to the Chief Justice.
Remedial Law; Evidence; Hearsay Evidence Rule; View that every law student knows
that matters attested to by a person with no personal knowledge of the same shall be
deemed hearsay which has no probative value.Every law student knows that
matters attested to by a person with no personal knowledge of the same shall be
294

deemed hearsay which has no probative value. The Court held in Jose v. Angeles,
708 SCRA 506 (2013): Evidence is hearsay when its probative force depends on the
competency and credibility of some persons other than the witness by whom it is
sought to be produced. The exclusion of hearsay evidence is anchored on three
reasons: (1) absence of cross-examination; (2) absence of demeanor evidence; and (3)
absence of oath. Basic under the rules of evidence is that a witness can only testify
on facts within his or her personal knowledge. This personal knowledge is a
substantive prerequisite in accepting testimonial evidence establishing the truth of
a disputed fact. Corollarily, a document offered as proof of its contents has to be
authenticated in the manner provided in the rules, that is, by the person with
personal knowledge of the facts stated in the document. (Citations omitted) Hearsay,
whomever the source, is still hearsay.
Judicial and Bar Council; Judges; View that as an independent, constitutional
screening body that is held in high regard by the public, the Judicial and Bar
Council (JBC) should base its determination that a candidate does not have the
requisite integrity to hold judicial office on something more than speculation, rumor
or unverified report.I fully agree with Justice Brion that although the JBC rules
allow the JBC to undertake a discreet background check, if such an investigation
yields a matter that may be subject of an opposition then such opposition should be
in writing. Reliance on informal complaints reaching the ears of JBC Members
cannot be deemed sufficient compliance with due process, especially when the
nature of the complaint may trigger an application of Section 2, Rule 10 of JBC-009
that would set one candidate apart from the others in terms of the required vote to
be included in the short list. Hard-earned reputations may likewise be summarily
destroyed by a public announcement that a candidate for judicial office who
otherwise garnered a majority vote was excluded from the short list by the JBC on
the ground of lack of integrity. As an independent, constitutional screening body
that is held in high regard by the public, the JBC should base its determination that
a candidate does not have the requisite integrity to hold judicial office on something
more than speculation, rumor or unverified report.
Same; Same; View that the Judicial and Bar Council (JBC) should categorically
decide by majority vote on the existence of a substantial integrity issue which will
warrant the application of
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Section 2, Rule 10 to a particular candidate.After an integrity challenge has been
made in compliance with the procedural requirements under JBC-10, the JBC
should take a preliminary vote on whether such challenge to a candidate truly
involved a question of integrity based on each Council members appreciation of the
material facts and they must determine if the issue is substantial enough to require
application of Section 2, Rule 10 of JBC-009. The JBC should not rely on the
oppositors characterization of his own objection as an integrity question as what
happened in this case. The JBC should categorically decide by majority vote on the
existence of a substantial integrity issue which will warrant the application of
Section 2, Rule 10 to a particular candidate. Only then should the JBC vote on the
nominations of the candidates to determine who will be short listed. Before the
second voting, it should be clear to the JBC how many votes each candidate should
garner to be nominated. In view of the highly prejudicial effect of an integrity
challenge to a candidate, my proposed two-step voting procedure will ensure
that a majority vote is first reached on the existence of the integrity issue before the
JBC will require a unanimous vote on the fitness of a specific candidate for
nomination. During the second voting, each JBC Member is put on notice that if he
or she does not vote for that candidates nomination it will mean exclusion of that
candidate from the short list for lack of a unanimous vote. The second vote will
clearly evince the intent of the nonvoting member(s) to so exclude a candidate.
Through this procedure, the JBC can avoid the pernicious situation of a minority
being able to prejudice a candidates application on their mere manifestation that
they are invoking Section 2, Rule 10 on an integrity question.
Same; Same; View that the Presidents exercise of his power to fill a vacancy in the
Supreme Court (SC) within the deadline is a constitutional mandate that may not be
enjoined by any court.I concur with the JBC that the Presidents exercise of his
power to fill a vacancy in this Court within the deadline is a constitutional mandate
that may not be enjoined by any court. In any event, petitioners prayer for a
temporary restraining order would be rendered moot and academic by the Courts
disposition of this case on the merits, whether favorably or unfavorably.
296

Brion,J.,Separate Concurring Opinion:

Judicial and Bar Council; View that the Judicial and Bar Council (JBC) dwelt with
matters that Jardeleza could no longer controvert in this case without risking the
lapse of the presidential time limit on appointments to the Supreme Court (SC).To
top all the above characteristics and to Jardelezas great prejudice, the JBC
dwelt with matters that Jardeleza could no longer controvert in this case without
risking the lapse of the presidential time limit on appointments to the Supreme
Court. Additionally, the terms of this Supplemental Comment are, on their faces,
sickening as they are no less than daggers used in a character assassination made
in the guise of a Supplemental Comment. Expressly, it alleged that Jardeleza had
been disloyal to the country. The Supplemental Comment also laid bare aspects
of the government arbitration case that no responsible government official,
more so if she is Chief Justice, would so openly discuss. To be sure, to be called
disloyal to ones country is no laughing matter that one can easily brush aside and
forget. At the very least, it is a career-killer, not to mention the personal stigma it
leaves on ones person, family and all past accomplishments. What elevates this
charge to the level of malice is that it appears to have been purposely timed to be
embodied in the Supplemental Comment at the stage of the case when it could no
longer be refuted. Those who have read Shakespeares Julius Caesar can readily
appreciate that Jardeleza can now very rightly say: Et tu, Chief Justice who
should be the chief guardian of peoples personal rights through the due
process clause?
Same; View that the Judiciary has no business passing judgment, however
informally, on internal developments within the Executive Department, a coordinate
and coequal branch, unless the developments are facts in issue in a case.I do not
share, too, CJ Serenos view that we can discuss and be judgmental about a matter
that wholly lies within Executive domain and whose public discussion at this point
may work to the prejudice and detriment of the country. The Judiciary has no
business passing judgment, however informally, on internal developments within
the Executive Department, a coordinate and coequal branch, unless the

developments are facts in issue in a case. Even in the latter case, we should
particularly be careful in our actions when these actions may possibly entail risk to
the national interests. If the Chief Justice is adventurous
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enough to take such risks, then this Opinion and like actions from individual
Justices of this Court, will at least signal to the Executive and to the nation that
the Court itself as an institution does not share the Chief Justices views. If
indeed she had an awareness of the sensitivity of the matters brought up to the
level of the JBC, she should have taken measures and safeguards to ensure their
confidentiality, or, must have at least consulted with the offices concerned on how
best to handle possible national interest concerns. Ironically, as events in this case
unfolded, she even initiated the full exposition in the Supplemental Comment of
matters that may possibly involve national interest risks.
Due Process; View that from the perspective of strict legality, J. Lagmans phone call
and invitation to Jardeleza on June 16 and 17, 2014, cannot therefore serve as a
notice sufficient for due process purposes.From the perspective of strict legality, J.
Lagmans phone call and invitation to Jardeleza on June 16 and 17, 2014, cannot
therefore serve as a notice sufficient for due process purposes. Jardeleza was invited
to come and was only generally informed that there would be an objection against
his integrity. As further discussed below, despite his subsequent June 24, 2014
letter to the Court and to CJ Sereno, he was not informed of the details of the
objection and was more in the dark rather than informed and enlightened,
when he attended the June 30, 2014 JBC meeting.
Judicial and Bar Council; View that supervising officials merely see to it that the
rules are followed, but they themselves do not lay down these rules, nor do they have
the discretion to modify or replace them.The JBC functions as a collegial body that
recommends to the President a short list of nominees for vacant judicial positions,
from which list the President then chooses his appointee. It is a constitutional body
created under the 1987 Constitution to replace the highly-political process of
judicial appointments in the past, and was meant to make the selection process
more competence-based. It also seeks to shield the judiciary from political pressure
from the other branches of government. To partly quote the wording of the
Constitution, Article VIII, Section 8(1) and (5) provide that A Judicial and Bar
Council is hereby created under the supervision of the Supreme Court It may
exercise such other functions and duties as the Supreme Court may assign to it.
Supervision, as a legal concept, has been defined as the power of oversight, or
the
298

authority to see that subordinate officers perform their duties. It involves ensuring
that the law or the rules governing the conduct of a government body or subordinate
officer are followed. Supervising officials merely see to it that the rules are followed,
but they themselves do not lay down these rules, nor do they have the discretion to
modify or replace them. If the rules are not observed, they may order the work done
or redone, but only to conform to the rules.
Constitutional Law; Judiciary; Jurisdiction; Certiorari; View that the present
Constitution not only integrates the traditional definition of judicial power, but
introduces as well a completely new expanded power to the Judiciary under the last
phrase to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.As I have noted in several cases in the past,
the 1987 Constitution granted the Court an expanded jurisdiction to determine
whether grave abuse of discretion had been committed by a government agency or
instrumentality, viz.: Section 1. The judicial power shall be vested in one Supreme
Court and in such lower courts as may be established by law. Judicial power
includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether or
not there has been a grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality of the Government.
Under these terms, the present Constitution not only integrates the traditional
definition of judicial power, but introduces as well a completely new
expanded power to the Judiciary under the last phrase to determine whether
or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the Government.
Under this expanded judicial power, justiciability expressly and textually depends
only on the presence or absence of grave abuse of discretion, as distinguished from a
situation where the issue of constitutional validity is raised within a traditionally
justiciable case which demands that the requirement of actual controversy based on
specific legal rights must exist. Notably, even if the requirements under the
traditional definition of judicial power are applied, these requisites are complied
with once grave abuse of discretion is prima facie shown to have taken place. The
presence
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or absence of grave abuse of discretion is the justiciable issue to be resolved.
Same; Same; Same; Same; New Code of Conduct for Judicial Officials in the
Philippine Judiciary; View that through its practices, the Supreme Court (SC) has
allowed the use of certiorari as a remedy to invoke the Courts expanded jurisdiction
to determine whether grave abuse of discretion had been committed.Rule 65 of the
Rules of Court reflects the traditional jurisdiction of the Court, and thus requires
that a petition for certiorari be directed towards a judicial or quasi-judicial act.
Jurisprudence after the 1987 Constitutions enactment, however, has repeatedly
invoked the Courts expanded jurisdiction albeit without expressly naming it
by carving out exceptions on the requirements for justiciability. Recent cases,
however, have been more cognizant of the Courts expanded jurisdiction. Thus,
through its practices, the Court has allowed the use of certiorari as a remedy to
invoke the Courts expanded jurisdiction to determine whether grave abuse of
discretion had been committed. The Court has so acted regardless of whether the
assailed act is quasi-judicial or not.
Same; Same; Same; Same; View that to successfully invoke the Courts expanded
jurisdiction, the petitioner must prima facie show that the assailed act constitutes
grave abuse of discretion by any branch or instrumentality of government.To
successfully invoke the Courts expanded jurisdiction, the petitioner must prima
facie show that the assailed act constitutes grave abuse of discretion by any branch
or instrumentality of government. In my view, Jardeleza complied with this
requirement with his narration of the facts that transpired during the selection
process vis--vis the JBC Rules of Procedure, which allegations the JBC did not
essentially contradict.
Judicial and Bar Council; Due Process; View that I cannot agree with the Judicial
and Bar Councils (JBCs) contention that the investigative nature of the selection
process automatically means that the due process rights of applicants cannot be
invoked against it.The uniqueness and novelty of the JBCs selection process give
it ample but not unbridled license to act in performing its duties. It cannot
conduct its proceedings in violation of individual fundamental rights or
other provisions of the Constitution. For this reason, I cannot agree with the
JBCs contention that the
300

investigative nature of the selection process automatically means that the due
process rights of applicants cannot be invoked against it. As a body vested with
governmental
functions,
it
interacts
with,
and
its
actions
affect,
individuals whose rights must be considered.

Same; Same; View that involved here is a reputation built-up over the years as an
outstanding student, a preeminent law practitioner, and a high-ranking government
official now officially representing no less than the Government.Involved here is a
reputation built-up over the years as an outstanding student, a preeminent law
practitioner, and a high-ranking government official now officially representing no
less than the Government. Jardelezas noninclusion in the list despite being
considered by many as a strong contender, taken together with the statement from
the Courts Public Information Office announcement that there should have been
five nominees, had it not been for an invocation of Rule 10, Section 2 of
JBC-009 cannot but signal doubts about Jardelezas integrity. That Jardeleza
was the excluded nominee had been confirmed by subsequent judicial proceedings
before this Court, that has been the subject of media attention through various
articles speculating on his integrity. Thus, the JBCs failure to apply procedural due
process has prejudiced Jardelezas private interest: he was excluded from the short
list of nominees, to the prejudice of his reputation and despite the required majority
votes he garnered. Conceivably, the accusation against him if left unresolved
would also affect his continued stay in his post as Solicitor General since the media
continues to speculate on the matter. Further inaction from this Court would
further taint Jardelezas reputation, given the allegations already made at the JBC
and in these proceedings.
Same; Same; Procedural Due Process; View that procedural due process is a flexible
concept, and the required safeguards and procedures to ensure it may change based
on the nature of the case and the attendant facts.Procedural due process is a
flexible concept, and the required safeguards and procedures to ensure it may
change based on the nature of the case and the attendant facts. But at the heart of
procedural due process is fairness, as embodied in its most basic requirements: the
meaningful opportunity to be heard (audi alteram partem) by an impartial
decision-maker (nemo judex in parte sua). Due process, as it originated from
England,
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embodied these two interlocking principles, which ultimately prohibits partiality
and fosters impartiality.
Same; Same; View that as the Judicial and Bar Council (JBC) selection process is a
sui generis proceeding, no existing jurisprudential standard can definitively be used
as judicial precedent for the due process required in the selection process.As the
JBC selection process is a sui generis proceeding, no existing jurisprudential
standard can definitively be used as judicial precedent for the due process required
in the selection process. But, at the very least, the most rudimentary aspect of
procedural due process should apply: there should be meaningful opportunity to
present ones case and the consideration must be made by an impartial judge.
Unfortunately, neither of these aspects had been observed in the present case. On
the contrary, what appears from the records on a collective reading of seemingly
disparate incidents, is a determined effort to discredit Jardelezas integrity without
giving him the benefit of impartial consideration.
Same; Same; View that the proceedings before the Judicial and Bar Council (JBC)
showed that some of its members were aware that opposition to an applicants
inclusion in the short list and his response thereto should be in writing.The
selective application of the JBCs rules is also highly suspect. The proceedings
before the JBC showed that some of its members were aware that opposition to an
applicants inclusion in the short list and his response thereto should be in writing.
The JBC, upon CJ Serenos insistence, chose to ignore this rule which embodied
procedural due process for the sole reason that it would be messy.
Same; Same; View that once the discreet background investigation produces an
opposition to the application, then such opposition should be in writing.
Admittedly, both JBC-009 and JBC-010 allow the conduct of a discreet background
information on the applicant. It is my view, however, that once the discreet
background investigation produces an opposition to the application, then
such opposition should be in writing. True, the JBC has the discretion to motu
proprio entertain or discard an opposition. That is the import of the word may in
Section 3, Rule 4. But regardless of the JBCs action or inaction to it, the
opposition should be in writing. Both Section 3, Rule 4 of JBC-009 and Section 2
of JBC-010
302

require that an opposition or complaint against an applicant be in writing, while the

latter even requires that this be supported by annexes. In short, the JBC can receive
an opposition to an application only if it is in writing, and cannot choose to receive
verbal objections.
Same; View that since the Judicial and Bar Councils (JBCs) main function is to
recommend appointees to the judiciary, this constitutional design was put in place in
order to reinforce another constitutional mandate granted to the Supreme Court
(SC): its administrative supervision over all courts and personnel thereof.The JBC
is under the supervision, not just of a member of the Supreme Court but of this
Court as a collegial body. Since the JBCs main function is to recommend appointees
to the judiciary, this constitutional design was put in place in order to reinforce
another constitutional mandate granted to this Court: its administrative
supervision over all courts and personnel thereof.
Same; Mandamus; View that the Supreme Court (SC) cannot issue a writ of
mandamus to compel the Judicial and Bar Council (JBC) to include Jardeleza in
the short list, since mandamus can only be directed to oblige the performance of a
ministerial act; The decision to include a particular candidate in the short list of
nominees is a discretionary action on the part of the JBC.Compelling the JBC to
exercise its discretion of including a person in a list of nominees, however, is another
matter. The Court cannot issue a writ of mandamus to compel the JBC to include
Jardeleza in the short list, since mandamus can only be directed to oblige the
performance of a ministerial act. On the contrary, the decision to include a
particular candidate in the short list of nominees is a discretionary action on the
part of the JBC.
Peralta,J., Separate Opinion:
Judicial and Bar Council; Due Process; View that Solicitor General Jardeleza was
unduly deprived of his right to due process in the proceedings before the Judicial and
Bar Council (JBC) and, further, the Supreme Courts (SCs) constitutional power of
supervision over the JBC must be upheld.After going over and pondering upon the
ponencia and the opinions of the other Justices, I am registering my concurrence
with the opinion of my esteemed colleague
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Justice Jose Catral Mendoza and, likewise, adopt the separate concurring opinions
of my respected colleagues Justices Teresita Leonardo-De Castro and Arturo D.
Brion. Verily, Solicitor General Jardeleza was unduly deprived of his right to due
process in the proceedings before the JBC and, further, the Courts constitutional
power of supervision over the JBC must be upheld.
Leonen,J., Dissenting Opinion:
Judicial and Bar Council; Judges; View that it is the Judicial and Bar Council
(JBC) that determines the extent of competence, independence, probity, and integrity
that should be possessed by an applicant before he or she is included in the list of
nominees prepared for the President.The Constitution grants to the Judicial and
Bar Council the sole and exclusive power to vet not only the qualifications but also
the fitness of applicants to this court. It is the Judicial and Bar Council that
determines the extent of competence, independence, probity, and integrity that
should be possessed by an applicant before he or she is included in the list of
nominees prepared for the President. By constitutional design, this court should
wisely resist temptations to participate, directly or indirectly, in the nomination and
appointment process of any of its members. In reality, nomination to this court
carries with it the political and personal pressures from the supporters of strong
contenders. This court is wisely shaded from these stresses. We know that the
quality of the rule of law is reduced when any member of this court succumbs to
pressure.
Constitutional Law; Separation of Powers; View that the separation of powers
inherent in our Constitution is a rational check against abuse and the
monopolization of all legal powers.The separation of powers inherent in our
Constitution is a rational check against abuse and the monopolization of all legal
powers. We should not nullify any act of any constitutional organ unless there is
grave abuse of discretion. The breach of a constitutional provision should be clearly
shown and the necessity for the declaration of nullity should be compelling. Any
doubt should trigger judicial restraint, not intervention. Doubts should be resolved
in deference to the wisdom and prerogative of coequal constitutional organs.
304

Same; Same; Judicial and Bar Council; View that there is nothing in the
Constitution which allows the Supreme Court (SC) to interfere with the Councils
exercise of its discretion in the execution of its constitutional mandate.There is
nothing in the Constitution which allows this court to interfere with the Councils
exercise of its discretion in the execution of its constitutional mandate. At most, this
courts supervision is merely administrative.
Judicial and Bar Council; View that the Judicial and Bar Council (JBC) correctly
underscores that its proceedings is neither judicial nor quasi-judicial in nature.
The Judicial and Bar Council correctly underscores that its proceedings is neither
judicial nor quasi-judicial in nature. An administrative body is deemed to be
exercising judicial or quasi-judicial functions when it is authorized to adjudicate
upon the rights and obligations of the parties before it. It must have both judicial
discretion and the authority to render judgment that affects the parties.
Same; View that the principal role of the Judicial and Bar Council (JBC) is to
recommend appointees to the judiciary; There is nothing in this function that makes
it a quasi-judicial office or agency.The principal role of the Judicial and Bar
Council is to recommend appointees to the judiciary. It serves as a constitutional
body that scrutinizes applicants and recommends to the President not only those
who are qualified but, in its discretion, the most fit among the applicants to be
included in a short list from which the President can make appointments to the
judiciary. There is nothing in this function that makes it a quasi-judicial office or
agency.
Constitutional Law; Mandamus; View that the determination by the Judicial and
Bar Council (JBC) of the qualifications and fitness of applicants for positions in the
judiciary is not a ministerial duty; Mandamus cannot compel the amendment of any
list already transmitted, and it cannot be made available to compel the Council to
transmit a name not in the original list.The determination by the Judicial and Bar
Council of the qualifications and fitness of applicants for positions in the judiciary is
not a ministerial duty. It is constitutionally part of its discretion. Mandamus cannot

compel the amendment of any list already transmitted, and it cannot be made
available to compel the Council to transmit a name not in the original list.
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Same; View that the absence of any objection by the members of the Council, orally
and in the letter of transmittal submitted to the President, should conclusively show
that the manner of selection and the results were accepted by all concerned.The
absence of any objection by the members of the Council, orally and in the letter of
transmittal submitted to the President, should conclusively show that the manner
of selection and the results were accepted by all concerned. Again, it bears
repeating, that the short list transmitted to the Office of the President was
signed by all the members of the Council without exception, thereby
expressing their unanimity as to its contents. Mandamus, therefore, does not lie
to amend this list.
Grave Abuse of Discretion; View that a showing of grave abuse of discretion should
refer to a demonstrably clear breach of a constitutional duty that is arbitrary,
capricious and whimsical.A showing of grave abuse of discretion should refer to a
demonstrably clear breach of a constitutional duty that is arbitrary, capricious and
whimsical. Our constitutional duty and power of review is not to accept the
arguments of petitioner because it is plausible. Judicial review is also not a license to
impose our own plausible interpretation of the rules of the Council over their own.
Judicial review requires as an absolute predicate, a showing that the Councils
interpretation and application of its rules is so bereft of reason and so implausible.
We do not analyze the cogency of the arguments of petitioner or the
interpretation that we would have put had we been in the Council. Rather,
the mode of analysis in our exercise of judicial review is to scrutinize
whether there are no viable reasonable bases for the interpretation,
application, and actions of the Judicial and Bar Council.
Judicial and Bar Council; View that any amendment to the rules of the Council
through our interpretation given the parties impleaded in this case should be
prospective and applicable only to future processes for nomination and appointment
to our courts.Any change in the interpretation of the rules of the Council should
not inequitably prejudice third parties who relied on the existence of these rules.
Petitioner was not the sole applicant to the position vacated by the retirement of a
member of this court. There are four (4) individuals that passed the Councils
determination of qualifications and fitness in the list transmitted to the President.
There are
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six (6) other individuals who did not make it to the list. Thus, even if we assume,
without conceding, that there was grave abuse of discretion on the part of
respondents, it will be both inequitable and a violation of the rights of the other
applicants and the other nominees to simply require the amendment of the list
transmitted to the President. Petitioner chose not to implead them. They did not
benefit from an opportunity to be heard by this court. Any amendment to the rules
of the Council through our interpretation given the parties impleaded in
this case should, thus, be prospective and applicable only to future
processes for nomination and appointment to our courts.
Same; View that the rules of the Judicial and Bar Council (JBC) is its interpretation
as to how it is to go about with its duty to determine the competence, integrity,
probity and independence that is constitutionally required of every member to the
Supreme Court (SC).The rules of the Judicial and Bar Council is its interpretation
as to how it is to go about with its duty to determine the competence, integrity,
probity and independence that is constitutionally required of every member to this
court. How the Council go about with its duty is primarily and presumptively
addressed to it solely as an independent constitutional organ attached only to this
court through administrative supervision. The constitutional provisions do not
require a vote requirement on the part of the members for a finding of either
competence, integrity, probity, or independence. Neither does it textually provide for
the meaning of these terms. It is up to the Judicial and Bar Council to find a
reasonable construction of the fundamental requirements.
Same; View that the Judicial and Bar Council (JBC) is the only constitutional body
with the power to interpret its rules to determine the competence, integrity, probity,
and independence of applicants to the judiciary.The interpretation of any of the
Councils rules is constitutionally addressed to the Councils discretion. It is the only
constitutional body with the power to interpret its rules to determine the
competence, integrity, probity, and independence of applicants to the judiciary. We
cannot superimpose this courts interpretation even if in our view it would be a

better one.
Same; Integrity; View that the acts which lead to questions relating to integrity may
be different for each candidate.There is
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nothing inherently unconstitutional with the lack of statutory or procedural
definition of integrity. This remains within the purview of the members of the
Council. It is a matter that is addressed to their reasoned judgment. The Judicial
and Bar Council is designed to act collegially. This is where contending views
coming from various sectors affected by every nomination and represented in the
discussions may be taken into consideration. Integrity can mean different things for
different people. Like all significant words, it has a sufficient set of meanings that
can frame expectations but at the same time is left malleable to address the needs
at present. The acts which lead to questions relating to integrity may be different
for each candidate. Thus, the past actions of a Justice of the Court of Appeals, a
Solicitor General, or a Dean of a College of Law who is aspiring for the position of
Associate Justice of this court that will be assessed by the Judicial and Bar Council
will be different.
Same; Same; View that it is the quality of integrity of each member that inspires us
to have the courage to use our constitutional duty to speak to power.In this court, it
is the quality of integrity of each member that inspires us to have the courage to use
our constitutional duty to speak to power. We speak to power whether this is
sourced formally from the authority of the Constitution or informally when it comes
from the political influence, commercial standing, or the ability of a party, litigant,
or lawyer to mold media opinion. While theoretically and constitutionally protected,
we are hounded by the same human fears as any person occupying a public office.
We all know that we disgrace the privilege of our office if we succumb to fear or
favor.
Constitutional Law; Due Process; View that before the due process clause of the
Constitution may be invoked, there must first be an encroachment to ones life,
liberty, or property.Before the due process clause of the Constitution may be
invoked, there must first be an encroachment to ones life, liberty, or property.
Petitioner carries the burden of showing that an act of government affects an
indubitable vested right protected by the Constitution.
Same; Same; Judges; View that a nomination is not a right that is protected by the
due process clause of the Constitution.No person has a constitutionally vested
right to be nominated to a judicial position. Just because a person meets the
qualifications does not
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entitle him or her to a nomination. The Judicial and Bar Council must render a
finding of his or her fitness which results in the inclusion of his or her name in the
list. A nomination is not a right that is protected by the due process clause of the
Constitution. It is rather a privilege granted to one who has successfully passed the
application process and has qualified. The attainment of the majority vote of Council
members is not an absolute, unconditional, and perfect or fixed and irrefutable
basis to garner a place in the short list. As discussed, under the present rules, when
integrity is at stake, the vote requirement may be unanimity in the vote of the
remaining members excluding the member who invoked Rule 10, Section 2 of the
rules of the Judicial and Bar Council. Moreover, the list of qualified candidates is
still subject to the final deliberation of the Council in an executive session before the
list is submitted to the Office of the President.
Judicial and Bar Council; Due Process; View that for applicants to a vacancy in the
Supreme Court (SC) and in the process of the Judicial and Bar Council (JBC), the
right to be considered for purposes of an assessment of his or her qualifications and
fitness also certainly does not require a forum for cross-examination.Fairness as
embodied in the due process clause of the Constitution takes its form in relation to
the right invoked and the forum where it is invoked. Certainly, when the accused
invokes his or her right in criminal trial, this takes the form among others of the
right to full-blown cross-examination of all witnesses presented by the prosecution.
For applicants to a vacancy in the Supreme Court and in the process of the Judicial
and Bar Council, the right to be considered for purposes of an assessment of his or
her qualifications and fitness also certainly does not require a forum for crossexamination. The Council is possessed with a wide latitude to draw information so
that it may, consistent with its constitutional duty, make a selection of at least three
(3) names from a field of so many applicants.
Due Process; Procedural Due Process; View that petitioners insistence, therefore, that
the Council must adhere to a procedure he suggested, using his interpretation of the
Judicial and Bar Councils (JBCs) own rules, goes beyond the minimum required by
jurisprudence.The essence of procedural due process is simply the right to be

heard. Petitioners insistence, therefore, that the Council must adhere to a
procedure he suggested, using his interpretation of the
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Judicial and Bar Councils own rules, goes beyond the minimum required by
jurisprudence.
Same; Judicial and Bar Council; View that the Council may receive written
opposition and may require the applicant to comment on the opposition. The use of
the word may is permissive, not mandatory.The Council may receive written
opposition and may require the applicant to comment on the opposition. The use of
the word may is permissive, not mandatory. The Council retains the discretion to
require that opposition be written. It also retains the discretion not to require
comment on any of the opposition filed. This may apply when the basis of the
opposition is too trivial or when the members determine that they are already
possessed with sufficient information necessary for them to vote their preferences.
But this is not what happened in this case.
Same; Same; View that the reluctance of the Chief Justice (CJ) to put the matter in
writing was reasonable considering that it was a matter of national security.The
reluctance of the Chief Justice to put the matter in writing was reasonable
considering that it was a matter of national security. According to the minutes of
the executive session held on June 30, 2014, the Members agreed that it is best
that this be kept as confidential as possible to avoid problems for the country. The
confidentiality observed by the Council was not for the purpose of denying petitioner
his rights. The Council merely had the best interests of the nation in mind.
Judicial and Bar Council; Judges; View that the power to appoint members of the
judiciary from a list of names transmitted by the Judicial and Bar Council (JBC) is
a prerogative of the President which cannot be delegated to the Executive Secretary.
The power to appoint members of the judiciary from a list of names transmitted by
the Judicial and Bar Council is a prerogative of the President which cannot be
delegated to the Executive Secretary. Thus, for issues raised by petitioner and for
the relief he prays for, the Executive Secretary cannot act as an alter ego of the
President.
Temporary Restraining Orders; View that the Supreme Court (SC) cannot, by way of
temporary restraining order (TRO), delay the running of the period mandated by the
Constitution.The Constitution mandates that the President make an appointment
90 days
310

from the occurrence of the vacancy. Justice Abads retirement on his birthday which
was May 22, 2014 caused the vacancy in the present court. The President, therefore,
has until August 20, 2014 to make an appointment for the vacancy. A temporary
restraining order is a writ in equity provided for only in the rules of procedure
promulgated by this court. This court cannot, by way of temporary restraining order,
delay the running of the period mandated by the Constitution.
Same; View that there is no right that exists that could be protected by the issuance of
a temporary restraining order (TRO) since petitioner has no vested right.There is
no right that exists that could be protected by the issuance of a temporary
restraining order since petitioner has no vested right. He has not shown that he
possesses a clear and unmistakable right. Therefore, there is no material and
substantial invasion that must be prevented through a writ from this court.
Judicial and Bar Council; View that those who were nominated deserve the benefit of
the presumption of constitutionality of the rules under which they were vetted.The
proper remedy would be for this court to order that the four individuals currently in
the list of nominees transmitted to the President be impleaded and the opportunity
to be heard given. They deserve to be heard before this court even considers diluting
their chances of being appointed. Alternatively, any relief should, therefore, be
prospective and should not affect their vested rights. Assuming without conceding
that the majority will vote to nullify Rule 10, Section 2 of the Rules of the Judicial
and Bar Council, its effects should be prospective. Those who were nominated
deserve the benefit of the presumption of constitutionality of the rules under which
they were vetted.
Same; View that as much as petitioner believes in the importance of defending
himself in this court, respondents are also entitled to believe that it is institutionally
important for them to defend the integrity of the Judicial and Bar Council (JBC).
In my view, it is the insistence of petitioner not to respond directly to the objections
during the in camera and confidential discussions of the Council on June 30, 2014
that has now caused both sides to lay bare their full arguments. Surely, as much as
petitioner believes in the importance of defending himself in this court, respondents
are also entitled to
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believe that it is institutionally important for them to defend the integrity of the
Judicial and Bar Council. For petitioner to claim due process of law is the more
important question. For respondents, petitioner was accorded his opportunity to be
heard, and the more important question is there would have been an anomaly in our
arbitral claims.
Same; View that the Judicial and Bar Council (JBC), by transmitting a list without
petitioners name, has acceded to the invocation of lack of integrity by one of its
members.The Judicial and Bar Council, by transmitting a list without petitioners
name, has acceded to the invocation of lack of integrity by one of its members.
Excluding the vote of the Chief Justice, he was not able to garner unanimity among
the remaining members of the Council as required by the rules.
SPECIAL CIVIL ACTION in the Supreme Court. Certiorari and Mandamus.
The facts are stated in the opinion of the Court.
MENDOZA,J.:
Once again, the Court is faced with a controversy involving the acts of an
independent body, which is considered as a constitutional innovation, the Judicial
and Bar Council (JBC). It is not the first time that the Court is called upon to settle
legal questions surrounding the JBCs exercise of its constitutional mandate. In De
Castro v. JBC,1 the Court laid to rest issues such as the duty of the JBC to
recommend prospective nominees for the position of Chief Justice vis--vis the
appointing power of the President, the period within which the same may be
exercised, and the ban on midnight appointments as set forth in the Constitution. In
Chavez v. JBC,2 the Court provided an extensive discourse on constitutional intent
as to the JBCs composition and membership.
_______________
1 G.R. No. 191002, April 20, 2010, 618 SCRA 639.
2 G.R. No. 202242, July 17, 2012, 676 SCRA 579.
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This time, however, the selection and nomination process actually undertaken by
the JBC is being challenged for being constitutionally infirm. The heart of the
debate lies not only on the very soundness and validity of the application of JBC
rules but also the extent of its discretionary power. More significantly, this case of
first impression impugns the end-result of its acts the short list from which the
President appoints a deserving addition to the Highest Tribunal of the land.
To add yet another feature of novelty to this case, a member of the Court, no less
than the Chief Justice herself, was being impleaded as party respondent.
The Facts
The present case finds its genesis from the compulsory retirement of Associate
Justice Roberto Abad (Associate Justice Abad) last May 22, 2014. Before his
retirement, on March 6, 2014, in accordance with its rules,3 the JBC announced the
opening for application or recommendation for the said vacated position.
On March 14, 2014, the JBC received a letter from Dean Danilo Concepcion of the
University of the Philippines nominating petitioner Francis H. Jardeleza
(Jardeleza), incumbent Solicitor General of the Republic, for the said position. Upon
acceptance of the nomination, Jardeleza was included in the names of candidates, as
well as in the schedule of public interviews. On May 29, 2014, Jardeleza was
interviewed by the JBC.
It appears from the averments in the petition that on June 16 and 17, 2014,
Jardeleza received telephone calls from former Court of Appeals Associate Justice
and incumbent JBC member, Aurora Santiago Lagman (Justice Lagman), who
_______________
3 JBC-009, Rules of the Judicial and Bar Council, promulgated on September 23,
2002.
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informed him that during the meetings held on June 5 and 16, 2014, Chief Justice
and JBC ex officio Chairperson, Maria Lourdes P. A. Sereno (Chief Justice Sereno),
manifested that she would be invoking Section 2, Rule 10 of JBC-0094 against him.
Jardeleza was then directed to make himself available before the JBC on June 30,
2014, during which he would be informed of the objections to his integrity.
Consequently, Jardeleza filed a letter-petition (letter-petition)5 praying that the
Court, in the exercise of its constitutional power of supervision over the JBC, issue
an order: 1) directing the JBC to give him at least five (5) working days written
notice of any hearing of the JBC to which he would be summoned; and the said
notice to contain the sworn specifications of the charges against him by his
oppositors, the sworn statements of supporting witnesses, if any, and copies of
documents in support of the charges; and notice and sworn statements shall be
made part of the public record of the JBC; 2) allowing him to cross-examine his
oppositors and supporting witnesses, if any, and the cross-examination to be
conducted in public, under the same conditions that attend the public interviews
held for all applicants; 3) directing the JBC to reset the hearing scheduled on June
30, 2014 to another date; and 4) directing the JBC to disallow Chief Justice Sereno
from participating in the voting on June 30, 2014 or at any adjournment thereof
where such vote would be taken for the nominees for the position vacated by
Associate Justice Abad.
_______________
4 Section2.Votes required when integrity of a qualified applicant is challenged.
In every case when the integrity of an applicant who is not otherwise disqualified
for nomination is raised or challenged, the affirmative vote of all the members of the
Council must be obtained for the favourable consideration of his nomination.
5 Docketed as A.M. No. 14-07-01-SC-JBC, Re: Jardeleza For the Position of
Associate Justice Vacated By Justice Roberto A. Abad, Rollo, pp. 79-88.
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During the June 30, 2014 meeting of the JBC, sans Jardeleza, incumbent
Associate Justice Antonio T. Carpio (Associate Justice Carpio) appeared as a
resource person to shed light on a classified legal memorandum (legal
memorandum) that would clarify the objection to Jardelezas integrity as posed by
Chief Justice Sereno. According to the JBC, Chief Justice Sereno questioned
Jardelezas ability to discharge the duties of his office as shown in a confidential
legal memorandum over his handling of an international arbitration case for the
government.
Later, Jardeleza was directed to one of the Courts ante-rooms where Department of
Justice Secretary Leila M. De Lima (Secretary De Lima) informed him that
Associate Justice Carpio appeared before the JBC and disclosed confidential
information which, to Chief Justice Sereno, characterized his integrity as dubious.
After the briefing, Jardeleza was summoned by the JBC at around 2:00 oclock in
the afternoon.
Jardeleza alleged that he was asked by Chief Justice Sereno if he wanted to defend
himself against the integrity issues raised against him. He answered that he would
defend himself provided that due process would be observed. Jardeleza specifically
demanded that Chief Justice Sereno execute a sworn statement specifying her
objections and that he be afforded the right to cross-examine her in a public hearing.
He requested that the same directive should also be imposed on Associate Justice
Carpio. As claimed by the JBC, Representative Niel G. Tupas, Jr. also manifested
that he wanted to hear for himself Jardelezas explanation on the matter. Jardeleza,
however, refused as he would not be lulled into waiving his rights. Jardeleza then
put into record a written statement6 expressing his views on the situation and
requested the JBC to defer its meeting considering that the Court En Banc would
meet the next day to act on his pending letter-petition. At this juncture, Jardeleza
was excused.
_______________
6 Id., at pp. 33-36.
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Later in the afternoon of the same day, and apparently denying Jardelezas request
for deferment of the proceedings, the JBC continued its deliberations and proceeded
to vote for the nominees to be included in the short list. Thereafter, the JBC
released the subject short list of four (4) nominees which included: Apolinario D.
Bruselas, Jr. with six (6) votes, Jose C. Reyes, Jr. with six (6) votes, Maria Gracia M.
Pulido-Tan with five (5) votes, and Reynaldo B. Daway with four (4) votes.7
As mentioned in the petition, a newspaper article was later published in the online
portal of the Philippine Daily Inquirer, stating that the Courts Spokesman, Atty.
Theodore Te, revealed that there were actually five (5) nominees who made it to the
JBC short list, but one (1) nominee could not be included because of the invocation
of Rule 10, Section 2 of the JBC rules.
In its July 8, 2014 Resolution, the Court noted Jardelezas letter-petition in view of
the transmittal of the JBC list of nominees to the Office of the President, without
prejudice to any remedy available in law and the rules that petitioner may still wish
to pursue.8 The said resolution was accompanied by an extensive Dissenting
Opinion penned by Associate Justice Arturo D. Brion,9 expressing his respectful
disagreement as to the position taken by the majority.
The Petition
Perceptibly based on the aforementioned resolutions declaration as to his availment

of a remedy in law, Jardeleza filed the present petition for certiorari and mandamus
under Rule 65 of the Rules of Court with prayer for the issuance of a Temporary
Restraining Order (TRO), seeking to compel the
_______________
7 Id., at pp. 37-38.
8 Id., at p. 95.
9 Id., at pp. 97-106.
316

JBC to include him in the list of nominees for Supreme Court Associate Justice vice
Associate Justice Abad, on the grounds that the JBC and Chief Justice Sereno acted
in grave abuse of discretion amounting to lack or excess of jurisdiction in excluding
him, despite having garnered a sufficient number of votes to qualify for the position.
Notably, Jardelezas petition decries that despite the obvious urgency of his earlier
letter-petition and its concomitant filing on June 25, 2014, the same was raffled only
on July 1, 2014 or a day after the controversial JBC meeting. By the time that his
letter-petition was scheduled for deliberation by the Court En Banc on July 8, 2014,
the disputed short list had already been transmitted to the Office of the President.
He attributed this belated action on his letter-petition to Chief Justice Sereno,
whose action on such matters, especially those impressed with urgency, was
discretionary.
An in-depth perusal of Jardelezas petition would reveal that his resort to judicial
intervention hinges on the alleged illegality of his exclusion from the short list due
to: 1) the deprivation of his constitutional right to due process; and 2) the JBCs
erroneous application, if not direct violation, of its own rules. Suffice it to say,
Jardeleza directly ascribes the supposed violation of his constitutional rights to the
acts of Chief Justice Sereno in raising objections against his integrity and the
manner by which the JBC addressed this challenge to his application, resulting in
his arbitrary exclusion from the list of nominees.
Jardelezas Position
For a better understanding of the above postulates proffered in the petition, the
Court hereunder succinctly summarizes Jardelezas arguments, as follows:
A. Chief Justice Sereno and the JBC violated Jardelezas right to due
process in the events leading up to and during the vote on the short list
last
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June 30, 2014. When accusations against his integrity were made twice, ex parte,
by Chief Justice Sereno, without informing him of the nature and cause thereof and
without affording him an opportunity to be heard, Jardeleza was deprived of his
right to due process. In turn, the JBC violated his right to due process when he was
simply ordered to make himself available on the June 30, 2014 meeting and was told
that the objections to his integrity would be made known to him on the same day.
Apart from mere verbal notice (by way of a telephone call) of the invocation of
Section 2, Rule 10 of JBC-009 against his application and not on the accusations
against him per se, he was deprived of an opportunity to mount a proper defense
against it. Not only did the JBC fail to ventilate questions on his integrity during
his public interview, he was also divested of his rights as an applicant under
Sections 3 and 4, Rule 4, JBC-009, to wit:
Section3.Testimony of parties.The Council may receive written opposition to an
applicant on the ground of his moral fitness and, at its discretion, the Council may
receive the testimony of the oppositor at a hearing conducted for the purpose, with
due notice to the applicant who shall be allowed to cross-examine the oppositor and
to offer countervailing evidence.
Section4.Anonymous Complaints.Anonymous complaints against an applicant
shall not be given due course, unless there appears on its face a probable cause
sufficient to engender belief that the allegations may be true. In the latter case, the
Council may direct a discreet investigation or require the applicant to comment
thereon in writing or during the interview.
His lack of knowledge as to the identity of his accusers (except for yet again, the
verbal information conveyed to him that Associate Justice Carpio testified against
him) and as to the nature of the very accusations against him caused him to suffer
from the arbitrary ac
318

tion by the JBC and Chief Justice Sereno. The latter gravely abused her discretion
when she acted as prosecutor, witness and judge, thereby violating the very essence
of fair play and the Constitution itself. In his words: the sui generis nature of JBC
proceedings does not authorize the Chief Justice to assume these roles, nor does it
dispense with the need to honor petitioners right to due process.10
B.The JBC committed grave abuse of discretion in excluding Jardeleza
from the short list of nominees, in violation of its own rules. The unanimity
requirement provided under Section 2, Rule 10 of JBC-009 does not find application
when a member of the JBC raises an objection to an applicants integrity. Here, the
lone objector constituted a part of the membership of the body set to vote. The lone
objector could be completely capable of taking hostage the entire voting process by
the mere expediency of raising an objection. Chief Justice Serenos interpretation of
the rule would allow a situation where all that a member has to do to veto other
votes, including majority votes, would be to object to the qualification of a candidate,
without need for factual basis.
C.Having secured the sufcient number of votes, it was ministerial on
the part of the JBC to include Jardeleza in the subject short list. Section 1,
Rule 10 of JBC-009 provides that a nomination for appointment to a judicial
position requires the affirmative vote of at least a majority of all members of the
JBC. The JBC cannot disregard its own rules. Considering that Jardeleza was able
to secure four (4) out of six (6) votes, the only conclusion is that a majority of the
members of the JBC found him to be qualified for the position of Associate Justice.
D.The unlawful exclusion of the petitioner from the subject short list
impairs the Presidents constitutional power to appoint. Jardelezas exclu_______________
10 Id., at p. 12.
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319
sion from the short list has unlawfully narrowed the Presidents choices. Simply put,
the President would be constrained to choose from among four (4) nominees, when
five (5) applicants rightfully qualified for the position. This limits the President to
appoint a member of the Court from a list generated through a process tainted with
patent constitutional violations and disregard for rules of justice and fair play. Until
these constitutional infirmities are remedied, the petitioner has the right to prevent
the appointment of an Associate Justice vice Associate Justice Abad.
Comment of the JBC
On August 11, 2014, the JBC filed its comment contending that Jardelezas petition
lacked procedural and substantive bases that would warrant favorable action by the
Court. For the JBC, certiorari is only available against a tribunal, a board or an
officer exercising judicial or quasi-judicial functions.11 The JBC, in its exercise of its
mandate to recommend appointees to the Judiciary, does not exercise any of these
functions. In a pending case,12 Jardeleza himself, as one of the lawyers for the
government, argued in this wise: Certiorari cannot issue against the JBC in the
implementation of its policies.
In the same vein, the remedy of mandamus is incorrect. Mandamus does not lie to
compel a discretionary act. For it to prosper, a petition for mandamus must, among
other things, show that the petitioner has a clear legal right to the act demanded. In
Jardelezas case, there is no legal right to be included in the list of nominees for
judicial vacancies. Possession of the constitutional and statutory qualifications for
appointment to the Judiciary may not be used to legally demand that ones name be
included in the list of candidates for
_______________
11 Section 1, Rule 65, Rules of Court.

12 Villanueva v. Judicial and Bar Council, docketed as G.R. No. 211833 (still
pending).
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a judicial vacancy. Ones inclusion in the short list is strictly within the discretion of
the JBC.
Anent the substantive issues, the JBC mainly denied that Jardeleza was deprived of
due process. The JBC reiterated that Justice Lagman, on behalf of the JBC En
Banc, called Jardeleza and informed him that Chief Justice Sereno would be
invoking Section 2, Rule 10 of JBC-009 due to a question on his integrity based on
the way he handled a very important case for the government. Jardeleza and Justice
Lagman spoke briefly about the case and his general explanation on how he handled
the same. Secretary De Lima likewise informed him about the content of the
impending objection against his application. On these occasions, Jardeleza agreed to
explain himself. Come the June 30, 2014 meeting, however, Jardeleza refused to
shed light on the allegations against him, as he chose to deliver a statement, which,
in essence, requested that his accuser and her witnesses file sworn statements so
that he would know of the allegations against him, that he be allowed to crossexamine the witnesses; and that the procedure be done on record and in public.
In other words, Jardeleza was given ample opportunity to be heard and to enlighten
each member of the JBC on the issues raised against him prior to the voting
process. His request for a sworn statement and opportunity to cross-examine is not
supported by a demandable right. The JBC is not a fact-finding body. Neither is it a
court nor a quasi-judicial agency. The members are not concerned with the
determination of his guilt or innocence of the accusations against him.
Besides, Sections 3 and 4, Rule 10, JBC-009 are merely directory as shown by the
use of the word may. Even the conduct of a hearing to determine the veracity of an
opposition is discretionary on the JBC. Ordinarily, if there are other ways of
ascertaining the truth or falsity of an allegation or opposition, the JBC would not
call a hearing in order to avoid undue delay of the selection process. Each member of
the JBC relies
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on his or her own appreciation of the circumstances and qualifications of applicants.
The JBC then proceeded to defend adherence to its standing rules. As a general
rule, an applicant is included in the short list when he or she obtains an affirmative
vote of at least a majority of all the members of the JBC. When Section 2, Rule 10 of
JBC-009, however, is invoked because an applicants integrity is challenged, a
unanimous vote is required. Thus, when Chief Justice Sereno invoked the said
provision, Jardeleza needed the affirmative vote of all the JBC members to be
included in the short list. In the process, Chief Justice Serenos vote against
Jardeleza was not counted. Even then, he needed the votes of the five (5) remaining
members. He only got four (4) affirmative votes. As a result, he was not included in
the short list. Applicant Reynaldo B. Daway, who got four (4) affirmative votes, was
included in the short list because his integrity was not challenged. As to him, the
majority rule was considered applicable.
Lastly, the JBC rued that Jardeleza sued the respondents in his capacity as
Solicitor General. Despite claiming a prefatory appearance in propria persona, all
pleadings filed with the Court were signed in his official capacity. In effect, he sued
the respondents to pursue a purely private interest while retaining the office of the
Solicitor General. By suing the very parties he was tasked by law to defend,
Jardeleza knowingly placed himself in a situation where his personal interests
collided against his public duties, in clear violation of the Code of Professional
Responsibility and Code of Professional Ethics. Moreover, the respondents are all
public officials being sued in their official capacity. By retaining his title as Solicitor
General, and suing in the said capacity, Jardeleza filed a suit against his own
clients, being the legal defender of the government and its officers. This runs
contrary to the fiduciary relationship shared by a lawyer and his client.
In opposition to Jardelezas prayer for the issuance of a TRO, the JBC called to mind
the constitutional period within
322

which a vacancy in the Court must be filled. As things now stand, the President has
until August 20, 2014 to exercise his appointment power which cannot be restrained
by a TRO or an injunctive suit.
Comment of the Executive Secretary
In his Comment, Executive Secretary Paquito N. Ochoa, Jr. (Executive Secretary)

raised the possible unconstitutionality of Section 2, Rule 10 of JBC-009, particularly
the imposition of a higher voting threshold in cases where the integrity of an
applicant is challenged. It is his position that the subject JBC rule impairs the
bodys collegial character, which essentially operates on the basis of majority rule.
The application of Section 2, Rule 10 of JBC-009 gives rise to a situation where all
that a member needs to do, in order to disqualify an applicant who may well have
already obtained a majority vote, is to object to his integrity. In effect, a member
who invokes the said provision is given a veto power that undermines the equal and
full participation of the other members in the nomination process. A lone objector
may then override the will of the majority, rendering illusory, the collegial nature of
the JBC and the very purpose for which it was created to shield the appointment
process from political maneuvering. Further, Section 2, Rule 10 of JBC-009 may be
violative of due process for it does not allow an applicant any meaningful
opportunity to refute the challenges to his integrity. While other provisions of the
JBC rules provide mechanisms enabling an applicant to comment on an opposition
filed against him, the subject rule does not afford the same opportunity. In this case,
Jardelezas allegations as to the events which transpired on June 30, 2014 obviously
show that he was neither informed of the accusations against him nor given the
chance to muster a defense thereto.
The Executive Secretary then offered a supposition: granting that the subject
provision is held to be constitutional, the unanimity rule would only be operative
when the objector is
VOL. 733, AUGUST 19, 2014
323

not a member of the JBC. It is only in this scenario where the voting of the body
would not be rendered inconsequential. In the event that a JBC member raised the
objection, what should have been applied is the general rule of a majority vote,
where any JBC member retains their respective reservations to an application with
a negative vote. Corollary thereto, the unconstitutionality of the said rule would
necessitate the inclusion of Jardeleza in the short list submitted to the President.
Other pleadings
On August 12, 2014, Jardeleza was given the chance to refute the allegations of the
JBC in its Comment. He submitted his Reply thereto on August 15, 2014. A few
hours thereafter, or barely ten minutes prior to the closing of business, the Court
received the Supplemental Comment-Reply of the JBC, this time with the attached
minutes of the proceedings that led to the filing of the petition, and a detailed
Statement of the Chief Justice on the Integrity Objection.13 Obviously, Jardelezas
Reply consisted only of his arguments against the JBCs original Comment, as it
was filed prior to the filing of the Supplemental Comment-Reply.
At the late stage of the case, two motions to admit comments-inintervention/oppositions-in-intervention were filed. One was by Atty. Purificacion S.
Bartolome-Bernabe, purportedly the President of the Integrated Bar of the
Philippines-Bulacan Chapter. This pleading echoed the position of the JBC.14
The other one was filed by Atty. Reynaldo A. Cortes, purportedly a former President
of the IBP Baguio-Benguet Chapter and former Governor of the IBP-Northern
Luzon. It was coupled with a complaint for disbarment against Jardeleza
_______________
13 Rollo, pp. 170-217.

14 Id., at pp. 128-169.
324

primarily for violations of the Code of Professional Responsibility for representing

conflicting interests.15
Both motions for intervention were denied considering that time was of the essence
and their motions were merely reiterative of the positions of the JBC and were
perceived to be dilatory. The complaint for disbarment, however, was re-docketed as
a separate administrative case.
The Issues
Amidst a myriad of issues submitted by the parties, most of which are interrelated
such that the resolution of one issue would necessarily affect the conclusion as to the
others, the Court opts to narrow down the questions to the very source of the discord
the correct application of Section 2, Rule 10 JBC-009 and its effects, if any, on the
substantive rights of applicants.
The Court is not unmindful of the fact that a facial scrutiny of the petition does not
directly raise the unconstitutionality of the subject JBC rule. Instead, it bewails the
unconstitutional effects of its application. It is only from the comment of the
Executive Secretary where the possible unconstitutionality of the rule was brought
to the fore. Despite this milieu, a practical approach dictates that the Court must
confront the source of the bleeding from which the gaping wound presented to the
Court suffers.
The issues for resolution are:
I.
WHETHER OR NOT THE COURT CAN ASSUME JURISDICTION AND

GIVE DUE COURSE TO THE SUBJECT PETITION FOR CERTIORARI AND
MANDAMUS (WITH APPLICATION FOR A TEMPORARY RESTRAINING
ORDER).
_______________
15 Id., at pp. 220-233.
VOL. 733, AUGUST 19, 2014
325

II.
WHETHER OR NOT THE ISSUES RAISED AGAINST JARDELEZA BEFIT
QUESTIONS OR CHALLENGES ON INTEGRITY AS CONTEMPLATED

UNDER SECTION 2, RULE 10 OF JBC-009.
III.
WHETHER OR NOT THE RIGHT TO DUE PROCESS IS AVAILABLE IN
THE COURSE OF JBC PROCEEDINGS IN CASES WHERE AN OBJECTION

OR OPPOSITION TO AN APPLICATION IS RAISED.
IV.
WHETHER OR NOT PETITIONER JARDELEZA MAY BE INCLUDED IN
THE SHORT LIST OF NOMINEES SUBMITTED TO THE PRESIDENT.
The Courts Ruling
I Procedural Issue: The Court has constitutional bases to assume

jurisdiction over the case
A The Courts Power of Supervision over the JBC
Section 8, Article VIII of the 1987 Constitution provides for the creation of the JBC.
The Court was given supervisory authority over it. Section 8 reads:
Section8.
A Judicial and Bar Council is hereby created under the supervision of the
Supreme Court composed of the Chief Justice as ex officio Chairman, the
Secretary of Justice, and a representative of the Congress as ex officio
326

Members, a representative of the Integrated Bar, a professor of law, a retired

Member of the Supreme Court, and a representative of the private sector.
[Emphasis supplied]
As a meaningful guidepost, jurisprudence provides the definition and scope of
supervision. It is the power of oversight, or the authority to see that subordinate
officers perform their duties. It ensures that the laws and the rules governing the
conduct of a government entity are observed and complied with. Supervising
officials see to it that rules are followed, but they themselves do not lay down such
rules, nor do they have the discretion to modify or replace them. If the rules are not
observed, they may order the work done or redone, but only to conform to such rules.
They may not prescribe their own manner of execution of the act. They have no
discretion on this matter except to see to it that the rules are followed.16
Based on this, the supervisory authority of the Court over the JBC covers the
overseeing of compliance with its rules. In this case, Jardelezas principal
allegations in his petition merit the exercise of this supervisory authority.
B Availability of the Remedy of Mandamus
The Court agrees with the JBC that a writ of mandamus is not available.
Mandamus lies to compel the performance, when refused, of a ministerial duty, but
not to compel the performance of a discretionary duty. Mandamus will not issue to
control or review the exercise of discretion of a public officer where the law imposes
upon said public officer the right and duty to exercise his judgment in reference to
any matter in which he is required to act. It is his judgment that is to be
_______________
16 Drilon v. Lim, G.R. No. 112497, August 4, 1994, 235 SCRA 135, 142.
VOL. 733, AUGUST 19, 2014
327

exercised and not that of the court.17 There is no question that the JBCs duty to
nominate is discretionary and it may not be compelled to do something.
C Availability of the Remedy of Certiorari
Respondent JBC opposed the petition for certiorari on the ground that it does not
exercise judicial or quasi-judicial functions. Under Section 1 of Rule 65, a writ of
certiorari is directed against a tribunal exercising judicial or quasi-judicial function.
Judicial functions are exercised by a body or officer clothed with authority to
determine what the law is and what the legal rights of the parties are with respect
to the matter in controversy. Quasi-judicial function is a term that applies to the
action or discretion of public administrative officers or bodies given the authority to
investigate facts or ascertain the existence of facts, hold hearings, and draw
conclusions from them as a basis for their official action using discretion of a judicial
nature.18 It asserts that in the performance of its function of recommending
appointees for the judiciary, the JBC does not exercise judicial or quasi-judicial
functions. Hence, the resort to such remedy to question its actions is improper.
In this case, Jardeleza cries that although he earned a qualifying number of votes in
the JBC, it was negated by the invocation of the unanimity rule on integrity in
violation of his right to due process guaranteed not only by the Constitution but by
the Councils own rules. For said reason, the Court is of the position that it can
exercise the expanded judicial
_______________
17 Paloma v. Mora, 507 Phil. 697; 470 SCRA 711 (2005).
18 Chamber of Real Estate and Builders Associations, Inc. (CREBA) v. Energy

Regulatory Commission (ERC) and Manila Electric Company (MERALCO), G.R. No.
174697, July 8, 2010, 624 SCRA 556.
328

power of review vested upon it by the 1987 Constitution. Thus:

Article VIII.
Section1.The judicial power is vested in one Supreme Court and in such lower
courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or instrumentality of the
Government.
It has been judicially settled that a petition for certiorari is a proper remedy to
question the act of any branch or instrumentality of the government on the ground
of grave abuse of discretion amounting to lack or excess of jurisdiction by any branch
or instrumentality of the government, even if the latter does not exercise judicial,
quasi-judicial or ministerial functions.19
In a case like this, where constitutional bearings are too blatant to ignore, the Court
does not find passivity as an alternative. The impasse must be overcome.
II Substantial Issues
Examining the Unanimity Rule of the JBC in cases where an applicants integrity is
challenged
The purpose of the JBCs existence is indubitably rooted in the categorical

constitutional declaration that [a] member of the judiciary must be a person of
proven competence, integ_______________
19 Araullo v. Aquino III, G.R. No. 209287, July 1, 2014, 728 SCRA 1.
VOL. 733, AUGUST 19, 2014
329

rity, probity, and independence. To ensure the fulfillment of these standards in
every member of the Judiciary, the JBC has been tasked to screen aspiring judges
and justices, among others, making certain that the nominees submitted to the
President are all qualified and suitably best for appointment. In this way, the
appointing process itself is shielded from the possibility of extending judicial
appointment to the undeserving and mediocre and, more importantly, to the
ineligible or disqualified.
In the performance of this sacred duty, the JBC itself admits, as stated in the
whereas clauses of JBC-009, that qualifications such as competence, integrity,
probity and independence are not easily determinable as they are developed and
nurtured through the years. Additionally, it is not possible or advisable to lay
down iron-clad rules to determine the fitness of those who aspire to become a
Justice, Judge, Ombudsman or Deputy Ombudsman. Given this realistic situation,
there is a need to promote stability and uniformity in JBCs guiding precepts and
principles. A set of uniform criteria had to be established in the ascertainment of
whether one meets the minimum constitutional qualifications and possesses
qualities of mind and heart expected of him and his office. Likewise for the sake of
transparency of its proceedings, the JBC had put these criteria in writing, now in
the form of JBC-009. True enough, guidelines have been set in the determination of
competence,20 probity and
_______________
20 Rule 3. SEC.1.Guidelines in determining competence.In determining the
competence of the applicant or recommendee for appointment, the Council shall
consider his educational preparation, experience, performance and other
accomplishments including the completion of the prejudicature program of the
Philippine Judicial Academy; provided, however, that in places where the number of
applicants or recommendees is insufficient and the prolonged vacancy in the court
concerned will prejudice the administration of justice, strict compliance with the
requirement of completion of the prejudicature program shall be deemed directory.

(Effective Dec. 1, 2003)
330

independence,21 soundness of physical and mental condi_______________

SEC.2.Educational preparation.The Council shall evaluate the applicants (a)
scholastic record up to completion of the degree in law and other baccalaureate and
post-graduate degrees obtained; (b) bar examination performance; (c) civil service
eligibilities and grades in other government examinations; (d) academic awards,
scholarships or grants received/obtained; and (e) membership in local or
international honor societies or professional organizations.
SEC.3.Experience.The experience of the applicant in the following shall be
considered:
(a) Government service, which includes that in the Judiciary (Court of Appeals,
Sandiganbayan, and courts of the first and second levels); the Executive
Department (Office of the President proper and the agencies attached thereto and
the Cabinet); the Legislative Department (elective or appointive positions);
Constitutional Commissions or Offices; Local Government Units (elective and
appointive positions); and quasi-judicial bodies.
(b) Private Practice, which may either be general practice, especially in courts of
justice, as proven by, among other documents, certifications from Members of the
Judiciary and the IBP and the affidavits of reputable persons; or specialized
practice, as proven by, among other documents, certifications from the IBP and
appropriate government agencies or professional organizations, as well as teaching
or administrative experience in the academe; and
(c) Others, such as service in international organizations or with foreign
governments or other agencies.
SEC.4.Performance.(a) The applicant who is in government service shall
submit his performance ratings, which shall include a verified statement as to such
performance for the past three years.
(b)For incumbent Members of the Judiciary who seek a promotional or lateral
appointment, performance may be based on landmark decisions penned; court
records as to status of docket; reports of the Office of the Court Administrator;

verified feedback from the IBP; and a verified statement as to his performance for
the past three years, which shall include his caseload, his average monthly output in
all actions and proceedings, the number of cases deemed submitted and the date
they were deemed submitted, and the number of his decisions during the
immediately preceding two-year period appealed to a higher court and the
percentage of affirmance thereof.
SEC.5.Other accomplishments.The Council shall likewise consider other
accomplishments of the applicant, such as authorship of law books, treatises,
articles and other legal writings, whether published or not; and leadership in
professional, civic or other organizations.
21 Rule5.SECTION1.Evidence of probity and independence.Any evidence
relevant to the candidates probity and independence such as, but not limited to,
decisions he has rendered if he is an incumbent member of the judiciary or reflective
of the soundVOL. 733, AUGUST 19, 2014
331
tion,22 and integrity.23

_______________
ness of his judgment, courage, rectitude, cold neutrality and strength of character
shall be considered.
SEC.2.Testimonials of probity and independence.The Council may likewise
consider validated testimonies of the applicants probity and independence from
reputable officials and impartial organizations.
22 Rule 6.SECTION1.Good health.Good physical health and sound
mental/psychological and emotional condition of the applicant play a critical role in
his capacity and capability to perform the delicate task of administering justice. The
applicant or the recommending party shall submit together with his application or
the recommendation a sworn medical certificate or the results of an executive
medical examination issued or conducted, as the case may be, within two months
prior to the filing of the application or recommendation. At its discretion, the
Council may require the applicant to submit himself to another medical and
physical examination if it still has some doubts on the findings contained in the
medical certificate or the results of the executive medical examination.
SEC.2.Psychological/psychiatric tests.The applicant shall submit to
psychological/psychiatric tests to be conducted by the Supreme Court Medical Clinic
or by a psychologist and/or psychiatrist duly accredited by the Council.
23 Rule 4. SECTION1.Evidence of integrity.The Council shall take every
possible step to verify the applicants record of and reputation for honesty, integrity,
incorruptibility, irreproachable conduct, and fidelity to sound moral and ethical
standards. For this purpose, the applicant shall submit to the Council certifications
or testimonials thereof from reputable government officials and nongovernmental
organizations, and clearances from the courts, National Bureau of Investigation,
police, and from such other agencies as the Council may require.
SEC.2.Background check.The Council may order a discreet background check
on the integrity, reputation and character of the applicant, and receive feedback
thereon from the public, which it shall check or verify to validate the merits thereof.
SEC.3.Testimony of parties.The Council may receive written opposition to an
applicant on ground of his moral fitness and, at its discretion, the Council may
due notice to the appli-
332

As disclosed by the guidelines and lists of recognized evidence of qualification laid

down in JBC-009, integrity is closely related to, or if not, approximately equated to
an applicants good reputation for honesty, incorruptibility, irreproachable conduct,
and fidelity to sound moral and ethi_______________
cant who shall be allowed to cross-examine the oppositor and to offer countervailing
evidence.
SEC.4.Anonymous complaints.Anonymous complaints against an applicant
Council may either direct a discreet investigation or require the applicant to
comment thereon in writing or during the interview.
SEC.5.Disqualification.The following are disqualified from being nominated for
appointment to any judicial post or as Ombudsman or Deputy Ombudsman:
1.Those with pending criminal or regular administrative cases;
2.Those with pending criminal cases in foreign courts or tribunals; and
3. Those who have been convicted in any criminal case; or in an administrative
case, where the penalty imposed is at least a fine of more than P10,000, unless he
has been granted judicial clemency.
SEC.6.Other instances of disqualification.Incumbent judges, officials or
personnel of the Judiciary who are facing administrative complaints under informal
preliminary investigation (IPI) by the Office of the Court Administrator may
likewise be disqualified from being nominated if, in the determination of the
Council, the charges are serious or grave as to affect the fitness of the applicant for
nomination.
For purposes of this Section and of the preceding Section 5 insofar as pending
regular administrative cases are concerned, the Secretary of the Council shall, from
time to time, furnish the Office of the Court Administrator the name of an applicant
upon receipt of the application/recommendation and completion of the required
papers; and within ten days from receipt thereof the Court Administrator shall
report in writing to the Council whether or not the applicant is facing a regular
administrative case or an IPI case and the status thereof. In regard to the IPI case,
the Court Administrator shall attach to his report copies of the complaint and the
comment of the respondent.
VOL. 733, AUGUST 19, 2014
333

cal standards. That is why proof of an applicants reputation may be shown in
certifications or testimonials from reputable government officials and
nongovernmental organizations and clearances from the courts, National Bureau of
Investigation, and the police, among others. In fact, the JBC may even conduct a
discreet background check and receive feedback from the public on the integrity,
reputation and character of the applicant, the merits of which shall be verified and
checked. As a qualification, the term is taken to refer to a virtue, such that,
integrity is the quality of persons character.24
The foregoing premise then begets the question: Does Rule 2, Section 10 of JBC-009,
in imposing the unanimity rule, contemplate a doubt on the moral character of an
applicant?
Section 2, Rule 10 of JBC-009 provides:
SEC.2.Votes required when integrity of a qualified applicant is challenged.In
every case where the integrity of an applicant who is not otherwise disqualified for
nomination is raised or challenged, the affirmative vote of all the Members of the
Council must be obtained for the favorable consideration of his nomination.
A simple reading of the above provision undoubtedly elicits the rule that a higher
voting requirement is absolute in cases where the integrity of an applicant is
questioned. Simply put, when an integrity question arises, the voting requirement
for his or her inclusion as a nominee to a judicial post becomes unanimous instead
of the majority vote required in the preceding section.25 Considering that JBC-009
employs the term integrity as an essential qualification for appointment, and its
doubtful existence in a person merits a higher hurdle
_______________
24
Stanford
Encyclopedia
of
Philosophy;
entries/integrity/, last accessed August 18, 2014.
http://plato.stanford.edu/
25 Section1.Votes required for inclusion as nominee.No applicant shall be

considered for nomination for appointment to a judicial position unless he shall
obtain the affirmative vote of at least a majority of all the Members of the Council.
334

to surpass, that is, the unanimous vote of all the members of the JBC, the Court is of
the safe conclusion that integrity as used in the rules must be interpreted
uniformly. Hence, Section 2, Rule 10 of JBC-009 envisions only a situation where an
applicants moral fitness is challenged. It follows then that the unanimity rule only
comes into operation when the moral character of a person is put in issue. It finds
no application where the question is essentially unrelated to an applicants moral
uprightness.
Examining the questions of integrity made against Jardeleza
The Court will now examine the propriety of applying Section 2, Rule 10 of JBC-009
to Jardelezas case.
The minutes of the JBC meetings, attached to the Supplemental Comment-Reply,
reveal that during the June 30, 2014 meeting, not only the question on his
actuations in the handling of a case was called for explanation by the Chief Justice,
but two other grounds as well tending to show his lack of integrity: a supposed
extra-marital affair in the past and alleged acts of insider trading.26
Against this factual backdrop, the Court notes that the initial or original invocation
of Section 2, Rule 10 of JBC-009 was grounded on Jardelezas inability to discharge
the duties of his office as shown in a legal memorandum related to Jardelezas
manner of representing the government in a legal dispute. The records bear that the
unanimity rule was initially invoked by Chief Justice Sereno during the JBC
meeting held on June 5, 2014, where she expressed her position that Jardeleza did
not possess the integrity required to be a member of the Court.27 In the same
meeting, the Chief Justice shared with the other JBC members the details of
Jardelezas chosen manner of framing the governments position in a case
_______________
26 Minutes, June 30, 2014; Rollo, pp. 207-216, 211.
27 Minutes, June 5, 2014; id., at pp. 197-201.
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and how this could have been detrimental to the national interest.
In the JBCs original comment, the details of the Chief Justices claim against
Jardelezas integrity were couched in general terms. The particulars thereof were
only supplied to the Court in the JBCs Supplemental Comment-Reply. Apparently,
the JBC acceded to Jardelezas demand to make the accusations against him public.
At the outset, the JBC declined to raise the fine points of the integrity question in
its original Comment due to its significant bearing on the countrys foreign relations
and national security. At any rate, the Court restrains itself from delving into the
details thereof in this disposition. The confidential nature of the document cited
therein, which requires the observance of utmost prudence, preclude a discussion
that may possibly affect the countrys position in a pending dispute.
Be that as it may, the Court has to resolve the standing questions: Does the original
invocation of Section 2, Rule 10 of JBC-009 involve a question on Jardelezas
integrity? Does his adoption of a specific legal strategy in the handling of a case
bring forth a relevant and logical challenge against his moral character? Does the
unanimity rule apply in cases where the main point of contention is the
professional judgment sans charges or implications of immoral or corrupt behavior?
The Court answers these questions in the negative.
While Chief Justice Sereno claims that the invocation of Section 2, Rule 10 of JBC009 was not borne out of a mere variance of legal opinion but by an act of
disloyalty committed by Jardeleza in the handling of a case, the fact remains that
the basis for her invocation of the rule was the disagreement in legal strategy as
expressed by a group of international lawyers. The approach taken by Jardeleza in
that case was opposed to that preferred by the legal team. For said reason, criticism
was hurled against his integrity. The invocation of the unanimity rule on
integrity traces its roots to the exercise of his discretion as a lawyer and nothing
else. No
336

connection was established linking his choice of a legal strategy to a treacherous

intent to trounce upon the countrys interests or to betray the Constitution.
Verily, disagreement in legal opinion is but a normal, if not an essential form of,
interaction among members of the legal community. A lawyer has complete
discretion on what legal strategy to employ in a case entrusted to him28 provided
that he lives up to his duty to serve his client with competence and diligence, and
that he exert his best efforts to protect the interests of his client within the bounds
of the law. Consonantly, a lawyer is not an insurer of victory for clients he
represents. An infallible grasp of legal principles and technique by a lawyer is a
utopian ideal. Stripped of a clear showing of gross neglect, iniquity, or immoral
purpose, a strategy of a legal mind remains a legal tactic acceptable to some and
deplorable to others. It has no direct bearing on his moral choices.
As shown in the minutes, the other JBC members expressed their reservations on
whether the ground invoked by Chief Justice Sereno could be classified as a
question of integrity under Section 2, Rule 10 of JBC-009.29 These reservations
were evidently sourced from the fact that there was no clear indication that the
tactic was a brainchild of Jardeleza, as it might have been a collective idea by the
legal team which initially sought a different manner of presenting the countrys
arguments, and there was no showing either of a corrupt purpose on his part.30
Even Chief Justice Sereno was not certain that Jardelezas acts were urged by
politicking or lured by extraneous promises.31 Besides, the President, who has the
final say on the conduct of the countrys advocacy in the case, has given no signs
that Jardelezas action consti_______________
28 Mattus v. Villaseca, A.C. No. 7922, October 1, 2013, 706 SCRA 477.
29 Minutes, June 5, 2014; Rollo, p. 199.
30 Id.
31 Minutes, June 16, 2014; id., at p. 203.
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337

tuted disloyalty or a betrayal of the countrys trust and interest. While this point
does not entail that only the President may challenge Jardelezas doubtful integrity,
it is commonsensical to assume that he is in the best position to suspect a
treacherous agenda. The records are bereft of any information that indicates this
suspicion. In fact, the Comment of the Executive Secretary expressly prayed for
Jardelezas inclusion in the disputed short list.
The Court notes the zeal shown by the Chief Justice regarding international cases,
given her participation in the PIATCO case and the Belgian Dredging case. Her
efforts in the determination of Jardelezas professional background, while
commendable, have not produced a patent demonstration of a connection between
the act complained of and his integrity as a person. Nonetheless, the Court cannot
consider her invocation of Section 2, Rule 10 of JBC-009 as conformably within the
contemplation of the rule. To fall under Section 2, Rule 10 of JBC-009, there must
be a showing that the act complained of is, at the least, linked to the moral
character of the person and not to his judgment as a professional. What this
disposition perceives, therefore, is the inapplicability of Section 2, Rule 10 of JBC009 to the original ground of its invocation.
As previously mentioned, Chief Justice Sereno raised the issues of Jardelezas
alleged extra-marital affair and acts of insider-trading for the first time only during
the June 30, 2014 meeting of the JBC. As can be gleaned from the minutes of the
June 30, 2014 meeting, the inclusion of these issues had its origin from newspaper
reports that the Chief Justice might raise issues of immorality against
Jardeleza.32 The Chief Justice then deduced that the immorality issue referred to
by the media might have been the incidents that could have transpired when
Jardeleza was still the General Counsel of San Miguel Corporation. She stated that
inasmuch
_______________
32 Minutes, June 30, 2014.
338

as the JBC had the duty to take every possible step to verify the qualification of the
applicants, it might as well be clarified.33
Do these issues fall within the purview of questions on integrity under Section 2,
Rule 10 of JBC-009? The Court nods in assent. These are valid issues.
This acquiescence is consistent with the Courts discussion, supra. Unlike the first
ground which centered on Jardelezas stance on the tactical approach in pursuing
the case for the government, the claims of an illicit relationship and acts of insider
trading bear a candid relation to his moral character. Jurisprudence34 is replete
with cases where a lawyers deliberate participation in extra-marital affairs was
considered as a disgraceful stain on ones ethical and moral principles. The bottom
line is that a lawyer who engages in extra-marital affairs is deemed to have failed to
adhere to the exacting standards of morality and decency which every member of
the Judiciary is expected to observe. In fact, even relationships which have never
gone physical or intimate could still be subject to charges of immorality, when a
lawyer, who is married, admits to having a relationship which was more than
professional, more than acquaintanceship, more than friendly.35 As the Court has
held: Immorality has not been confined to sexual matters, but includes conduct
inconsistent with rectitude, or indicative of corruption, indecency, depravity and
dissoluteness; or is willful, flagrant, or shameless conduct showing moral
indifference to opinions of respectable members of the community and an
inconsiderate attitude toward good order and public welfare.36 Moral character is
not
_______________
33 Rollo, p. 209.
34 Guevarra v. Atty. Eala, 555 Phil. 713; 529 SCRA 1 (2007); and Samaniego v.
Atty. Ferrer, 578 Phil. 1; 555 SCRA 1 (2008).
35 Geroy v. Hon. Calderon, 593 Phil. 585, 597; 573 SCRA 188, 202 (2008).
36 Judge Florencia D. Sealana-Abbu v. Doreza Laurenciana-Hurao and Pauleen
Subido, 558 Phil. 24; 531 SCRA 289 (2007).
VOL. 733, AUGUST 19, 2014
339

a subjective term but one that corresponds to objective reality.37 To have a good
moral character, a person must have the personal characteristic of being good. It is
not enough that he or she has a good reputation, that is, the opinion generally
entertained about a person or the estimate in which he or she is held by the public
in the place where she is known.38 Hence, lawyers are at all times subject to the
watchful public eye and community approbation.39
The element of willingness to linger in indelicate relationships imputes a
weakness in ones values, self-control and on the whole, sense of honor, not only
because it is a bold disregard of the sanctity of marriage and of the law, but because
it erodes the publics confidence in the Judiciary. This is no longer a matter of an
honest lapse in judgment but a dissolute exhibition of disrespect toward sacred vows
taken before God and the law.
On the other hand, insider trading is an offense that assaults the integrity of our
vital securities market.40 Manipulative devices and deceptive practices, including
insider trading, throw a monkey wrench right into the heart of the securities
industry. When someone trades in the market with unfair advantage in the form of
highly valuable secret inside information, all other participants are defrauded. All of
the mechanisms become worthless. Given enough of stock market scandals coupled
with the related loss of faith in the market, such abuses could presage a severe
drain of capital. And in
_______________
37 Tolentino v. Atty. Norberto Mendoza, A.C. No. 5151, October 19, 2004, 440 SCRA
519.
38 Garrido v. Atty. Garrido, A.C. No. 6593, February 4, 2010, 611 SCRA 508:
http://sc.judiciary.gov.ph/jurisprudence/2010/February2010/
6593.htm; last visited August 15, 2014.
39 Maria Victoria Ventura v. Atty. Danilo Samson, A.C. No. 9608, November 27,
2012, 686 SCRA 430.
40 Justice Tinga, Concurring Opinion, Securities and Exchange Commission v.
Interport Resources Corporation, G.R. No. 135808, October 6, 2008, 588 Phil. 651;
567 SCRA 354 (2008).
340

vestors would eventually feel more secure with their money invested elsewhere.41 In
its barest essence, insider trading involves the trading of securities based on
knowledge of material information not disclosed to the public at the time. Clearly,
an allegation of insider trading involves the propensity of a person to engage in
fraudulent activities that may speak of his moral character.
These two issues can be properly categorized as questions on integrity under
Section 2, Rule 10 of JBC-009. They fall within the ambit of questions on integrity.
Hence, the unanimity rule may come into operation as the subject provision is
worded.
The Availability of Due Process in the Proceedings of the JBC
In advocacy of his position, Jardeleza argues that: 1] he should have been informed
of the accusations against him in writing; 2] he was not furnished the basis of the
accusations, that is, a very confidential legal memorandum that clarifies the
integrity objection; 3] instead of heeding his request for an opportunity to defend
himself, the JBC considered his refusal to explain, during the June 30, 2014
meeting, as a waiver of his right to answer the unspecified allegations; 4] the voting
of the JBC was railroaded; 5] the alleged discretionary nature of Sections 3 and 4
of JBC-009 is negated by the subsequent effectivity of JBC-010, Section 1(2) of
which provides for a 10-day period from the publication of the list of candidates
within which any complaint or opposition against a candidate may be filed with the
JBC Secretary; 6] Section 2 of JBC-010 requires complaints and oppositions to be in
writing and under oath, copies of which shall be furnished the candidate in order for
him to file his comment within five (5)
_______________
41 Securities and Exchange Commission v. Interport Resources Corporation, G.R.
No. 135808, October 6, 2008, 567 SCRA 354, citing Colin Chapman, How the Stock
Market Works, pp. 151-152 (1988 ed.).
VOL. 733, AUGUST 19, 2014
341

days from receipt thereof; and 7] Sections 3 to 6 of JBC-010 prescribe a logical,
reasonable and sequential series of steps in securing a candidates right to due
process.
The JBC counters these by insisting that it is not obliged to afford Jardeleza the
right to a hearing in the fulfillment of its duty to recommend. The JBC, as a body, is
not required by law to hold hearings on the qualifications of the nominees. The
process by which an objection is made based on Section 2, Rule 10 of JBC-009 is not
judicial, quasi-judicial, or fact-finding, for it does not aim to determine guilt or
innocence akin to a criminal or administrative offense but to ascertain the fitness of
an applicant vis--vis the requirements for the position. Being sui generis, the
proceedings of the JBC do not confer the rights insisted upon by Jardeleza. He may
not exact the application of rules of procedure which are, at the most, discretionary
or optional. Finally, Jardeleza refused to shed light on the objections against him.
During the June 30, 2014 meeting, he did not address the issues, but instead chose
to tread on his view that the Chief Justice had unjustifiably become his accuser,
prosecutor and judge.
The crux of the issue is on the availability of the right to due process in JBC
proceedings. After a tedious review of the parties respective arguments, the Court
concludes that the right to due process is available and thereby demandable as a
matter of right.
The Court does not brush aside the unique and special nature of JBC proceedings.
Indeed, they are distinct from criminal proceedings where the finding of guilt or
innocence of the accused is sine qua non. The JBCs constitutional duty to
recommend qualified nominees to the President cannot be compared to the duty of
the courts of law to determine the commission of an offense and ascribe the same to
an accused, consistent with established rules on evidence. Even the quantum of
evidence required in criminal cases is far from the discretion accorded to the JBC.
342

The Court, however, could not accept, lock, stock and barrel, the argument that an
applicants access to the rights afforded under the due process clause is
discretionary on the part of the JBC. While the facets of criminal42 and
administrative43 due process are not strictly applicable to JBC proceed42 Article 3 of the 1987 Constitution guarantees the rights of the accused,
including the right to be presumed innocent until proven guilty, the right to enjoy
due process under the law, and the right to a speedy, public trial. Those accused
must be informed of the charges against them and must be given access to
competent, independent counsel, and the opportunity to post bail, except in
instances where there is strong evidence that the crime could result in the
maximum punishment of life imprisonment. Habeas corpus protection is extended to
all except in cases of invasion or rebellion. During a trial, the accused are entitled to
be present at every proceeding, to compel witnesses, to testify and cross-examine
them and to testify or be exempt as a witness. Finally, all are guaranteed freedom
from double jeopardy and, if convicted, the right to appeal.
43 (1) The right to a hearing which includes the right of the party interested or
affected to present his own case and submit evidence in support thereof.
(2)Not only must the party be given an opportunity to present his case and to
adduce evidence tending to establish the rights which he asserts but the tribunal
must consider the evidence presented.
(3) While the duty to deliberate does not impose the obligation to decide right, it
does imply a necessity which cannot be disregarded, namely, that of having
something to support its decision. A decision with absolutely nothing to support it is
a nullity, a place when directly attached.
(4)Not only must there be some evidence to support a finding or conclusion but the
evidence must be substantial. Substantial evidence is more than a mere scintilla.
It means such relevant evidence as a reasonable mind might accept as adequate to

support a conclusion.
(5) The decision must be rendered on the evidence presented at the hearing, or at
least contained in the record and disclosed to the parties affected.
VOL. 733, AUGUST 19, 2014
343

ings, their peculiarity is insufficient to justify the conclusion that due process is not
demandable.
In JBC proceedings, an aspiring judge or justice justifies his qualifications for the
office when he presents proof of his scholastic records, work experience and laudable
citations. His goal is to establish that he is qualified for the office applied for. The
JBC then takes every possible step to verify an applicants track record for the
purpose of determining whether or not he is qualified for nomination. It ascertains
the factors which entitle an applicant to become a part of the roster from which the
President appoints.
The fact that a proceeding is sui generis and is impressed with discretion, however,
does not automatically denigrate an applicants entitlement to due process. It is
well-established in jurisprudence that disciplinary proceedings against lawyers are
sui generis in that they are neither purely civil nor purely criminal; they involve
investigations by the Court into the conduct of one of its officers, not the trial of an
action or a suit.44 Hence, in the exercise of its disciplinary powers, the Court merely
calls upon a member of the Bar to account for his actuations as an officer of the
Court with the end in view of preserving the purity of the legal profession and the
proper and honest administration of justice by purging the profession
_______________
(6)The Court of Industrial Relations or any of its judges, therefore, must act on its
or his own independent consideration of the law and facts of the controversy, and not
simply accept the views of a subordinate in arriving at a decision.
(7) The Court of Industrial Relations should, in all controversial questions, render
its decision in such a manner that the parties to the proceeding can know the
various issues involved, and the reasons for the decisions rendered. The
performance of this duty is inseparable from the authority conferred upon it. (Ang
Tibay v. CIR, 69 Phil. 635 [1940]).
44 Fe A. Ylaya v. Atty. Glenn Carlos Gacott, A.C. No. 6475, January 30, 2013, 689
SCRA 453, citing Pena v. Aparicio, 522 Phil. 512; 525 SCRA 444 (2007).
344

of members who, by their misconduct, have proved themselves no longer worthy to

be entrusted with the duties and responsibilities pertaining to the office of an
attorney. In such posture, there can be no occasion to speak of a complainant or a
prosecutor.45 On the whole, disciplinary proceedings are actually aimed to verify
and finally determine, if a lawyer charged is still qualified to benefit from the rights
and privileges that membership in the legal profession evoke.
Notwithstanding being a class of its own, the right to be heard and to explain ones
self is availing. The Court subscribes to the view that in cases where an objection to
an applicants qualifications is raised, the observance of due process neither negates
nor renders illusory the fulfillment of the duty of JBC to recommend. This holding is
not an encroachment on its discretion in the nomination process. Actually, its
adherence to the precepts of due process supports and enriches the exercise of its
discretion. When an applicant, who vehemently denies the truth of the objections, is
afforded the chance to protest, the JBC is presented with a clearer understanding of
the situation it faces, thereby guarding the body from making an unsound and
capricious assessment of information brought before it. The JBC is not expected to
strictly apply the rules of evidence in its assessment of an objection against an
applicant. Just the same, to hear the side of the person challenged complies with the
dictates of fairness for the only test that an exercise of discretion must surmount is
that of soundness.
A more pragmatic take on the matter of due process in JBC proceedings also
compels the Court to examine its current rules. The pleadings of the parties
mentioned two: 1] JBC-009 and 2] JBC-010. The former provides the following
provisions pertinent to this case:
_______________
45 Id.
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345

SECTION1.Evidence of integrity.The Council shall take every possible step to
verify the applicants record of and reputation for honesty, integrity, incorruptibility,
irreproachable conduct, and fidelity to sound moral and ethical standards. For this
purpose, the applicant shall submit to the Council certifications or testimonials
thereof from reputable government officials and nongovernmental organizations,
and clearances from the courts, National Bureau of Investigation, police, and from
such other agencies as the Council may require.
SECTION2.Background check.The Council may order a discreet background
check on the integrity, reputation and character of the applicant, and receive
feedback thereon from the public, which it shall check or verify to validate the
merits thereof.
SECTION3.Testimony of parties.The Council may receive written opposition
to an applicant on ground of his moral fitness and, at its discretion, the Council
may receive the testimony of the oppositor at a hearing conducted for the purpose,
with due notice to the applicant who shall be allowed to cross-examine the oppositor
and to offer countervailing evidence.
SECTION4.Anonymous
complaints.Anonymous
complaints
against
an
applicant shall not be given due course, unless there appears on its face a probable
cause sufficient to engender belief that the allegations may be true. In the latter
case, the Council may either direct a discreet investigation or require the applicant
to comment thereon in writing or during the interview. [Emphases Supplied]
While the unanimity rule invoked against him is found in JBC-009, Jardeleza
urges the Court to hold that the subsequent rule, JBC-010,46 squarely applies to his
case. Entitled as a Rule to Further Promote Public Awareness of and Accessibility
to the Proceedings of the Judicial and Bar Council,
_______________
46 Which took effect on October 1, 2002.
346

JBC-010 recognizes the need for transparency and public awareness of JBC
proceedings. In pursuance thereof, JBC-010 was crafted in this wise:
SECTION1.The Judicial and Bar Council shall deliberate to determine who of

the candidates meet prima facie the qualifications for the position under
consideration. For this purpose, it shall prepare a long list of candidates who prima
facie appear to have all the qualifications.
The Secretary of the Council shall then cause to be published in two (2) newspapers
of general circulation a notice of the long list of candidates in alphabetical order.
The notice shall inform the public that any complaint or opposition against a
candidate may be filed with the Secretary within ten (10) days thereof.
SECTION2.The complaint or opposition shall be in writing, under oath and in
ten (10) legible copies, together with its supporting annexes. It shall strictly relate
to the qualifications of the candidate or lack thereof, as provided for in the
Constitution, statutes, and the Rules of the Judicial and Bar Council, as well as
resolutions or regulations promulgated by it.
The Secretary of the Council shall furnish the candidate a copy of the complaint or
opposition against him. The candidate shall have five (5) days from receipt thereof
within which to file his comment to the complaint or opposition, if he so desires.
SECTION3.The Judicial and Bar Council shall fix a date when it shall meet in
executive session to consider the qualification of the long list of candidates and the
complaint or opposition against them, if any. The Council may, on its own, conduct a
discreet investigation of the background of the candidates.
On the basis of its evaluation of the qualification of the candidates, the Council shall
prepare the shorter list of candidates whom it desires to interview for its further
consideration.
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347

SECTION4.The Secretary of the Council shall again cause to be published the
dates of the interview of candidates in the shorter list in two (2) newspapers of
general circulation. It shall likewise be posted in the websites of the Supreme Court
and the Judicial and Bar Council.
The candidates, as well as their oppositors, shall be separately notified of the date
and place of the interview.
SECTION5.The interviews shall be conducted in public. During the interview,
only the members of the Council can ask questions to the candidate. Among other
things, the candidate can be made to explain the complaint or opposition
against him.
SECTION6.After the interviews, the Judicial and Bar Council shall again meet
in executive session for the final deliberation on the short list of candidates which
shall be sent to the Office of the President as a basis for the exercise of the
Presidential power of appointment. [Emphases supplied]
Anent the interpretation of these existing rules, the JBC contends that Sections 3
and 4, Rule 10 of JBC-009 are merely directory in nature as can be gleaned from the
use of the word may. Thus, the conduct of a hearing under Rule 4 of JBC-009 is
permissive and/or discretionary on the part of the JBC. Even the conduct of a
hearing to determine the veracity of an opposition is discretionary for there are
ways, besides a hearing, to ascertain the truth or falsity of allegations. Succinctly,
this argument suggests that the JBC has the discretion to hold or not to hold a
hearing when an objection to an applicants integrity is raised and that it may
resort to other means to accomplish its objective. Nevertheless, JBC adds, what is
mandatory, however, is that if the JBC, in its discretion, receives a testimony of an
oppositor in a hearing, due notice shall be given to the applicant and that shall be
allowed to cross-examine the oppositor.47
_______________
47 JBC Original Comment; Rollo, p. 59.
348

Again, the Court neither intends to strip the JBC of its discretion to recommend
nominees nor proposes that the JBC conduct a full-blown trial when objections to an
application are submitted. Still, it is unsound to say that, all together, the
observance of due process is a part of JBCs discretion when an opposition to an
application is made of record. While it may so rely on other means such as
character clearances, testimonials, and discreet investigation to aid it in forming a
judgment of an applicants qualifications, the Court cannot accept a situation where
JBC is given a full rein on the application of a fundamental right whenever a
persons integrity is put to question. In such cases, an attack on the person of the
applicant necessitates his right to explain himself.
The JBCs own rules convince the Court to arrive at this conclusion. The subsequent
issuance of JBC-010 unmistakably projects the JBCs deference to the grave import
of the right of the applicant to be informed and corollary thereto, the right to be
heard. The provisions of JBC-010, per se, provide that: any complaint or opposition
against a candidate may be filed with the Secretary within ten (10) days thereof; the
complaint or opposition shall be in writing, under oath and in ten (10) legible
copies; the Secretary of the Council shall furnish the candidate a copy of the
complaint or opposition against him; the candidate shall have five (5) days from
receipt thereof within which to file his comment to the complaint or opposition, if he
so desires; and the candidate can be made to explain the complaint or opposition
against him.
The Court may not close its eyes to the existence of JBC-010 which, under the rules
of statutory construction, bears great weight in that: 1] it covers any complaint or
opposition; 2] it employs the mandatory term, shall; and 3] most importantly, it
speaks of the very essence of due process. While JBC-010 does not articulate a
procedure that entails a trial-type hearing, it affords an applicant, who faces any
complaint or opposition, the right to answer the accusations against him. This
constitutes the minimum requirements of due process.
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349

Application to Jardelezas Case
Nearing the ultimate conclusion of this case, the Court is behooved to rule on
whether Jardeleza was deprived of his right to due process in the events leading up
to, and during, the vote on the short list last June 30, 2014.
The JBC gives great weight and substance to the fact that it gave Jardeleza the
opportunity to answer the allegations against him. It underscores the fact that
Jardeleza was asked to attend the June 30, 2014 meeting so that he could shed light
on the issues thrown at him. During the said meeting, Chief Justice Sereno
informed him that in connection with his candidacy for the position of Associate
Justice of the Supreme Court, the Council would like to propound questions on the
following issues raised against him: 1] his actuations in handling an international
arbitration case not compatible with public interest;48 2] reports on his extramarital affair in SMC; and 3] alleged insider trading which led to the show cause
order from the Philippine Stock Exchange.49
As Jardeleza himself admitted, he declined to answer or to explain his side, as he
would not want to be lulled into waiving his rights. Instead, he manifested that his
statement be put on record and informed the Council of the then pendency of his
letter-petition with the Court En Banc. When Chief Justice Sereno informed
Jardeleza that the Council would want to hear from him on the three (3) issues
against him, Jardeleza reasoned out that this was precisely the issue. He found it
irregular that he was not being given the opportunity to be heard per the JBC rules.
He asserted that a candidate must be given the opportunity to respond to the
charges against him. He urged the Chief Justice to step down from her pedestal and
translate the objections in writing. Towards the end of the meeting, the Chief
Justice said that both
_______________
48 Paraphrased from the JBC meetings in order to uphold confidentiality.

49 Minutes, June 30, 2014 meeting; Rollo, p. 211.
350

Jardelezas written and oral statements would be made part of the record. After
Jardeleza was excused from the conference, Justice Lagman suggested that the
voting be deferred, but the Chief Justice ruled that the Council had already
completed the process required for the voting to proceed.
After careful calibration of the case, the Court has reached the determination that
the application of the unanimity rule on integrity resulted in Jardelezas
deprivation of his right to due process.
As threshed out beforehand, due process, as a constitutional precept, does not
always and in all situations require a trial-type proceeding. Due process is satisfied
when a person is notified of the charge against him and given an opportunity to
explain or defend himself.50 Even as Jardeleza was verbally informed of the
invocation of Section 2, Rule 10 of JBC-009 against him and was later asked to
explain himself during the meeting, these circumstances still cannot expunge an
immense perplexity that lingers in the mind of the Court. What is to become of the
procedure laid down in JBC-010 if the same would be treated with indifference and
disregard? To repeat, as its wording provides, any complaint or opposition against a
candidate may be filed with the Secretary within ten (10) days from the publication
of the notice and a list of candidates. Surely, this notice is all the more conspicuous
to JBC members. Granting ex argumenti, that the 10-day period51 is only applicable
to the public, excluding the JBC members themselves, this does not discount the
fact that the invocation of the first ground in the June 5, 2014 meeting would have
raised procedural issues. To be fair, several members of the Council expressed their
concern and desire to hear out Jardeleza but the application of JBC-010 did not
form part of the agenda then. It was only during the next meeting
_______________
50 Ledesma v. Court of Appeals, 565 Phil. 731; 541 SCRA 444 (2007).
51 The official list of candidates was published in The Philippine Star on April 26,
2014. The 10-day period ended on May 6, 2014.
VOL. 733, AUGUST 19, 2014
351

on June 16, 2014, that the Council agreed to invite Jardeleza, by telephone, to a
meeting that would be held on the same day when a resource person would shed
light on the matter.
Assuming again that the classified nature of the ground impelled the Council to
resort to oral notice instead of furnishing Jardeleza a written opposition, why did
the JBC not take into account its authority to summon Jardeleza in confidence at an
earlier time? Is not the Council empowered to take every possible step to verify the
qualification of the applicants? It would not be amiss to state, at this point, that the
confidential legal memorandum used in the invocation of the unanimity rule was
actually addressed to Jardeleza, in his capacity as Solicitor General. Safe to assume
is his knowledge of the privileged nature thereof and the consequences of its
indiscriminate release to the public. Had he been privately informed of the
allegations against him based on the document and had he been ordered to respond
thereto in the same manner, Jardelezas right to be informed and to explain himself
would have been satisfied.
What precisely set off the protest of lack of due process was the circumstance of
requiring Jardeleza to appear before the Council and to instantaneously provide
those who are willing to listen an intelligent defense. Was he given the opportunity
to do so? The answer is yes, in the context of his physical presence during the
meeting. Was he given a reasonable chance to muster a defense? No, because he was
merely asked to appear in a meeting where he would be, right then and there,
subjected to an inquiry. It would all be too well to remember that the allegations of
his extra-marital affair and acts of insider trading sprung up only during the June
30, 2014 meeting. While the said issues became the object of the JBC discussion on
June 16, 2014, Jardeleza was not given the idea that he should prepare to affirm or
deny his past behavior. These circumstances preclude the very idea of due process in
which the right to explain oneself is given, not to ensnare by surprise, but to provide
the person a reasonable opportu-
352

nity and sufficient time to intelligently muster his response. Otherwise, the occasion
becomes an idle and futile exercise.
Needless to state, Jardelezas grievance is not an imagined slight but a real rebuff of
his right to be informed of the charges against him and his right to answer the same
with vigorous contention and active participation in the proceedings which would
ultimately decide his aspiration to become a magistrate of this Court.
Consequences
To write finis to this controversy and in view of the realistic and practical fruition of
the Courts findings, the Court now declares its position on whether or not Jardeleza
may be included in the short list, just in time when the period to appoint a member
of the Court is about to end.
The conclusion of the Court is hinged on the following pivotal points:
1. There was a misapplication of the unanimity rule under Section 2, Rule 10 of
JBC-009 as to Jardelezas legal strategy in handling a case for the government.
2. While Jardelezas alleged extra-marital affair and acts of insider trading fall
within the contemplation of a question on integrity and would have warranted the
application of the unanimity rule, he was not afforded due process in its
application.
3. The JBC, as the sole body empowered to evaluate applications for judicial posts,
exercises full discretion on its power to recommend nominees to the President. The
sui generis character of JBC proceedings, however, is not a blanket authority to

disregard the due process under JBC-010.
VOL. 733, AUGUST 19, 2014
353

4. Jardeleza was deprived of his right to due process when, contrary to the JBC
rules, he was neither formally informed of the questions on his integrity nor was
provided a reasonable opportunity to prepare his defense.
With the foregoing, the Court is compelled to rule that Jardeleza should have been
included in the short list submitted to the President for the vacated position of
Associate Justice Abad. This consequence arose not from the unconstitutionality of
Section 2, Rule 10 of JBC-009, per se, but from the violation by the JBC of its own
rules of procedure and the basic tenets of due process. By no means does the Court
intend to strike down the unanimity rule as it reflects the JBCs policy and,
therefore, wisdom in its selection of nominees. Even so, the Court refuses to turn a
blind eye on the palpable defects in its implementation and the ensuing treatment
that Jardeleza received before the Council. True, Jardeleza has no vested right to a
nomination, but this does not prescind from the fact that the JBC failed to observe
the minimum requirements of due process.
In criminal and administrative cases, the violation of a partys right to due process
raises a serious jurisdictional issue which cannot be glossed over or disregarded at
will. Where the denial of the fundamental right of due process is apparent, a
decision rendered in disregard of that right is void for lack of jurisdiction.52 This
rule may well be applied to the current situation for an opposing view submits to an
undue relaxation of the Bill of Rights. To this, the Court shall not concede. As the
branch of government tasked to guarantee that the protection of due process is
available to an individual in proper cases, the Court finds the subject short list as
_______________
52 PO2 Ruel C. Montoya v. Police Director Reynaldo P. Varilla and Atty. Rufino
Jeffrey I. Manere, 595 Phil. 507; 574 SCRA 831 (2008), citing State Prosecutors v.
Muro, Adm. Matter No. RTJ-92-876, 19 September 1994, 236 SCRA 505, 522-523.
354

tainted with a vice that it is assigned to guard against. Indeed, the invocation of
Section 2, Rule 10 of JBC-009 must be deemed to have never come into operation in
light of its erroneous application on the original ground against Jardelezas
integrity. At the risk of being repetitive, the Court upholds the JBCs discretion in
the selection of nominees, but its application of the unanimity rule must be
applied in conjunction with Section 2, Rule 10 of JBC-010 being invoked by
Jardeleza. Having been able to secure four (4) out of six (6) votes, the only
conclusion left to propound is that a majority of the members of the JBC,
nonetheless, found Jardeleza to be qualified for the position of Associate Justice and
this grants him a rightful spot in the short list submitted to the President.
Need to Revisit JBCs Internal Rules
In the Courts study of the petition, the comments and the applicable rules of the
JBC, the Court is of the view that the rules leave much to be desired and should be
reviewed and revised. It appears that the provision on the unanimity rule is vague
and unfair and, therefore, can be misused or abused resulting in the deprivation of
an applicants right to due process.
Primarily, the invocation of the unanimity rule on integrity is effectively a veto
power over the collective will of a majority. This should be clarified. Any assertion by
a member after voting seems to be unfair because it effectively gives him or her a
veto power over the collective votes of the other members in view of the unanimous
requirement. While an oppositor-member can recuse himself or herself, still the
probability of annulling the majority vote of the Council is quite high.
Second, integrity as a ground has not been defined. While the initial impression is
that it refers to the moral fiber of a candidate, it can be, as it has been, used to
mean other things. In fact, the minutes of the JBC meetings in this case reflect the
lack of consensus among the members as to its
VOL. 733, AUGUST 19, 2014
355

precise definition. Not having been defined or described, it is vague, nebulous and
confusing. It must be distinctly specified and delineated.
Third, it should explicitly provide who can invoke it as a ground against a
candidate. Should it be invoked only by an outsider as construed by the respondent
Executive Secretary or also by a member?
Fourth, while the JBC vetting proceedings is sui generis and need not be formal or
trial type, they must meet the minimum requirements of due process. As always, an
applicant should be given a reasonable opportunity and time to be heard on the
charges against him or her, if there are any.
At any rate, it is up to the JBC to fine-tune the rules considering the peculiar
nature of its function. It need not be stressed that the rules to be adopted should be
fair, reasonable, unambiguous and consistent with the minimum requirements of
due process.
One final note.
The Court disclaims that Jardelezas inclusion in the short list is an endorsement of
his appointment as a member of the Court. In deference to the Constitution and his
wisdom in the exercise of his appointing power, the President remains the ultimate
judge of a candidates worthiness.
WHEREFORE, the petition is GRANTED. Accordingly, it is hereby declared that
Solicitor General Francis H. Jardeleza is deemed INCLUDED in the short list
submitted to the President for consideration as an Associate Justice of the Supreme
Court vice Associate Justice Roberto A. Abad.
The Court further DIRECTS that the Judicial and Bar Council REVIEW, and
ADOPT, rules relevant to the observance of due process in its proceedings,
particularly JBC-009 and JBC-010, subject to the approval of the Court.
This Decision is immediately EXECUTORY. Immediately notify the Office of the

President of this Decision.
356

SO ORDERED.
Perez and Reyes, JJ., concur.
Sereno, CJ., No part.
Carpio, J., No part.
Velasco, Jr., J., I join the Dissent of J. Leonen.
Leonardo-De Castro, J., Please see my Separate Opinion concurring with the
ponencia of Justice Mendoza and the Separate Opinion of Justice Brion.
Brion, J., Pls. see: Separate Concurring Opinion.
Peralta, J., See Separate Opinion incorporating explanation of vote.
Bersamin, J., I also join the Separate Opinions of J. De Castro & J. Brion.
Del Castillo, J., I dissent on sole ground the decision may affect independence of
JBC.
Villarama, Jr., J., On Official Leave.
Perlas-Bernabe, J., I join the dissent of J. Leonen.
Leonen, J., I dissent. See Separate Opinion.
CONCURRING OPINION
LEONARDO-DE CASTRO,J.:
At the outset, it should be made very clear that this petition for certiorari and
mandamus with application for a temporary restraining order should be decided in
disregard of the personalities involved and stripped of the perceived politics that
surround it. There is one primordial matter that should concern the Court in this
instance and that is the concept of procedural fairness dictated by the due process
requirement mandated by the Constitution, as viewed within the context of the
special nature and functions of the Judicial and Bar Council (JBC). It is with this
framework in mind that I concur
VOL. 733, AUGUST 19, 2014
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with the ponencia and offer my thoughts on this case through this separate opinion.
Preliminary Issues
While I may agree with the JBCs proposition that mandamus cannot be availed of
to compel the performance of a discretionary act, it is already settled that a petition
for certiorari is nonetheless a proper remedy to question, on the ground of grave
abuse of discretion, the act of any branch or instrumentality of government,
regardless of the nature of its functions. The most recent articulation of this
doctrine can be found in Araullo v. Aquino III,1 where we held:
[T]he remedies of certiorari and prohibition are necessarily broader in scope and
reach, and the writ of certiorari or prohibition may be issued to correct errors of
jurisdiction committed not only by a tribunal, corporation, board or officer exercising
judicial, quasi-judicial or ministerial functions but also to set right, undo and
restrain any act of grave abuse of discretion amounting to lack or excess of
jurisdiction by any branch or instrumentality of the Government, even if the latter
does not exercise judicial, quasi-judicial or ministerial functions. This application is
expressly authorized by the text of the second paragraph of Section 1 [Article VIII of
the Constitution].
Thus, in my view, there is no procedural bar for this Court to take cognizance of this
case as a proper subject of certiorari proceedings.
I am also convinced from my perusal of the pleadings that petitioner has come to
this Court in his personal capacity and not as Solicitor General on a cause of action
that accrued to him outside his employment as the governments counsel. When
petitioner appeared before the JBC to be considered for
_______________
53 G.R. Nos. 209287, 209135, 209136, 209155, 209164, 209260, 209442, 209517 and
209569, July 1, 2014, 728 SCRA 1.
358

nomination to the vacancy in this Court, he was not representing the JBC in a legal
matter but was appearing simply as a candidate for a judicial position. There
appears to be no danger that petitioner would come by any information regarding
this case to the prejudice of respondents nor would he be in a position to breach any
fiduciary duty in relation to the present matter considering that respondents have
chosen not to be represented by the Office of the Solicitor General and are instead
represented by legal officers employed in their respective offices.
Substantive Issues
Petitioner was denied his constitutional right to due process.
I am willing to grant that the JBCs functions are not judicial such that a formal,
trial-type of hearing would be not be required in the discharge of its duties.
However, even in administrative or nonformal types of proceedings, there are
minimum requirements that must be met to protect the due process rights of the
persons subjected to an investigation, or in this case, an inquiry into their
qualifications for judicial office.
We have held that in administrative proceedings, the filing of charges and
giving reasonable opportunity for the person so charged to answer the
accusations against him constitute the minimum requirements of due process.2
The Court has also previously stated that the observance of fairness in the conduct
of any investigation is at the very heart of procedural due process.3
_______________
2 Rivas v. Sison, 498 Phil. 148, 154; 459 SCRA 102, 109 (2005).
3 Vivo v. Philippine Amusement and Gaming Corporation, G.R. No. 187854,
November 12, 2013, 709 SCRA 276.
359
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In his Concurring Opinion in Perez v. Philippine Telegraph and Telephone
Company,4 our esteemed colleague Associate Justice Arturo D. Brion traced the
historical development of procedural fairness in common law, to wit:
At its most basic, procedural due process is about fairness in the mode of
procedure to be followed. It is not a novel concept, but one that traces its roots in
the common law principle of natural justice.
Natural justice connotes the requirement that administrative tribunals, when
reaching a decision, must do so with procedural fairness. If they err, the superior
courts will step in to quash the decision by certiorari or prevent the error by a writ
of prohibition. The requirement was initially applied in a purely judicial
context, but was subsequently extended to executive regulatory factfinding, as the administrative powers of the English justices of the peace
were transferred to administrative bodies that were required to adopt some of
the procedures reminiscent of those used in a courtroom. Natural justice was

comprised of two main sub-rules: audi alteram partem that a person
must know the case against him and be given an opportunity to answer it;
and nemo judex in sua cause debe esse the rule against bias. Still much
later, the natural justice principle gave rise to the duty to be fair to cover
governmental decisions which cannot be characterized as judicial or
quasi-judicial in nature. (Emphases supplied; citations omitted)
To summarize, what procedural due process demands is that: (a) a person should
have adequate notice of the charge against him; (b) he is given a reasonable
opportunity to answer said charge; and (c) the proceedings to be conducted shall be
free from bias. These are the criteria against which we shall test the procedure that
the JBC applied to petitioner in the course of his candidacy to a vacancy in this
Court.
_______________
4 602 Phil. 522, 545; 584 SCRA 110, 130-131 (2009).
360
360

In line with Section 4, Rule 15 of JBC-009 or the Rules of the Judicial and Bar
Council, the JBC published on March 8, 2014 an announcement regarding the
opening, for application or recommendation, of the position of Associate Justice of
the Supreme Court in anticipation of the compulsory retirement of the Honorable
Roberto A. Abad on May 22, 2014.6 The deadline for submission of applications or
recommendations was set for March 18, 2014.
As mandated by the Constitution, a Member of the Supreme Court must be a
natural-born Filipino, at least forty years of age, and must have been for fifteen
years or more a judge of a lower court or engaged in the practice of law in the
Philippines.7 In addition to these basic qualifications, all members of the Judiciary
must be persons of proven competence, integrity, probity, and independence.8
In order to ensure that a candidate to a judicial position has the foregoing
qualifications, the JBC set forth the evidence that it may receive for each type of
qualification. Rule 3 of JBC-009 deals with how the JBC shall determine the
competence of applicants in terms of education, experience and performance. Rule 4
of JBC-009 involves guidelines on evaluating an applicants integrity. Rule 5 and
Rule 6 of JBC-009 provide for proof that may be considered for demonstrating an
_______________
5 SEC.4.Call for applications.(a) The occurrence of any vacancy in the
Supreme Court or in the Office of the Ombudsman opens, ipso facto, the vacant
position for filling and acceptance of applicants therefor.
(b) With the effective, efficient and expeditious administration of justice always in
mind, the Council shall open for applicants other vacancies in the Judiciary taking
into account the advice of the Supreme Court and of the condition of the dockets of
the positions involved.
6 Annex A, JBC Comment.
7 1987 Constitution, Article VIII, Section 7(1).
8 Id., Section 7(3).
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applicants probity/independence and his or her soundness of physical, mental, and
emotional condition.
Under Section 1, Rule 7 of JBC-009, the JBC En Banc or any panel of its members
shall conduct personal interviews of candidates for positions in the Judiciary
and certain positions in the Office of the Ombudsman. In the case of positions in the
Supreme Court, the Court of Appeals, the Sandiganbayan, and the Ombudsman,
the interviews shall be conducted in public.
In order to promote transparency and public awareness of JBC proceedings in
relation to its function of recommending appointees to the Judiciary and to the
positions of Ombudsman and Deputy Ombudsman and pursuant to Section 1, Rule
7 of JBC-009, the JBC issued JBC-10 which contain the procedure for submission
and evaluation of complaints or oppositions against a candidate, to wit:
SECTION1.The Judicial and Bar Council shall deliberate to determine who of
the candidates meet prima facie the qualifications for the position under
consideration. For this purpose, it shall prepare a long list of candidates who prima
facie appear to have all the qualifications. The Secretary of the Council shall then
cause to be published in two (2) newspapers of general circulation a notice of the
long list of candidates in alphabetical order.
The notice shall inform the public that any complaint or opposition
against a candidate may be filed with the Secretary within ten (10) days
thereof.
SEC.2.The complaint or opposition shall be in writing, under oath and
in ten (10) legible copies, together with its supporting annexes. It shall
strictly relate to the qualifications of the candidate or lack thereof, as
provided for in the Constitution, statutes, and the Rules of the Judicial and Bar
Council, as well as resolutions or regulations promulgated by it.
362
362

The Secretary of the Council shall furnish the candidate a copy of the
complaint or opposition against him. The candidate shall have five (5) days
from receipt thereof within which to file his comment to the complaint or
opposition, if he so desires.
SEC.3.The Judicial and Bar Council shall fix a date when it shall meet in
executive session to consider the qualification of the long list of candidates
and the complaint or opposition against them, if any. The Council may, on its
own, conduct a discreet investigation of the background of the candidates.
On the basis of its evaluation of the qualification of the candidates, the Council
shall prepare the shorter list of candidates whom it desires to interview for
its further consideration.
SEC.4.The Secretary of the Council shall again cause to be published the
dates of the interview of candidates in the shorter list in two (2) newspapers of
general circulation. It shall likewise be posted in the websites of the Supreme Court
and the Judicial and Bar Council.
The candidates, as well as their oppositors, shall be separately notified of
the date and place of the interview.
SEC.5.The interviews shall be conducted in public. During the interview,
only the members of the Council can ask questions to the candidate. Among other
things, the candidate can be made to explain the complaint or opposition
against him.
The proceedings shall be in writing. Cameras and tape recorders, however, not
to be allowed inside the room.
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No live TV and radio coverage of the proceedings shall be permitted.9
SEC.6.After the interviews, the Judicial and Bar Council shall again
meet in executive session for the final deliberation on the short list of
candidates which shall be sent to the Office of the President as a basis for the
exercise of the Presidential power of appointment. (Emphases supplied)
Returning to the factual milieu of the case at bar, the JBC published on April 26,
2014 another announcement regarding its conduct of public interviews of candidates
for the aforementioned position on May 29 and 30, 2014.10 Among those named as
candidates to be interviewed was herein petitioner. In the same announcement, the

JBC stated that [t]he public may submit to the JBC sworn complaint, report, or
opposition (in ten legible copies) against any of the aforesaid candidates not later
than 6 May 2014. The public interviews of the candidates pushed through on the
dates stated in the published announcement. During petitioners public interview,
no opposition or complaint was raised against him.
After the submission of applications/recommendations, publication of the list of
candidates, filing of written and sworn oppositions to candidates bid for
nomination, submission of candidates comments on oppositions to their candidacy,
and the conduct of public interviews, the JBC is supposed to deliberate on the short
list to be submitted to the President as stated in its own rules.
However, after the above mentioned established JBC procedures were accomplished,
when the JBC met on June 5 and 16, 2014 to deliberate on the short list the Chief
Justice mani_______________
9 It may be recalled that the most recent public interviews of candidates for the
position of Chief Justice were allowed to be covered live by media, notwithstanding
this rule.
10 Annex D, JBC Comment.
364
364

fested to the other members of the JBC that she was invoking Section 2, Rule 10 of
JBC-009 against petitioner as the Chief Justice believed that petitioner did not have
the required integrity to be a Member of the Court. On June 16 and 17, 2014,
former Court of Appeals Associate Justice Aurora Lagman, a JBC Regular Member,
telephoned petitioner and informed him of the Chief Justices invocation of Section
2, Rule 10 of JBC-009 against him. Petitioner was further requested to make

himself available on June 30, 2014 to appear before the JBC.
On June 24, 2014, petitioner sent a letter11 to the Court praying that the Court: (1)
direct the JBC to give him at least five working days written notice of any hearing
and such notice should contain the sworn specifications of the charges, sworn
statements of supporting witnesses, if any, and copies of supporting documents; (2)
allow petitioner to publicly cross-examine his oppositor and supporting witnesses
under the same conditions as the public interviews for all applicants; (3) direct the
JBC to reset the hearing scheduled for June 30, 2014; and (4) direct the JBC to
disallow the Chief Justice from participating in the voting from the nominees for the
position vacated by Associate Justice Roberto A. Abad. This letter was docketed as
A.M. No. 14-07-01-SC-JBC. However, as discussed in the Dissenting Opinion of
Justice Brion in that case, said letter was belatedly raffled on July 1, 2014 or after
the June 30, 2014 JBC hearing and the majority of the Court resolved to merely
note the letter for having become moot and academic without prejudice to any
remedy petitioner may pursue.
According to the JBC Comment, this was what transpired on June 30, 2014:
On 30 June 2014, Senior Associate Justice Antonio T. Carpio appeared as a resource
person to shed light on
_______________
11 Annex B of the Petition.
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the very confidential legal memorandum that clarifies and concretizes the integrity
objection that the Chief Justice raised against petitioner, which was likewise
distributed. Chief Justice Sereno emphasized that the inability to discharge the
duty of the Solicitor General according to the applicable legal standards on a matter
of highest importance and especially in light of the contents of the legal
memorandum indicates that he does not possess the required integrity. At about
2:00 p.m. of 30 June 2014, petitioner appeared before the JBC En Banc in an
Executive Session. Chief Justice Sereno told petitioner about the integrity issues
raised against him and asked for his comments. The Chief Justice told him that she
would give a very detailed description of the cause and nature of the objection
against him, including facts. Petitioner reiterated his prayer in the aforementioned
letter-petition and asked the JBC to defer its meeting, since he was expecting the
Supreme Court En Banc, which would be meeting the next day, to act on his letterpetition. Specifically, he demanded that the Chief Justice execute a sworn statement
of her objections and that he must have the right to cross-examine her in a public
hearing. He indicated that the same should also be required of Senior Associate
Justice Antonio T. Carpio. Congressman Niel G. Tupas indicated that he wanted to
hear for himself petitioners explanation but petitioner refused. He further stated
that he would not be lulled into waiving his rights. He then put into record a
Statement appealing that the JBC stay their hand that day and let the full
Supreme Court address the issue of what process [is] due him.
In the afternoon of the same day, the JBC continued its deliberations and proceeded
to vote for the nominees vice Supreme Court Associate Justice Abad. x x x.12
The short list of nominees released by the JBC on June 30, 2014 included Court of
Appeals Justices Apolinario D. Bruselas, Jr. and Jose C. Reyes (both with six votes),
Com-
_______________
12 JBC Comment, pp. 2-3.
366
366

mission on Audit Chair Maria Gracia M. Pulido-Tan (five votes), and Regional Trial
Court Judge Reynaldo B. Daway (four votes). In its Comment, the JBC admitted
that petitioner garnered four votes but was not short listed due to the Chief
Justices invocation of Section 2, Rule 10, JBC-009 against him.13
In its Comment, the JBC argues that the language of Sections 3 and 4, Rule 4 of
JBC-009 was merely directory such that it was not mandatory for the JBC to give
an applicant written copies of the opposition or to hold a hearing where the
applicant will be allowed to cross-examine witnesses.
There is merit in petitioners contention that the directory language of certain
provisions of JBC-009 relied upon by respondent JBC should be deemed superseded
by the JBCs subsequent issuance of JBC-10.
JBC-10 requires that names of the candidates be published and the public is
informed of the deadline to file written and sworn oppositions to the candidates so
named for consideration. Under JBC-10, it is mandatory that any opposition on
whatever ground, including integrity questions, must be in writing and under oath.
The candidate is given a copy of the opposition and a period of five days within
which to respond, if he so wishes. There are deadlines for the filing of oppositions
and the answers thereto for it is apparent on the face of JBC-10 that all submissions
must be done before the interview which is a second opportunity for a candidate to
address all complaints or oppositions against him in a public proceeding which
shall be recorded in writing.
It is not difficult to glean why JBC-10 requires the complaint or opposition to be in
writing. A written complaint/opposition not only informs the candidate of the
charges against him but more importantly, it limits the issues that he needs to
answer to those stated in the complaint/opposition. This
_______________
13 Id., at p. 11.
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prior delimitation of issues is crucial to due process such that, at the public
interview or any subsequent hearing to be conducted, the candidate will not be
surprised by any new matter for which he has not been given an adequate
opportunity to prepare his defense. The complaint must also be under oath not only
to protect the candidate from untruthful charges but also to avoid wasting the JBCs
time investigating and evaluating frivolous complaints. It is presumed that only
those who have meritorious complaints will file sworn statements as the threat of
opening themselves to a charge of perjury would be sufficient deterrent to nuisance
filings.
In the present case, petitioner was not given a copy of any written statement of the
charges against him. The JBC stated in its Comment on page 2 that when Justice
Lagman called petitioner on June 16 and 17, what was relayed to petitioner was the
intention of the Chief Justice to invoke Section 2, Rule 10 of JBC-009 against him
and the request to make himself available to appear before the JBC on June 30,
2014. In the same Comment, the JBC would clarify that earlier statement by
stating that during those phone calls petitioner was informed that the integrity
issue against him involved the way he handled a very important specific case for
the Republic and that he and Justice Lagman briefly spoke about the case. There
was also the allegation that Department of Justice Secretary Leila de Lima
separately informed petitioner of the content of the Chief Justices objection.
However, since these notices were verbal, there is nothing on record that will show
that there was a detailed specification of the charges against petitioner during those
conversations or that the opposition of the Chief Justice was sufficiently
communicated to petitioner. Formally notifying a candidate in writing of the charges
against him works for the protection of the Council as well. It is the best way for the
JBC to prove that indeed there had been adequate notice to a candidate of the
opposition against him.
368
368

Notably, in the JBCs Supplemental Comment-Reply filed only on August 15, 2014,
there was an admission that the verbal advice given to petitioner through Justice
Lagman and Secretary De Lima referred only to the highly important case that
was subject of the Chief Justices integrity challenge raised during the June 5 and
16 deliberations. However, in the interim, the Chief Justice allegedly came by
information regarding a morality issue and an issue involving stocks which she
also only verbally informed petitioner of at the session held on June 30. This is yet
another violation of petitioners right to due process, specifically the right to a prior
delimitation of the charges against him so that he can ably prepare for his defense.
To be sure, there is no legal or logical reason to exempt an oppositor who also
happens to be a member of the JBC from the requirement of setting forth his or her
opposition to a candidate in writing and under oath within the time limit given to
the general public and to give such candidate a fair period to respond to the
opposition in writing or during his public interview as provided for in JBC-10. A
candidate for a judicial position does not lose his constitutionally guaranteed right
to due process simply because the oppositor to his candidacy is the Chair or a
member of the JBC. Moreover, if the JBC sees fit to exempt one of its own from the
application of its published rules of procedure, it becomes susceptible to an
accusation of abuse of power or arbitrary exercise of discretion.
On June 30, 2014, the JBC heard the testimony of Senior Associate Justice Antonio
T. Carpio as a resource person in support of the Chief Justices objection to the
petitioners integrity. It would appear from the pleadings that Justice Carpios
testimony was heard in executive session where presumably only the JBC members
were present. The petitioner was excluded from the session and not allowed to
participate. Afterwards, petitioner was called to appear before the JBC also in an
executive session or closed-door proceed369
VOL. 733, AUGUST 19, 2014
369

ing. It was only at that time that the Chief Justice personally and verbally advised
petitioner what her general objections were and asked petitioner to comment. When
the petitioner declined to comment, only then did the Chief Justice verbally express
that she will provide detailed facts to substantiate her objection. Expectedly,
petitioner declined to participate in that session considering that he was
precisely questioning before this Court through his letter in A.M. No. 14-07-
01-SC the propriety of that proceeding which suddenly deviated from the
standard procedure observed by the JBC. He did not want to be deemed to
have waived his objection to the proceeding by his active participation
therein.
We come to the question of whether petitioner was given a fair and reasonable
opportunity to be heard on June 30, 2014. To my mind, being told verbally on the
date of the session itself what the exact charges are against him does not satisfy the
demands of procedural fairness. The oppositor would have a distinct advantage as
she has the opportunity to prepare arguments and supporting evidence on each and
every charge she intends to make before the session date. The candidate would be
effectively prevented from bringing with him documents or witnesses that may
refute these charges since he would be given detailed notice of them for the first
time only at the session.
Worse, it appears that petitioner was denied notice of and/or access to the evidence
used against him.
A highly confidential legal memorandum that purportedly concretizes the

integrity charge against petitioner was distributed to JBC members. This Court was
also furnished this document through the JBCs Comment as Annex J. I am hard
put to find in the said document any fault attributed to the petitioner and whether
it is at all proper to disclose this document. Did the authors and intended recipients
of this highly privileged memorandum who are on a lawyer-client
370
370

relationship consent to its disclosure and use as evidence in a JBC matter?

Setting aside for the moment my reservations regarding the disclosure of Annex J, I
wish to point out that the issue here is not whether the oppositor presented socalled evidence on the charges made but whether the candidate was informed that
this was the piece of evidence to be presented against him before the session on
June 30 and whether he was given sufficient time to meet the oppositors evidence
with his own countervailing proof. Even assuming this was a document that
petitioner might have encountered in the course of his present employment, it did
not mean that he can produce the documents and witnesses needed for his defense
at a moments notice.
In paragraph 4, page 2 of his Reply, petitioner alleged that on June 30 he was not
furnished a copy of Annex J which he came to learn was distributed to the JBC
Members on said date. In paragraph 36, page 7 of the Supplemental CommentReply, the JBC attempts to refute this statement by claiming that indeed petitioner
was served a copy of Annex J and it has the affidavit of service to prove it. However,
the affidavit of service clearly stated that petitioner was served a copy of Annex J as
part of the JBCs Comment only on August 12, 2014. The material time to have
provided petitioner with Annex J was before the June 30 session so that he can meet
it with his own evidence at the said proceeding. Instead of refuting petitioners
claim of lack of notice, the JBC has confirmed it.
Moving on to another point, it is true that it is discretionary on the part of the JBC
to hear testimony on a complaint against a candidate but having decided to hear
such testimony, procedural due process demands that the candidate at least be
present to hear the substance of that testimony and for that testimony to be made
part of the record. While it is not mandatory that the candidate be given the right to
cross-examine a witness (that is, a witness other than the oppositor
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371

since Section 3, Rule 4 of JBC-009 expressly grants the candidate the right to crossexamine an oppositor), there must be an official and accurate account of that
witnesss testimony which should be disclosed to the candidate. This disclosure
should likewise be made prior to the opportunity to be heard that will be accorded to
the candidate, in this case prior to the session on June 30.
Notably, there are minutes of the June 5, June 16, and June 30, 2014 JBC
meetings/sessions attached to the Supplemental Comment-Reply. However, the
belated submission of these minutes does not clarify anything but rather raise more
questions. The date of the certifications gives the impression that these minutes
were only prepared on August 15, 2014. This would most likely explain why these
minutes were not attached to the JBC Comment filed on August 12, 2014.
Unfortunately, disclosing these minutes only after the hearing set for petitioners
defense serves no purpose, since the accusations against the petitioner were
articulated by the oppositor Chief Justice and her witness ex parte during the
closed-door meeting of the JBC. The phone calls and verbal notices from Justice
Lagman and Secretary De Lima could not have fully apprised petitioner of the
objections raised by the Chief Justice, which were specified in writing only in the
about thirteen-page Subsection II of the JBC Supplemental Comment-Reply
submitted to this Court on August 15, 2014. It was impossible that either Justice
Lagman or Secretary De Lima could have repeated these charges completely and
accurately during their conversations with petitioner prior to the June 30 session.
In fine, it is not enough that a candidate is given an opportunity to be heard. It

must be a real opportunity to defend ones self and not one that is merely illusory.
There is something deeply unsettling with this unprecedented procedure adopted by
the JBC in petitioners case which was due to the unexpected invocation of Section
2, Rule 10 apparently for the first time in the history of the JBC.
372
372

From the verbal notice of a vague, unspecific challenge against petitioners integrity
to the conduct of closed-door executive sessions for a purpose other than
deliberations on the short list, these are not authorized by the JBC rules and they
even violate the avowed policy of JBC-009 and JBC-10 to promote transparency
and uniformity of procedure in the JBCs discharge of its functions.
I believe it was important for the JBC to have timely and accurately prepared the
minutes of the JBC executive sessions where the charges against petitioner were
proffered, provided them to petitioner and scheduled the hearing for his defense only
after his receipt of these minutes, in order that the JBC might arguably be deemed
to have substantially complied with procedural due process. As petitioner correctly
points out in his Reply, having official and trustworthy written records of the
proceedings of the JBC is likewise indispensable in the event that a JBC matter is
brought up to this Court for review.
If the subject matter of the opposition against a candidate involves information of a
highly confidential nature and divulging the privileged matter could not be avoided,
would that justify dispensing with written notices, submissions and accurate
records of the proceedings? The answer should be a resounding no. An individuals
constitutional right to due process cannot be sacrificed in the name of
confidentiality. The JBC should still require a written complaint and allow the
candidate reasonable time to submit a written answer if he so wishes or allow him
to be heard orally at a hearing for which accurate records should be kept but all
submissions and records of the proceedings shall be treated with the
utmost confidentiality.
Section 2, Rule 10 of JBC-009 does not contemplate that the oppositor could
be a member of the JBC for that would
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amount to an egregious conflict of interest.
As early as the dissenting opinion of Justice Brion in A.M. No. 14-07-01-SC-JBC, he

had already discussed the absurdity of interpreting Section 2, Rule 10 of JBC-009 as
allowing any one JBC Member the power to disqualify an applicant by his or her
mere objection since in that instance unanimity can never be attained.
The inherent unfairness of the situation is not sufficiently addressed by the JBC
Chair or Member-oppositor inhibiting not from the entire selection process but only
from voting on the eligibility for appointment of the particular candidate who is
the subject of his or her objection. The act of a JBC Member-oppositor in invoking
Section 2, Rule 10 obviously prejudices the candidate objected to since a higher vote
is required for such candidate to be short listed. Less obviously, the same act
benefits all the other candidates vis--vis the candidate objected to since the other
candidates who are not defending against an integrity challenge have a larger pool
of JBC Members from which their votes can come and they need only a simple
majority to be included in the short list. If the application of Section 2, Rule 10 is
not a collegial decision of the JBC, it may be used by the Chair or any of its
Members to prejudice or favor a particular candidate.
It is in this regard that the JBC proceedings now in question before this Court is
glaringly violative of the rule against bias or one of its Latin formulations nemo
debet esse judex in propria causa (literally, that no man ought to be a judge in his
own cause)14 as pointed out in Justice Brions Concurring Opinion.
The JBC seems oblivious to the conflict of interest situation that arises when the
oppositor under Section 2, Rule 10 is a member of the JBC. The JBC was created
under the Constitu_______________
14 See Blacks Law Dictionary.
374
374

tion as an independent body15 tasked with the delicate function of vetting the
qualifications of applicants to judicial positions, among others. Although I agree
with the JBC that this function cannot exactly be termed judicial or quasi-judicial, I
take exception to the proposition that the Council is not engaged in fact-finding or
that it need not determine the truth or falsity of an opposition against a candidate.
If that is so, why does it even require objectors to swear to their opposition and
submit supporting evidence? In this regard, JBC members do function similarly to
impartial investigators or fact-finders who are supposed to make an unbiased
recommendation on the fitness of a candidate for judicial office to the President
based on a determination of relevant facts.
How could a JBC Member discharge the function of neutral fact-finder if he or she is
an oppositor for one of the candidates, especially when the intention is to subject
that candidate to the requirement of unanimous JBC vote unlike the others who
only need a majority vote for inclusion in the short list? Indeed, no impartial
investigator would take it upon himself or herself to complain about the manner
that a candidate purportedly handled a very important case for the government
(which incidentally is still pending resolution before the proper tribunal) when none
of the persons who were intimately involved in that case have seen fit to formally
oppose the candidates bid for nomination. Once a JBC member presents himself or
herself as an oppositor, he or she takes on the role of an advocate who has an
interest in the outcome of the voting for the vacancy that the candidate subject of
the objection is being considered for.
With due respect to the Chief Justice, her role as an advocate is manifest in
Subsection II of the Supplemental Comment-Reply, which was expressed to be solely
attributable to her. Subsection II is a detailed and passionate discussion of
_______________
15 Chavez v. Judicial and Bar Council, G.R. No. 202242, July 17, 2012, 676 SCRA
579.
375
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her original integrity objection to petitioner during the June 30 session with a few
additional charges in the mix, which was made known only through the JBC
Supplemental Comment-Reply filed on August 15, 2014. May I also respectfully
point out that her setting forth in writing now her very specific objections to
petitioner shows that there really was nothing to prevent her from doing the same
during the appropriate time which was during the call for written oppositions from
the public. If only she had taken the time to prepare this written opposition even as
late as June 24 when petitioner had requested in a letter for her to do so and given
him a reasonable five-day period to answer, this matter could have been judiciously
resolved well ahead of the constitutional deadline for the President to appoint.
An oppositor from the JBC should inhibit from the entire selection
proceedings for the vacancy for which the opposed candidate is being
considered.
We should likewise contemplate the practical implications of allowing a JBC

Member be an oppositor under Section 2, Rule 10 of JBC-009 and only inhibiting in
the voting for the candidate he or she objected to. As a matter of practice, when the
JBC submits the short list to the President the candidates are ranked by the
number of votes that they gathered during the deliberation. This ranking is meant
to indicate the strength of the JBCs recommendation for each candidate in relation
to the others on the list. The JBC contends that, when petitioners integrity was
challenged and the JBC Member-oppositor inhibited from the voting on his
candidacy, he should have gotten the affirmative vote of all five remaining JBC
Members eligible to vote on his candidacy. Now, suppose he did get the unanimous
vote of the non-objectors. In theory, that would be a perfect score. Should he be
considered to have tied for first with the two candidates who got six376
376

out of six votes? Would he tie for second with the one who got five out of six votes or
should he be ranked ahead of that person but behind those who got a unanimous six
votes?
In all of these considerations, aside from preserving the impartiality and objectivity
of the selection process, I have come to the conclusion that a JBC Member cannot be
at the same time an oppositor under Section 2, Rule 10 of JBC-009. In fact, the clear
language of the said section which requires that a candidate secure the vote of all
the Members of the JBC, does not contemplate that an objection on a question of
integrity be raised by the JBC Chair or Member. Otherwise, there is no need for
voting. The oppositors vote is already lost. Nonetheless, if the JBC Chair or
Member is inclined to be an oppositor, so that a candidate be subjected to the
extraordinary requirement of perfect votes from the JBC, the said JBC Chair or
Member must choose whether he or she wants to participate in the independent
vetting of all candidates or to serve as an advocate against someones candidacy.
Moreover, if the JBC Chair or Member decides to pursue his or her opposition of a
candidate on the ground of integrity, then that JBC Chair or Member should (1)
comply with the procedural rules applicable to all oppositors, and also (2)
inhibit from participating in the JBC proceedings and from voting for all
candidates for that particular vacancy. The JBC Chair or Member should be
considered an ordinary oppositor and should not be given the special concession, not
granted to other oppositors, of being able to lobby against the disfavored candidate
even up to the deliberations and the voting on the short list.
In this manner, the JBC can fully comply with the third requisite for procedural due
process, that of freedom from bias in the proceedings undertaken. A blanket
inhibition by the JBC Chair or Member-Oppositor for the particular vacancy levels
the playing field for everyone. Whether there is an integrity issue against a
candidate or not, all candidates will vie for the same pool of votes. It likewise solves
the problem of
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377

ranking since a unanimous vote for a candidate with an integrity challenge means
exactly the same as a unanimous vote for a candidate without an integrity
challenge.
Any new procedure to be implemented in relation to Section 2, Rule 10 of

JBC-009 must be embodied in written rules and published in order to be
valid and bind third parties.
When the JBC first issued rules of procedure via JBC-009, its intent was to set
down in writing the criteria or guidelines that will govern its discharge of its
constitutional mandate to recommend for appointment candidates to highly
sensitive positions in government, with due regard to constitutional and statutory
requirements and ensuring transparency, stability, and uniformity in its
proceedings. The avowed policies of the JBC were further strengthened with the
issuance of JBC-10 specifying in mandatory language the procedure to be
undertaken by the Council. By issuing both sets of rules, it was the JBC itself that
set the limits for the proper exercise of its functions. We have held that
administrative regulation adopted pursuant to law has the force and effect of law.16
Parties dealing with the JBC have a reasonable expectation that it would follow its
own published rules.
It is elementary as well that administrative regulations and issuances affecting the
rights of third parties require publication to be valid. Publication is a necessary
component of procedural due process to give as wide publicity as possible so that all
persons having an interest in the proceedings may be notified thereof.17
_______________
16 National Artist for Literature Virgilio Almario v. Executive Secretary, G.R. No.
189028, July 16, 2013, 701 SCRA 269, 312.
17 Arroyo v. Department of Justice, G.R. Nos. 199082, 199085 and 199118,
September 18, 2012, 681 SCRA 181, 228.
378
378

If the JBC wishes to adopt a procedure for an integrity objection under Section 2,
Rule 10 of JBC-009 that is different from JBC-10, such a procedure should: (1)
faithfully adhere to the collegial nature of the JBC; (2) comply with the basic
requirements of adequate notice of the objection, ample opportunity to be heard, and
freedom from bias of the proceedings; and (3) be embodied in written rules duly
published in order to bind third persons. Measured against these standards, the
procedure adopted by the JBC in petitioners case fails the test of validity.
Verily, this is a classic example of changing the rules in the middle of a game, a
stratagem that is antithetical to the most elementary principles of fair play. The
invocation of Section 2, Rule 10 of JBC-009 against petitioner being ineffectual and
considering his having obtained a majority vote in favor of his nomination,
petitioner should be deemed included in the short list in accordance with the proper
application of the published and duly existing rules of the JBC.
There is nothing in the records of this case to support the integrity

challenge against petitioner.
The issue that is determinative of this case is whether or not the proceedings before
the JBC violated petitioners constitutional right to due process. However, since the
Chief Justice, through the JBC Supplemental Comment-Reply, and the Dissenting
Opinion insist on arguing the merits of the formers integrity challenge against
petitioner, despite the danger of compromising national interest with indiscriminate
public discussions of internal matters in the Executive department, I wish to make
the following observations:
A close scrutiny of Annex J and the entire records of this case will show the utter
lack of evidentiary basis to support the objection on the ground of lack of integrity
raised against the petitioner.379
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Peeling away the esoteric academic discussions on the international law case subject
matter of Annex J and the innuendos regarding possible motives for the alleged
minority legal opinion of petitioner, there is no proof on record that petitioner
committed an act of impropriety in the handling of said case as Solicitor General or
that he was pursuing selfish interests or the interests of another party in the
discharge of his duties.
That petitioner was disloyal to the Republic is not a fact; it is but an opinion or
conclusion, which should have been supported with facts, that is, documentary
evidence and sworn testimonies or affidavits from witnesses with personal
knowledge of the matter involved. The Chief Justice could not possibly have personal
knowledge of the internal deliberations and discussions in the Executive
department regarding the aforesaid international case because if she does then I
would fear the erosion of the separation of powers in our government. Secretary De
Lima, who is part of the Cabinet, would even state that she was not clear when and
how the strategy complained of by the Chief Justice happened and if this was the
petitioners idea.18 More importantly, Secretary De Lima did not question
petitioners integrity and voted for his inclusion in the short list. Neither is there
anything on record to independently corroborate the morality issue or the stock
transaction issue which were allegedly reported to the Chief Justice.
Every law student knows that matters attested to by a person with no personal
knowledge of the same shall be deemed hearsay which has no probative value.19
The Court held in Jose v. Angeles:20
_______________
18 See JBC Minutes of the June 5, 2014 Executive Session, pp. 2 and 3.
19 See, for example, PNOC Shipping and Transport Corporation v. Court of
Appeals, 358 Phil. 38, 56; 297 SCRA 402, 421 (1998).
20 G.R. No. 187899, October 23, 2013, 708 SCRA 506.
380
380

Evidence is hearsay when its probative force depends on the competency and
credibility of some persons other than the witness by whom it is sought to be
produced. The exclusion of hearsay evidence is anchored on three reasons: (1)
absence of cross-examination; (2) absence of demeanor evidence; and (3) absence of
oath. Basic under the rules of evidence is that a witness can only testify on facts
within his or her personal knowledge. This personal knowledge is a substantive
prerequisite in accepting testimonial evidence establishing the truth of a disputed
fact. Corollarily, a document offered as proof of its contents has to be authenticated
in the manner provided in the rules, that is, by the person with personal knowledge
of the facts stated in the document. (Citations omitted)
Hearsay, whomever the source, is still hearsay.
I fully agree with Justice Brion that although the JBC rules allow the JBC to
undertake a discreet background check, if such an investigation yields a matter that
may be subject of an opposition then such opposition should be in writing. Reliance
on informal complaints reaching the ears of JBC Members cannot be deemed
sufficient compliance with due process, especially when the nature of the complaint
may trigger an application of Section 2, Rule 10 of JBC-009 that would set one
candidate apart from the others in terms of the required vote to be included in the
short list. Hard-earned reputations may likewise be summarily destroyed by a
public announcement that a candidate for judicial office who otherwise garnered a
majority vote was excluded from the short list by the JBC on the ground of lack of
integrity. As an independent, constitutional screening body that is held in high
regard by the public, the JBC should base its determination that a candidate does
not have the requisite integrity to hold judicial office on something more than
speculation, rumor or unverified report.
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Recommendation Regarding
Review of the Jbc Rules
Should the JBC in the aftermath of this controversy find it appropriate to review its
rules of procedure, I have a recommendation with respect to the interpretation and
application of Section 2, Rule 10 of JBC-009.
The
JBC
must
define
what
constitutes an integrity question.
After a careful perusal of the copies of the JBC minutes attached to the
Supplemental Comment-Reply, I observe that there is no consensus among the
members of the JBC what an integrity issue entails and whether an integrity issue
even exists in the case of petitioner. I reproduce here the relevant excerpts of the
minutes of the JBC sessions attached to the Supplemental Comment-Reply:
From the minutes of the June 5, 2014 JBC Executive Session:
Senator Pimentel inquired on the definition of integrity as contemplated in Section
2 of Rule 10. He asked: Does the incident have to involve money? Does the
applicant have to be involved in an incident where he received a consideration as a
public official? He stated that it may be [a] good idea to put on record what integrity
issues under Rule 10 may include.
Congressman Tupas x x x Unless it can be shown that he received something in

return x x x or if it can be said that corrupt ito, kumuha siya ng pera, he has
reservations that the provisions in the Rules on integrity would apply.21
_______________
21 Minutes of the June 5, 2014 JBC Executive Session, p. 3.
382
382

Secretary De Lima opined that the grounds in assailing integrity under Rule 10,
Section 2 are not very clear. However, based on what has been discussed so far, she
is not sure if there is a dearth of integrity as far as Sol. Gen. Jardeleza is
concerned.22
It bears stressing here that the qualifications of competence, integrity, and
probity/independence are covered by different rules under JBC-009. Only an
integrity issue will trigger the higher vote requirement to secure a nomination.
However, the JBCs rules do not offer any definition of an integrity issue other than
to obliquely refer to it as pertaining to moral fitness.23 Consider the definition in
Blacks Law Dictionary of the term:
Integrity. As used in statutes prescribing the qualifications of public officers,
trustees, etc., this term means soundness of moral principle and character, as shown
by one person dealing with others in the making and performance of contracts, and
fidelity and honesty in the discharge of trusts; it is synonymous with probity,
honesty and uprightness. (Underscoring supplied)
The overlapping of the conceptions of the terms integrity and probity is a matter
that has grave implications in the implementation of Section 2, Rule 10 of JBC-009.
The uncertainty and confusion that tainted the JBCs discussions during the
executive sessions on petitioners case behoove the JBC to definitively specify in its
rules what will constitute an integrity challenge.
_______________
22 Minutes of the June 16, 2014 JBC Executive Session, p. 2.
23 See Section 3, Rule 4 of JBC-009.
383
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The JBC minutes also bear out that many of the issues touched upon in the
ponencia and the concurring opinions already occurred to the Councils members. To
illustrate:
At this juncture, Congressman Tupas suggested a review of the JBC Rules on
integrity and went on to read the provision in Rule 10, Section 2 thereof:
Sec.2[.]Votes required when integrity of a qualified applicant is challenged.In
nomination is raised or challenged, the affirmative vote of all the Members of the
Congressman Tupas stressed since this is the first time that the Rule will be
invoked, there is need to carefully examine the Rules. For instance, how many votes
must a candidate garner when the affirmative vote of all Members of the Council is
required under Rule 10, Sec. 2. There is also the matter of who can raise or
challenge the integrity of an applicant: must it be raised by a Member, or can a non-
Member raise or challenge under the Rule. At what stage may the challenge on
the integrity of an applicant be raised? Should there not be a need for a
prior complaint or objection?
Secretary De Lima commented that the Rules do not say whether the
challenge must be made by an insider or an outsider. (Emphases supplied)
Yet despite the fact that the Council members failed to come to any agreement
regarding these contentious issues, not the least of which was the definition of an
integrity challenge, and without establishing definite parameters on how Section 2,
384
384

Rule 10 of JBC-009 should be applied, the majority of the JBC Members were
spurred into applying Section 2, Rule 10 to petitioner purely because it was invoked
by the JBC Chair.
Two-step voting is necessary to preserve the collegial character of the JBC.
After an integrity challenge has been made in compliance with the procedural
requirements under JBC-10, the JBC should take a preliminary vote on whether
such challenge to a candidate truly involved a question of integrity based on each
Council members appreciation of the material facts and they must determine if the
issue is substantial enough to require application of Section 2, Rule 10 of JBC-009.
The JBC should not rely on the oppositors characterization of his own objection as
an integrity question as what happened in this case. The JBC should categorically
decide by majority vote on the existence of a substantial integrity issue which will
warrant the application of Section 2, Rule 10 to a particular candidate. Only then
should the JBC vote on the nominations of the candidates to determine who will be
short listed. Before the second voting, it should be clear to the JBC how many votes
each candidate should garner to be nominated.
In view of the highly prejudicial effect of an integrity challenge to a candidate, my
proposed two-step voting procedure will ensure that a majority vote is first
reached on the existence of the integrity issue before the JBC will require a
unanimous vote on the fitness of a specific candidate for nomination. During the
second voting, each JBC Member is put on notice that if he or she does not vote for
that candidates nomination it will mean exclusion of that candidate from the short
list for lack of a unanimous vote. The second vote will clearly evince the intent of the
nonvoting member(s) to so exclude a candidate. Through this procedure, the JBC
can avoid the pernicious situation of a minority being able to prejudice a candidates
application on their mere manifesta385
VOL. 733, AUGUST 19, 2014
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tion that they are invoking Section 2, Rule 10 on an integrity question.
On the Prayer for a

Temporary Restraining Order
On this matter, suffice it to say, that I concur with the JBC that the Presidents
exercise of his power to fill a vacancy in this Court within the deadline is a
constitutional mandate that may not be enjoined by any court. In any event,
petitioners prayer for a temporary restraining order would be rendered moot and
academic by the Courts disposition of this case on the merits, whether favorably or
unfavorably.
Conclusion
It is settled in our jurisprudence that:

As a concept, grave abuse of discretion defies exact definition; generally, it refers to
capricious or whimsical exercise of judgment as is equivalent to lack of
jurisdiction; the abuse of discretion must be patent and gross as to amount to an
evasion of a positive duty or a virtual refusal to perform a duty enjoined by law, or
to act at all in contemplation of law, as where the power is exercised in an arbitrary
and despotic manner by reason of passion and hostility. Mere abuse of discretion is
not enough; it must be grave. We have held, too, that the use of wrong or irrelevant
considerations in deciding an issue is sufficient to taint a decision-makers action
with grave abuse of discretion.24 (Citations omitted)
Since the application of Section 2, Rule 10 of JBC-009 to petitioner violated his

constitutionally guaranteed right to due process and the petitioner having garnered
a majority
_______________
24 Mitra v. Commission on Elections, G.R. No. 191938, July 2, 2010, 622 SCRA 744,
766.
386
386

vote of the JBC Members, I vote to partially grant the petition and to declare that
the petitioner be deemed included in the short list submitted by respondent JBC to
the President. Considering the time element involved and to obviate any further
delay that may render moot the Courts favorable action on this case, I also vote to
declare our decision immediately executory.
SEPARATE CONCURRING OPINION
BRION,J.:
Prefatory Statement
I write this Separate Concurring Opinion to express my CONCURRENCE with the

ponencia of my esteemed colleague Justice Jose Catral Mendoza and to reflect
my own views on this case of first impression.
This case is the first test, since the establishment in 1987 of the Judicial and Bar
Council (the JBC), of its even-handedness and the extent of the discretion granted
to it in determining the short list of nominees for a vacant position in the judiciary.
These questions are posed in the context of allegations of procedural infirmities
that violated an applicants right to due process, as well as claims of partiality in
the selection process.
In resolving these questions, we must inevitably also look at the extent of the
Courts supervisory authority over the JBC, as well as the Courts expanded
jurisdiction under the Constitution to determine grave abuse of discretion on the
part of the JBC, a governmental body.
Notably, our decision in this case touches on matters of national interest,
among them, the Presidents appointment power that must remain unfettered
and to its fullest, to the extent allowed by the Constitution. Otherwise stated, to the
extent that the JBC departs from the guidelines
387
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it has itself set and commits grave abuse of discretion in undertaking its selection,
the Presidents exercise of his appointing authority is fettered and less than full.
Any grave abuse of discretion by the JBC likewise affects the Supreme Court
which then will not have the benefit of the best and the brightest that the President
will choose. Additionally, any abuse of discretion is of great interest to the Court as
its representative to that body is its Chief Justice whose actions in the JBC
selection should be no less than sterling in keeping with the nature of her position
and the trust that the nation places on the Chief Justice and the Court.
Last but not the least, any selection attended to by unethical and unprincipled
behavior will have to be of interest to the nation as it means the triumph of evil
and immorality that the whole nation now wishes to eradicate as a necessary means
to achieve its cherished goals.
I.The Antecedents
On June 24, 2014, the petitioner Solicitor General Francis Jardeleza (petitioner,
Jardeleza or petitioner Jardeleza) filed a letter-petition before the Supreme Court
(the June 24, 2014 letter), alleging acts and incidents that deprived him of due
process during the selection of nominees for the Supreme Court position that
Associate Justice Roberto A. Abad vacated on May 22, 2014.
In this June 24, 2014 letter, petitioner Jardeleza alleged that:
a. Chief Justice Maria Lourdes P. A. Sereno (CJ Sereno) made accusations against
his integrity twice, ex parte, without informing him of the nature and cause of the
accusation and without giving him the opportunity to be heard;388
388

b. The JBC violated its own rules, specifically, Rule 4 of JBC-009 and Section 2,
Rule 10 of JBC-009, in considering his fitness for the position of Associate Justice of
the Supreme Court;1
c. As reported in the Manila Times, CJ Sereno even denied the Members of the
Court, through misrepresentation, of the right under the Rules of the JBC to make
their recommendations to the JBC.2
The Court En Banc, on July 8, 2014 and after deliberation and voting, simply
NOTED Jardelezas letter (July 8, 2014 Resolution) since the reliefs it prayed for,
according to the Courts majority, have become moot after the Judicial and Bar
Council (JBC) transmitted its list of nominees to the President. The Resolution at
the same time stated that it is without prejudice to any remedy, available in law
and the rules that the Solicitor General Jardeleza may still wish to pursue.
I dissented from the Courts approach in considering the letter-petition and from
its ruling, and was joined in this Dissent by three colleagues Justices Teresita
J. Leonardo-De Castro, Lucas P. Bersamin and Jose Catral Mendoza. In this
same Dissent, I likewise noted the peculiar timing of the receipt of the letterpetition and the resulting delay in its consideration. The presidential time
limitation in exercising the power of appointment was among the issues raised
during the deliberations and was a consideration in the recommendations I then
made to the Court.
More than the delay and shorn of legalese, the Court simply but effectively
dismissed the June 24, 2014 letter-petition. It effectively said: we read your letter
but what you said was
_______________
1 Letter of Solicitor General Francis H. Jardeleza, June 24, 2014, p. 5.
2 Jomar Canlas, High Court justices powers clipped, The Manila Times, June 18,
2014; Jomar Canlas, SC Justices Confront Sereno on Vacancy Issue, The Manila
Times, June 19, 2014.
389
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not good enough as the JBC had already acted and you were too late; if you think you
still have other reasons to question the JBC actions, then you are free to air them but
time limitations in the Presidents appointing process are your concerns.
In blunt Tagalog, the Court simply said: tapos na ang JBC, bahala ka na sa buhay
mo! In this manner, the Courts majority dismissively handled and brushed aside a
matter of utmost importance to the President, to the Court itself and to the country.
The Court should not have only seriously considered Jardelezas letter (in light of
the seriousness of its allegations and the matter involved) by giving it full
ventilation and the opportunities that a fair hearing embodies; the Court, too,
should have handled the letter-petition expeditiously given the Presidents limited
time to act.3
In my Dissent, I stressed that the Court should have undertaken an expeditious and
strictly confidential inquiry regarding Jardelezas allegations, with all interested
parties given the opportunity to file their respective comments and memoranda.
I urged the Court to undertake this action with two things in mind: first, the Court
by virtue of its supervisory authority over the JBC and its expanded jurisdiction
under the 1987 Constitution has the duty to determine whether grave abuse of
discretion occurred in the selection process, particularly since the JBC allegedly
violated Jardelezas due process rights; and second, given the sensitive nature of
the circumstances narrated in the letter-petition, as well as the 90-day deadline for
the appointment of the next Associate Justice, questions regarding the integrity of
the selection process should be addressed directly and promptly.
_______________
3 Under Section 4(1), Article VIII of the 1987 Constitution, any vacancy in the
Supreme Court must be filled within ninety days from the occurrence thereof.
390
390

To my mind, the timing of the filing of the letter-petition gave the Court an
opportunity to swiftly exercise its supervisory duty over the JBC, and immediately
determine whether violations of the JBCs rules and the applicants due process
rights intervened. It was my belief that inaction, or any delay on the part of the
Court in acting on the letter-petition, could possibly result in disastrous and farranging consequences: it could indirectly curtail the Presidents appointing power,
taint the JBCs otherwise pristine reputation, affect this Courts future composition,
and prejudice an otherwise qualified applicant.
Given these considerations, I believe then, and still do now, that the letter-petition
had not been mooted by the JBCs transmittal of the short list of nominees to the
President. In addition, the issues that the letter-petition presented are capable of
repetition yet evading review: allegations of unfettered and grave abuse of discretion
on the part of the JBC are capable of being repeated every time the JBC selects
nominees for a vacant judicial position. These infirmities could evade review
because of the time limitations for filling up vacant judicial positions. Not all of the
JBCs proceedings, too, are open to the public.
I am filing this Separate Concurring Opinion as the repercussions that I earlier
sought to prevent through the approach I suggested in my Dissenting Opinion,
appears to have now crystallized, as the comments and pleadings filed by the
parties show. I strongly believe that the Court should now take action immediately,
if only to contain the repercussions of its previous inaction.
I strongly believe, too, based on the circumstances and reasons discussed below, that
CJ Sereno manipulated the JBC processes to exclude Jardeleza as a
nominee. The manipulation was a purposive campaign to discredit and deal
Jardeleza a mortal blow at the JBC level to remove him as a contender at the
presidential level of the appointing process.
391
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[Of particular note in this regard is this Courts own experience when it failed
to vote for its recommendees for the position vacated by retired Associate Justice
Roberto A. Abad, because of a letter dated May 29, 2014 from the Chief Justice
representing to the Court that several Justices requested that the Court do away
with the voting for Court recommendees, as provided in Section 1, Rule 8 of JBC009. When subsequently confronted on who these Justices were, the Chief Justice
failed to name anyone. As a result, applicants who could have been recommended by
the Court (Jardeleza, among them), missed their chance to be nominees.]
The Court should not stand idly by when irregularities of this nature
happen, particularly when the irregularity was committed by one of its
own. The Court should not likewise stay mute when a presidential power,
granted under the Constitution that the Court safeguards, is at risk of
being diminished. The essence of the constitutional separation of powers and
checks and balances sacred in our democratic system of government would be
disturbed when untoward developments like these, intervene.
In fairness to the JBC, while it did not appear to have fully resisted the moves of its
Chairperson, it is a collegial body like the Court and it might not have known the
critical Court-side developments material in reaching my conclusions.
A.The Jardeleza Petition
Dutifully responding to the Courts Resolution, Jardeleza filed a petition for

certiorari and mandamus against CJ Sereno, the JBC, and Executive Secretary
Paquito N. Ochoa, Jr. (Sec. Ochoa) on July 18, 2014. He posited that the JBC
selection process suffered from procedural infirmities that violated his due process
rights and ultimately led to his noninclusion in the JBC short list of nominees
despite the majority votes he garnered.
392
392

Jardeleza filed the petition in propria persona or in his own personal behalf.4
He sued the JBC because it is the body that acted on the submission of the list of
recommended nominees to the President, and singled out CJ Sereno because she
schemed to have petitioner excluded from the short list.5 Respondent Ochoa,
on the other hand, was impleaded in his capacity as the Presidents alter ego.6
[Notably, Senior Associate Justice Antonio T. Carpio, who appeared before the JBC
on the integrity issue disputed in this case, is properly not a party as he merely
appeared as a resource person at the JBCs or at CJ Serenos invitation.]7
On July 22, 2014, the Court acted on the petition by requiring the respondents JBC
and CJ Sereno (who was sued separately from the JBC) to comment within 10 days,
from notice.
For some reason, this Court Resolution was served on the parties only on July
31, 2014 (the tenth day after the En Banc meeting) in the case of CJ Sereno and
the JBC, and on August 1, 2014 (the 11th day after the En Banc meeting) in the
case of Sec. Ochoa.8 This happened despite the Presidents August 20, 2014
deadline in appointing a new associate justice in place of retired Associate Justice
Roberto A. Abad. Thus, effectively, 19 days before the Presidents August
_______________
4 Francis H. Jardelezas Petition for Certiorari and Mandamus, par. 1, pp. 1-2;
Jardelezas Reply, p. 1.
5 Jardelezas Petition, par. 22, p. 7.
6 Id., at p. 2, par. 5.
7 See JBC Comment of August 11, 2014, p. 2; Justice Carpio was there to shed
light on the very confidential legal memorandum that clarifies and concretizes the
integrity objection that the Chief Justice raised against the petitioner; see also:
Minutes of June 30, 2014 JBC Executive Session, p. 1.
8 Records show that Chief Justice Sereno received the July 22, 2014 Resolution on
July 31, 2014; while Executive Secretary Ochoa received a copy of the Resolution on
August 1, 2014.
393
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20, 2014 deadline, the petition was only in its comment stage.
393
This seemingly harmless incident is pointed out as one of the several indicators
showing that from the very beginning, the Court whose agenda and
administrative functioning the Chief Justice controls did not appear to be in a
hurry to process the Jardeleza petition.
A.1.The Jardeleza Allegations
Jardeleza alleged in his petition that the following events transpired, leading to the
violation of his due process rights.
On March 20, 2014, the JBC released the list of 15 applicants, himself included, to
the Supreme Court position vacated by Justice Roberto A. Abad. This was not the
first application he filed before the JBC.9
On May 29, 2014, the JBC interviewed him. No one raised any comment,
complaint or observation in this public interview.10
On June 16 and 17, 2014, he received phone calls from JBC Member, former Justice
Aurora S. Lagman (J. Lagman), speaking on behalf of the JBC. She informed him
that during the JBC meeting of June 16, 2014, the respondent CJ Sereno directed
that he make himself available to appear before the JBC on June 30, 2014; and that
CJ Sereno, in the JBC meeting of June 5 and 16, 2014, had questioned his integrity,
invoking Section 2, Rule 10 of JBC-009.11
_______________
9 Jardelezas Petition, par. 9-10, p. 3.
10 Id., at p. 3, par. 11.
11 Section 2, Rule 10 provides:
Section2.Votes required when integrity of a qualified applicant is challenged.In

every case when an integrity of an applicant who is not otherwise disqualified for
nomination is raised or challenged, the affirmative vote of all the Member of
394
394

Justice Lagman significantly added that the Chief Justice would inform him of her
objections to his integrity at the June 30, 2014 JBC meeting.12
Believing that the acts of CJ Sereno were in violation of JBC-009 (Rules of the
Judicial and Bar Council), Jardeleza at that point, filed his June 24, 2014 letterpetition addressed to the Court, asking the Court to direct the JBC, among others,
to implement the relevant provisions of its rules.
On June 30, 2014, the petitioner appeared before the JBC as directed. He was led to
one of the ante-rooms at 11:00 a.m. By 12:30 noon, lunch was delivered to him.
Sometime before 1:00 p.m., Department of Justice (DOJ) Secretary Leila M. De
Lima informed him that Associate Justice Antonio T. Carpio had just appeared
before the JBC and testified against him. Secretary De Lima then asked if Jardeleza
still wanted to continue with his nomination, to which the petitioner answered
yes.13
Just before 2:00 p.m., the JBC summoned the petitioner and CJ Sereno asked him if
he wanted to defend himself. The petitioner answered that he would defend himself
if given due process as prayed for in his June 24, 2014 letter-petition. The petitioner
then put into record his formal statement and asked that the JBC defer its meeting
as the Supreme Court would meet the next day. He added that he would not be
lulled into waiving his rights. Thereafter, he was dismissed. The entire procedure
only took approximately 10 minutes.14
[Court records indicate that the Office of the Clerk of Court received the June 24,
2010 letter-petition in the afternoon of June 25, 2014, or 5 days before the JBCs
June 30, 2014 meeting.
_______________
the Council must be obtained for the favorable consideration of his nomination.
13 Id., at pp. 4-5, par. 14.
14 Ibid.
395
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395

It was raffled for assignment to a Member-in-Charge only on July 1, 2014 or on
the 6th day after its receipt by the Court. The raffle also took place 30 minutes
before the En Banc meeting of that day, i.e., a day after the June 30, 2014 JBC
meeting.15
This is another of several indicators of the Courts foot-dragging plainly showing

that Jardelezas letter-petition was not meant to be considered or passed upon by
the Court En Banc before the June 30, 2014 JBC meeting.]
Later that afternoon (June 30, 2014), the JBC transmitted a short list of nominees
to the Office of the President. Jardeleza found out, through a press statement made
by the Supreme Court Public Information Office (through Atty. Theodore Te), that
he had garnered sufficient votes to be included in the short list, but was not
included in the list because of questions regarding his integrity.16
Jardeleza subsequently filed the present petition for certiorari and mandamus
before the Court. The petition prayed that the Court: (1) declare that Chief Justice
Maria Lourdes P. A. Sereno and the JBC acted with a grave abuse of discretion in
excluding him in the short list of nominees; (2) direct the JBC to include his name in
the short list of nominees for the position that former Associate Justice Abad
vacated; and (3) issue a temporary restraining order against the appointment of a
new associate justice pending the determination of the merits of the case.
As explained and pointed out above, the Court required the respondents to comment
on the petition in its Resolution of July 22, 2014.17
_______________
15 Indicated in the Summary and Preliminary Evaluation circulated for the Court
En Banc meeting of July 1, 2014.
17 See page 392 of this Separate Opinion.
396
396

B.Executive Secretary Ochoas Comment
The respondent Sec. Ochoa filed his Comment on August 8, 2014. Secretary Ochoa
agreed with Jardelezas claim that he (Jardeleza) should be included in the short
list of nominees for the Supreme Court position of former Associate Justice Abad.
According to Sec. Ochoa, Section 2, Rule 10 of JBC-009, which was used to justify
Jardelezas exclusion from the short list, is unconstitutional and should thus not be
given effect.
Sec. Ochoa argued that Section 2, Rule 10 of JBC-009 is unconstitutional for the
following reasons: first, it violates the JBCs collegial character, which decides on
the basis of a majority, not the affirmative vote of all its members;18 and second, it
violates the due process clause, because it deprives a judicial applicant any
meaningful opportunity to refute the claims against him.19
Even assuming Section 2, Rule 10 of JBC-009 to be constitutional, Sec. Ochoa
pointed out that it takes effect only when the objector is not a member of the JBC,
for only then can the required unanimous vote be attained. Thus, it should not have
been applied under the facts of the case, as it was a member of the JBC that raised
the objection against Jardeleza.20
C.The JBCs Comment
Late in the afternoon of August 11, 2014 (to be exact, at 4:49 p.m. or past the
dismissal time of SC employees), the JBC filed its Comment with the Court.
[The Member-in-Charge received his copy of the JBC Comment at
approximately 9:30 a.m. of August 12, 2014 or 30 minutes before the
opening of the Court En
_______________
18 Executive Secretary Paquito Ochoas Comment, pp. 1-2.
19 Id., at pp. 2-3.
20 Id., at pp. 3-4.
397
VOL. 733, AUGUST 19, 2014
397

Bancs session. This is another questionable circumstance as the Memberin-Charge was expected to present the developments of the case before the
En Banc.]
CJ Sereno did not participate in the Comment which was filed only on behalf of
Respondent Judicial and Bar Council.
C.1.The JBC Allegations
The JBC defended its actions during the selection process, and presented the
following arguments:
First, Jardeleza availed of wrong remedies in challenging the JBCs actions.
Certiorari is directed towards acts of a board or tribunal exercising quasi-judicial
functions. The JBC does not exercise judicial or quasi-judicial functions; hence,
certiorari is an improper remedy. Neither should mandamus lie to compel the JBCs
discretionary act to select and recommend nominees for vacant judicial positions.21
Second, the JBC gave Jardeleza the opportunity to be heard; he was accorded due
process when some of its members informed him that there were allegations
against his integrity that he should explain at the JBC meeting scheduled
for June 30, 2014. It was Jardeleza who opted not to avail of this right, as he
instead asked that his accuser and his/her witnesses file sworn statements for him
to know the allegations against him; give him adequate time to prepare for his
defense; allow him the opportunity to cross-examine the witnesses; and that the
procedure be done on record and in public, among other things.22
Third, the JBC is not a quasi-judicial or judicial agency or fact-finding agency.

Hence, Jardelezas requests were unnec_______________
21 The Judicial and Bar Councils Comment, pp. 4-7.
22 Id., at pp. 7-8.
398
398

essary; its members are not determining his guilt or innocence, only his fitness to
become a nominee.
Under Sections 3 and 4, Rule 4 of JBC-009, conducting a hearing, receiving
testimony of oppositors, and giving due notice to the candidate regarding the
hearing, are all discretionary options for the JBC when it conducts discreet
investigations on candidates competence.23
Fourth, Section 2, Rule 10 of JBC-009 is applicable even when the person
questioning the integrity of the candidate is a member of the JBC. In that situation,
the objecting JBC member would be excluded from voting for or against the
candidate.24
Lastly, Jardeleza did not divorce himself from the position he holds in government
while pursuing his June 24, 2014 letter-petition and the present petition. Since he
acted as Solicitor General when he sued the JBC, a governmental body, he
committed acts constituting conflict of interests between him and the government,
and thus violated the Code of Professional Conduct.25
Significantly, the Comment did not at all touch on the basis or the cause of
Jardelezas disqualification (except to mention it in passing), but asked for
permission to file a supplement to its Comment.
D.Proceedings after the Initial Comments
In the Courts deliberation of August 12, 2014, the Court gave the adverse parties
the opportunity to reply to give him the opportunity to controvert the new matters
that the JBC asserted in its Comment. The Court likewise gave the JBC the
opportunity to file a Supplemental Comment.26
_______________
23 Id., at pp. 8-10.
24 Id., at pp. 10-11.
25 Id., at pp. 11-16.
26 Court En Banc Resolution dated August 12, 2014.
399
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399

By the nature of the adversarial exchange, the Court authorized the JBC to
expound on the matters already alleged in the Comment, not to introduce new
matters that Jardeleza, because of the time constraints, could no longer
controvert.
D.1.Jardelezas Reply and the JBC Supplemental Comment
Jardeleza again filed his Reply in propria persona,27 in the manner he filed his
petition. An examination of his submission shows that he simply responded by
addressing the points addressed in the JBCs Comment by explaining his side of the
matters raised. It related to his version of events of June 16 and 17, 2014; his
contacts with J. Lagman; and his legal arguments about JBC-009 and 010. I shall
discuss the details of this Reply, particularly the legal arguments, at its proper
places below.
In addition, Jardelezas Reply asserted that the allegations against his integrity
have been rendered superfluous by the voting of the JBC members four of
whom voted to include him in the short list despite the allegations against
his integrity, and by the submission of the short list to the President.28
The JBC Supplemental
characteristics.
Comment,
for
its
part,
carried
several
notable
A first characteristic is its reliance for support on the Minutes of the June 5, 16
and 30, 2014 meetings, which Minutes were attached.29 These Minutes, however,
are far from
_______________
27 Jardelezas Reply dated August 12, 2014, p. 1.
28 Id., at pp. 11-12.
29 The minutes of the JBC Executive Session on June 5, 16 and 30, 2014 were
attached as Annexes A to C, respectively, to the Supplemental Comment-Reply.
400
400

the usual Minutes that are taken in the meetings of collegial bodies.
They do not appear to have been approved by the JBC members and in fact were not
signed except by Atty. Cayosa through a certification. They likewise support a
Supplemental Comment that, like the Comment, alleged facts that were not
verified. Moreover, these were signed by a counsel who did not appear to have firsthand knowledge and information about the facts alleged. In short, neither the
Supplemental Comment nor the Minutes are verified documents that could be
considered at face value.
From these perspectives, both instruments thus take wide liberties with the rules of
pleadings and evidence, in contrast with the Petition that was under oath.
Another characteristic, already mentioned above, is that the Supplemental
Comment did not expound on what the Comment had already raised or on
arguments relating to the Rule 10 reservation.
Not surprisingly and following the pattern of procedural abuse that had been
shown, the JBC supplement touched on completely new matters, dwelling at length
with allegations about the handling of an arbitration case involving the
government, Jardelezas alleged immorality, and a show cause order about
stock transaction improprieties.
All these are matters that were never discussed in the public interviews. Nor
were these even hinted at in the main Comment. Jardeleza was likewise not
given sufficient notice of these objections, except in a general way through J.
Lagman on the matter of the arbitration case, as discussed at length below.
The immorality and stock transaction issues also did not appear in the Minutes
although they surprisingly appeared in the Supplemental Comment they support.
[Immorality was only speculated upon in the Manila Times but was never brought to
the attention of the JBC (although the Supplemen-
401
VOL. 733, AUGUST 19, 2014
401

tal Comment mentioned that Atty. Cayosa allegedly bothered to look at these grounds
but did not appear to have ever filed any formal report about them)].30
The Supplemental Comments focus was simply on the arbitration case. Per the
Minutes of June 16, 2014, at the instance of CJ Sereno, the JBC purposely did
not put the challenge in writing as things could be messy, to which the
Secretary of Justice reportedly retorted If I know there is a challenge to my
integrity that would be ground for my disqualification, then I should be given an
opportunity to respond.31 But this observation begs the question: respond to
what challenge if the details are not provided?
Under these circumstances, it was not surprising that the petitioner, who had
previously bothered to seek redress from the Supreme Court and whose June 24,
2014 letter-petition was then unacted upon, did not immediately answer objections
whose scope and details he did not know about.
In sum, this characteristic, as the first one did, took a lot of liberties and stretched
procedural rules beyond their breaking point.
A third characteristic of the JBC Supplemental Comment is that it embodied
positions from the Chief Justice that she could no longer, on her own, introduce
into this case as she had effectively surrendered her right to comment by not filing
one when and as required by her own Court. To be sure, her Court position
alone does not entitle her to disregard the periods set by the Court, nor entitle her
to file her pleadings at her leisure.
_______________
30 Minutes of June 30, 2014 Executive Session, at p. 2.

31 See Minutes of the JBCs June 16, 2014 Executive Session, p. 3.
402
402

D.2.Other Important Concerns
D.2.a.Basic Lack of Sensitivity to Fairness & Due Process
To top all the above characteristics and to Jardelezas great prejudice, the
JBC dwelt with matters that Jardeleza could no longer controvert in this case
without risking the lapse of the presidential time limit on appointments to the
Supreme Court.
Additionally, the terms of this Supplemental Comment are, on their faces,
sickening as they are no less than daggers used in a character assassination made
in the guise of a Supplemental Comment. Expressly, it alleged that Jardeleza had
been disloyal to the country.32 The Supplemental Comment also laid bare
aspects of the government arbitration case that no responsible government
official, more so if she is Chief Justice, would so openly discuss.
To be sure, to be called disloyal to ones country is no laughing matter that one can
easily brush aside and forget. At the very least, it is a career-killer, not to mention
the personal stigma it leaves on ones person, family and all past accomplishments.
What elevates this charge to the level of malice is that it appears to have been
purposely timed to be embodied in the Supplemental Comment at the stage of the
case when it could no longer be refuted. Those who have read Shakespeares Julius
Caesar can readily appreciate that Jardeleza can now very rightly say: Et tu, Chief
Justice who should be the chief guardian of peoples personal rights
through the due process clause?
_______________
32 See JBC Supplemental Comment-Reply of August 15, 2014, par. 9, p. 2; par. 28,
p. 5; see also: Minutes of the JBCs June 30, 2014 Executive Session at par. 3, p. 4.
403
VOL. 733, AUGUST 19, 2014
403

Understandably perhaps, the Comment does not appreciate fairness and due
process and even refutes their consideration; the case allegedly does not involve life,
liberty or property so that even the concept of fairness cannot apply.
This approach makes one wonder what the terms integrity and reputation mean
to the respondents, and if they realize that libel is penalized because reputation and
integrity are precious treasures that people value; they are in fact treasures that
live beyond us and are not interred with our bones.
For these reasons, I see no need to dwell on and discuss the substantive merits of
the causes alleged to support the disqualification of Jardeleza, and will only focus on
the process involved and their internal or procedural contradictions. I refuse to take
part in character assassination by dignifying the belatedly cited grounds with a
discussion of their substantive merits.
D.2.b.Irresponsible Actions
I do not share, too, CJ Serenos view that we can discuss and be judgmental about a
matter that wholly lies within Executive domain and whose public discussion at this
point may work to the prejudice and detriment of the country. The Judiciary has no
business passing judgment, however informally, on internal developments within
the Executive Department, a coordinate and coequal branch, unless the
developments are facts in issue in a case. Even in the latter case, we should
particularly be careful in our actions when these actions may possibly entail risk to
the national interests.
If the Chief Justice is adventurous enough to take such risks, then this Opinion and
like actions from individual Justices of this Court, will at least signal to the
Executive and to the nation that the Court itself as an institution does not
share the Chief Justices views.
404
404

If indeed she had an awareness of the sensitivity of the matters brought up to the
level of the JBC, she should have taken measures and safeguards to ensure their
confidentiality, or, must have at least consulted with the offices concerned on how
best to handle possible national interest concerns. Ironically, as events in this case
unfolded, she even initiated the full exposition in the Supplemental Comment of
matters that may possibly involve national interest risks.
If for this reason alone, the whole Supplemental Comment and its
attachments, including the Minutes, should be placed on media and third
party embargo, and stricken off the records of this case.
D.3.The Petition for Intervention
A twist at this late stage of this case is the Comment-in-Intervention, allegedly

filed by Atty. Purificacion S. Bartolome-Bernabe (who described herself as President
of the Bulacan IBP Chapter). Unfortunately, the petition contained nothing new,
significant or substantial, and simply parroted the positions in the JBCs own
Comment and Supplemental Comment. In this light and at this stage of the present
case, denial of the proposed intervention should be proper.
E.Jardelezas Reply and its Factual Aspects
a.To support his contention that CJ Sereno purposely excluded him, Jardeleza
firstly stressed that on June 16 and 17, 2014, he received a call from J. Lagman that
CJ Sereno wanted him to make himself available and to appear before them on
June, 30 2014; and that the Chief Justice would invoke Section 2, Rule 10 of JBC009 to question his integrity. J. Lagman stated without detail that the objections
had to do with his work as Solicitor General, and that the Chief Justice would
inform him of her objections to his integrity.33
_______________
33 Jardelezas Reply, pp. 1-2.
405
VOL. 733, AUGUST 19, 2014
405

This is a critical point and is one that, to some extent, the original JBC Comment
actually conceded.34 At page 7 of the same JBC Comment, it adds the statement
that he and Justice Lagman spoke briefly about the case and his general
explanation for how he handled the same. He agreed to explain himself on the
matter. Secretary De Lima also separately informed the petitioner about the content
of the impending Rule 10 objection against him on said date.
No dispute appears that the JBC gave Justice Lagman the task of talking to
Jardeleza about the Section 2, Rule 10 objection against him. The submitted
Minutes made reference to this deputation35 and likewise generally mentioned
what the topic of the queries would be.
What the Minutes and the JBC Comment did not mention, however, were the
details of what J. Lagman relayed to Jardeleza, i.e., the specific points of the
integrity objection and the inquiry to be made. There was likewise no mention
of a separate contact by Secretary De Lima to Jardeleza to make her own
notification.
An examination of the Minutes shows that no detailed discussion was made on
June 5 and 16, 2014 of the specifics of the Chief Justices objection. In fact, it was
not until June 30 when J. Carpio was invited as resource speaker that he fully
explained these details to the JBC members.
Thus, J. Lagman could not have been specific enough about the details when she
invited Jardeleza to the June 30, 2014 meeting, for her invitation to serve as a
sufficient notice alert-
_______________
34 See JBC Comment of August 11, 2014, p. 2; JBC Regular Member and
former Court of Appeals Justice Aurora Santiago Lagman called petitioner and
informed him that during the 5 and 16 June 2014 meetings of the JBC, Hon. Chief
Justice Maria Lourdes P. A. Sereno manifested that she would be invoking Section
2, Rule 10 of JBC-009 because she believes that petitioner does not have the
required integrity to be a member of the Supreme Court.
35 Minutes of the JBCs June 16, 2014 Executive Session, at p. 3.
406
406

ing Jardeleza to what he was to fully answer at the coming meeting.

If logic and common experience would be the standards, it is more believable that J.
Lagman simply generally referred to the factual and legal bases for the objection,
and in fact further said that CJ Sereno would explain the details to Jardeleza at the
June 30, 2014 meeting.
From the perspective of strict legality, J. Lagmans phone call and invitation to
Jardeleza on June 16 and 17, 2014, cannot therefore serve as a notice sufficient for
due process purposes. Jardeleza was invited to come and was only generally
informed that there would be an objection against his integrity. As further discussed
below, despite his subsequent June 24, 2014 letter to the Court and to CJ Sereno, he
was not informed of the details of the objection and was more in the dark rather
than informed and enlightened, when he attended the June 30, 2014 JBC
meeting.
b.Before the June 30, 2014 meeting, Jardeleza made no secret of his concerns and,
in fact, requested specific reliefs, among them the specification of the objections
against him and the sworn statements of the witnesses. This was embodied in
Jardelezas June 24, 2014 letter-petition to the Court with copies to all members
of the JBC. This aspect of the case is not disputed. What lie in the shadows are the
implications of this letter.
At the very least, it cannot be denied that at least five days before the June 30, 2014
meeting, the JBC members were already aware that Jardeleza was already
demanding that he be given specific details of the charges/objections against him.
Yet, no concern from the JBC members was raised about the need for specific details
at the June 30, 2014 meeting; it was only Jardeleza himself who brought the matter
up in the context of asking for a deferment of the June 30, 2014 meeting.
407
VOL. 733, AUGUST 19, 2014
407

Apparently, nothing was raised about specific details as the matter had been settled
during the previous June 16, 2014 meeting: nothing would be in writing
because to take this step would be messy.36
In effect, the JBC sought to undertake a shortcut: what it had in mind, as
influenced by CJ Sereno, was to simply inform Jardeleza of the details of the Section
2 Rule 10 objection to his application on June 30, 2014, and right then and there
ask him to answer questions regarding his integrity.
Would a seasoned lawyer, now an applicant to a vacancy in the Highest Court
with years of private law practice and academic teaching experiences
behind him, and who acts as counsel representing the government in a
pending arbitration case of national importance reply to an open-ended
charge without specifications of its particulars? I think not.
c.The matter of the service of Annex J on Jardeleza is another disturbing
aspect of this case. Jardeleza denied that he received a copy of Annex J which is a
letter from a counsel relating to the government arbitration case.
My own records show that I received the August 11, 2014 JBC Comment with
attached Annexes A to I, and a separate envelope containing Annex J. What
happened in my case does not necessarily mean, however, that the same thing
happened to Jardeleza.
In the first place, why was Annex J placed in a separate envelope when it was
intended as an integral part of the Comment? Was it selectively served on the
parties and was not served on Jardeleza as he claimed? When was this Annex, in
fact, given to the JBC members was it only at the June 30 meeting as the
Minutes indicate?37
_______________
36 Ibid.
37 Minutes of the JBCs June 30, 2014 Executive Session, p. 1.
408
408

I ask these questions in light of the pattern of manipulation that has become
apparent in this case. Is this another one of them? To be sure, I am not ready to
accept that Jardeleza received a copy of the separately-enveloped Annex J in the
absence of independent proof that the separate envelope was separately served and
received.
In other words, I do not believe that proof of receipt of the JBC Comment can serve
as proof of receipt of the separately-enveloped Annex J. Sharp practitioners have
been known in the past to resort to the underhanded technique of serving and
asking for the receipt of envelopes with nothing inside them. This could be a
variation of this sharp technique and could have happened under the warped
circumstances of this case.
F.The
JBCs
Supplemental
Comment
and its Factual Aspects
a.The Supplemental Comment opens with an alleged more detailed and

chronologically arranged restatement of relevant facts.38 As I have stated above,
most of these are simply new matters that have no place in a supplement for the
reasons likewise already stated above.
b.The second point the Supplemental Comment raised is a disclaimer on why it is
disclosing sensitive national interest matters. The reason given is because
the Petitioner himself challenges the JBC to a public and open discussion of
the integrity issue against himthe JBC, to protect its reputation, and
under the legal compulsion of candor before this Honorable Court, has no
recourse but to disclose the facts...39
_______________
38 JBCs Supplemental Comment Reply, at par. 2, p. 1.
39 Id., at p. 1, par. 4.
409
VOL. 733, AUGUST 19, 2014
409

This disclaimer was followed by a recital,40 attributed to CJ Sereno, of internal
matters in the arbitration case. I do hope the attribution and the statements are
wrong as no Chief Justice or even a Judge or Justice should ever claim the flimsy
excuse imputed to her. I ask: if indeed the JBC and the Chief Justice knew of the
sensitivity of the issue to the nation, are their given reasons sufficient for the
disclosures they made?
Given that disclosures had been made, I believe that the best recourse for this Court
under the circumstances, is as I proposed above: embargo the Supplemental
Comment and its Annexes, including the disputed Annex J, and strike
them off from the records of the case.
c.Paragraphs 21 and 22 of the Supplemental Comment are interesting because
they lay the basis for the allegations of Jardelezas immorality and insider
trading.41 Apparently referring to paragraph 21 (the calls of J. Lagman to
Jardeleza) as basis, paragraph 22 which was again attributed to CJ Sereno
stated that the JBC might as well look into these allegations. The problem though is
that J. Lagman does not appear to have ever informed Jardeleza of these grounds as
basis for the integrity objection against him. The Minutes, to be sure, do not reflect
any such communication, much less its details.
d.Both from the Minutes and the Supplemental Comment, it appears clear that J.
Carpio did not appear either as oppositor or as complainant; he was simply invited
by the JBC, through the Chief Justice, to explain matters to the Council. Nor does
it appear that he ever spoke in the presence of Jardeleza and that he was
ever questioned by Jardeleza about the integrity objection.
_______________
40 Id., at pp. 2-4, pars. 6-19.
41 Id., at p. 4.
410
410

All these narrations go to show that Jardeleza was never ever fully informed of what
objection had been laid against him. On June 30, 2014, he was simply asked to
answer general claims with no specification of details something that no lawyer
representing the government in a sensitive national issue and who is worth the title
Attorney, would off-handedly answer.
In short, what he faced was a vague charge that the JBC made, at the initiative of
CJ Sereno, hoping that Jardeleza would be intimidated and would withdraw as
indicated by the Minutes of the June 16 meeting, or that he would blindly answer as
indicated in the Minutes of the June 30 meeting.
Neither possibility materialized and so Jardeleza now stands libeled under the
charge of being disloyal to the country, and denied, quite possibly, of the chance to
be an Associate Justice of the Supreme Court all because of moves pointedly
aimed at preventing him from reaching this Court, seemingly at all costs.
II.Procedural and Legal Issues
A.The Courts power of supervision over the JBC
The JBC functions as a collegial body that recommends to the President a short list
of nominees for vacant judicial positions, from which list the President then chooses
his appointee. It is a constitutional body created under the 1987 Constitution to
replace the highly-political process of judicial appointments in the past, and was
meant to make the selection process more competence-based. It also seeks to shield
the judiciary from political pressure from the other branches of government.42
_______________
42 In De Castro v. JBC, G.R. No. 191002, March 17, 2010, 615 SCRA 666, 743, the
Court pointed out:
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To partly quote the wording of the Constitution, Article VIII, Section 8(1) and (5)
provide that A Judicial and Bar Council is hereby created under the supervision of
the Supreme Court It may exercise such other functions and duties as the
Supreme Court may assign to it.
Supervision, as a legal concept, has been defined as the power of oversight, or
the authority to see that subordinate officers perform their duties.43 It involves
ensuring that the law or the rules governing the conduct of a government body or
subordinate officer are followed. Supervising officials merely see to it that the rules
are followed, but they themselves do not lay down these rules, nor do they have the
dis_______________
x x x Indeed, the creation of the JBC was precisely intended to de-politicize the
Judiciary by doing away with the intervention of the Commission on Appointments.
xxx
43 More often than not, supervision is defined in relation with the concept of
control. In Social Justice Society v. Atienza, 568 Phil. 658, 715; 545 SCRA 92, 152
(2008), we defined supervision as follows:
[Supervision] means overseeing or the power or authority of an officer to see that
subordinate officers perform their duties. If the latter fail or neglect to fulfill them,
the former may take such action or step as prescribed by law to make them perform
their duties. Control, on the other hand, means the power of an officer to alter or
modify or nullify or set aside what a subordinate officer ha[s] done in the
performance of his duties and to substitute the judgment of the former for that of
the latter.
Under this definition, the Court cannot dictate on the JBC the results of its
assigned task, i.e., who to recommend or what standards to use to determine who to
recommend. It cannot even direct the JBC on how and when to do its duty, but it
can, under its power of supervision, direct the JBC to take such action or step as
prescribed by law to make them perform their duties, if the duties are not being
performed because of JBCs fault or inaction, or because of extraneous factors
affecting performance. Note in this regard that, constitutionally, the Court can also
assign the JBC other functions and duties a power that suggests authority
beyond what is purely supervisory.
412
412

cretion to modify or replace them. If the rules are not observed, they may order the
work done or redone, but only to conform to the rules.44
Following this definition, the Courts supervisory authority over the JBC is to see to
it that the JBC follows its own rules. Thus, when there are allegations regarding the
JBCs noncompliance with its own rules, especially when it comes from an applicant
who is in the position to know of these infirmities, then the Court, through its
supervisory authority over the JBC, has the duty to inquire about the matter and
ensure that the JBC complies with its own rules.
In the present case, Jardeleza came to know of JBCs actions and perceived these to
be procedurally infirm because he had been kept in the dark about their details. He
consequently feared for his chance and opportunity to intelligently answer the
charges or objections that could be laid against him. Thus, he came to this Court,
asking for the enforcement of the JBC rules as his relief. His allegation of
supporting facts and invocation of the JBC rules, generally undenied in the JBCs
Comment, are sufficient to trigger further inquiry from this Court into the JBCs
actions.
_______________
44 In Hon. Dadole v. COA, 441 Phil. 532, 543-544; 393 SCRA 262, 271 (2002), citing
Drilon v. Lim, G.R. No. 112497, August 4, 1994, 336 SCRA 201, 214-215 (2000), we
have further discussed the difference between control and supervision. Officers in
control lay down the rules in the performance or accomplishment of an act. If these
rules are not followed, they may, in their discretion, order the act undone or redone
by their subordinates or even decide to do it themselves. On the other hand,
supervision does not cover such authority. Supervising officials merely see to it that
the rules are followed, but they themselves do not lay down such rules, nor do they
have the discretion to modify or replace them. If the rules are not observed, they
may order the work done or redone, but only to conform to such rules. They may not
prescribe their own manner of execution of the act. They have no discretion on this
matter except to see to it that the rules are followed.
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B. The Courts constitutional duty to deter mine grave abuse of discretion
under its expanded jurisdiction
The present petition unequivocably imputes grave abuse of discretion amounting to

lack of jurisdiction to the JBC and CJ Sereno, and thus invokes the Courts
expanded jurisdiction under the 1987 Constitution.
As I have noted in several cases in the past, the 1987 Constitution granted the
Court an expanded jurisdiction to determine whether grave abuse of discretion had
been committed by a government agency or instrumentality, viz.:
Section1.The judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any branch or instrumentality of the
Government.
Under these terms, the present Constitution not only integrates the traditional
definition of judicial power, but introduces as well a completely new
expanded power to the Judiciary under the last phrase to determine whether
or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the Government.
Under this expanded judicial power, justiciability expressly and textually depends
only on the presence or absence of grave abuse of discretion, as distinguished from a
situation where the issue of constitutional validity is raised within a traditionally
justiciable case which demands that the requirement of actual controversy based on
specific legal
414
414

rights must exist. Notably, even if the requirements under the traditional definition
of judicial power are applied, these requisites are complied with once grave abuse of
discretion is prima facie shown to have taken place. The presence or absence of
grave abuse of discretion is the justiciable issue to be resolved.
Rule 65 of the Rules of Court reflects the traditional jurisdiction of the Court, and
thus requires that a petition for certiorari be directed towards a judicial or quasijudicial act. Jurisprudence after the 1987 Constitutions enactment, however, has
repeatedly invoked the Courts expanded jurisdiction albeit without expressly
naming it by carving out exceptions on the requirements for justiciability. Recent
cases, however, have been more cognizant of the Courts expanded jurisdiction.45
Thus, through its practices, the Court has allowed the use of certiorari as a remedy
to invoke the Courts expanded jurisdiction to determine whether grave abuse of
discretion had been committed. The Court has so acted regardless of whether the
assailed act is quasi-judicial or not.46
In these lights, I do not find the JBCs argument that Jardeleza availed of the wrong
remedy to be persuasive; Jardelezas petition invoked the Courts expanded
jurisdiction, not its traditional jurisdiction.
To successfully invoke the Courts expanded jurisdiction, the petitioner must prima
facie show that the assailed act constitutes grave abuse of discretion by any branch
or in_______________
45 Belgica v. Executive Secretary, G.R. No. 208566, November 19, 2013, 710 SCRA
1; Imbong v. Executive Secretary, G.R. No. 204819, April 8, 2014, 721 SCRA 146;
Araullo v. Aquino III, G.R. No. 209287, July 1, 2014, 728 SCRA 1.
46 Gutierrez v. The House of Representatives Committee on Justice, G.R. No.
193459, February 15, 2011, 643 SCRA 198.
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strumentality of government.47 In my view, Jardeleza complied with this
requirement with his narration of the facts that transpired during the selection
process vis--vis the JBC Rules of Procedure, which allegations the JBC did not
essentially contradict.
Notably, Jardeleza has not been lukewarm in asserting his right to due process; he
has been very consistent in pushing for the implementation of the JBC rules in his
case. He did this in his June 24, 2014 letter-petition to this Court. He repeated this
in the position he took and his statement before the JBC on June 30, 2014. He has
reiterated these positions in his present petition.
In sum, the Court exercises two points of entry in assuming jurisdiction
over the present petition. The first is its supervision over the JBC , while the
second is the exercise of its expanded judicial power . Both of these powers
are constitutional in nature.
C.The Violation of Jardelezas right to due process
In its Comment, the JBC emphasized that under its rules, it has full discretion to
conduct a discreet investigation on the background of judicial applicants. This
discretion includes, by its account, the authority to determine whether the hearing
of oppositors testimonies and the submission by applicants of written comments on
the opposition to them, are necessary.
The JBC downplayed these requirements whose absence Jardeleza claims to be
violative of his rights and noted that it is not a quasi-judicial nor a judicial body
concerned with the applicants guilt or innocence.48 In any case, the JBC claimed
that it gave Jardeleza the opportunity to be heard on June 30,
_______________
47 See J. Brions Separate Opinion on Araullo v. Aquino III, supra note 45 at p.
249.
48 JBC Comment, at pp. 9-10.
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416

2014 but he refused this opportunity as he instead insisted on his claimed

procedural rights.
Under these conflicting claims, the case before us largely becomes a due
process matter: is Jardeleza entitled to due process and, if so, was he denied
his rights?
C.1. Procedural due process applies to the JBCs governmental action of

excluding Jardeleza from the short list of nominees
As earlier discussed, the JBC is a novel creation under the 1987 Constitution, which
replaced the confirmation process that members of the judiciary previously had to
undergo after appointment. The 1987 Constitution gave the JBC the task of
selecting and submitting a short list of nominees (composed of at least three men
and/or women of proven competence, independence, probity and integrity) from
where the President can choose the judge or justice he will appoint.
But unlike other constitutional bodies whose functions have been enumerated by
the Constitution, the Constitution did not lay down in exact terms the process the
JBC shall follow in determining applicants qualifications. In this sense, the JBC is
sui generis; the process it shall follow is entirely left for its determination
essentially a grant of quasi-legislative power. This rule making power is at the same
time plenary, subject only to the supervisory authority of the Supreme Court, to the
constitutional provisions recognizing the fundamental rights of individuals, and to
higher constitutional principles such as checks and balances in government, among
others.
In other words, the uniqueness and novelty of the JBCs selection process give it
ample but not unbridled license to act in performing its duties. It cannot conduct
its proceedings in violation of individual fundamental rights or other

provisions of the Constitution.
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For this reason, I cannot agree with the JBCs contention that the investigative
nature of the selection process automatically means that the due process rights of
applicants cannot be invoked against it. As a body vested with governmental
functions, it interacts with, and its actions affect, individuals whose rights
must be considered.
To determine whether these interactions should involve procedural due process
rights, the United States Supreme Court (whose Bill of Rights rulings we use as
nonbinding guides) use the balancing of interests approach developed in Mathews v.
Elridge49 as follows:
Due process, unlike some legal rules, is not a technical conception with a fixed
content unrelated to time, place and circumstances. Due process is flexible and calls
for such procedural protections as the particular situation demands. Accordingly,
resolution of the issue whether the administrative procedures are
constitutionally sufficient requires analysis of the governmental and
private interests that are affected. More precisely, identification of the specific
dictates of due process generally requires consideration of three distinct factors:
First, the private interest that will be affected by the official action; second,
the risk of an erroneous deprivation of such interest through the procedures
used, and the probable value, if any, of additional or substitute procedural
safeguards; and finally, the governments interest, including the function
involved and the fiscal and administrative burdens that the additional or substitute
procedural requirement would entail x x x.50
This test, applied to the accusations of a JBC member against the integrity of
Jardeleza, shows that procedural due process should have been made available.
_______________
49 424 U.S. 319 (1976); emphasis ours.
50 Id.
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418

The private interest affected by the JBCs actions involve Jardelezas inclusion
in the short list of nominees and his opportunity to become part of this Court.
That Jardelezas inclusion in the list gives him a mere opportunity to become a
Supreme Court Justice does not minimize this interest, as the surrounding
circumstances show that he was a strong contender for appointment: despite the
accusations against him, Jardeleza still gained the four votes necessary for inclusion
in the short list. Further, the Comment of the Executive Secretary, a party to this
case as the alter ego of the President, prayed that Jardeleza be included in the list.
Most importantly, the JBCs actions massively, but negatively, affected
Jardelezas reputation as a lawyer, as a private individual and as a citizen.
Involved here is a reputation built up over the years as an outstanding student, a
preeminent law practitioner, and a high ranking government official now officially
representing no less than the Government. Jardelezas noninclusion in the list
despite being considered by many as a strong contender, taken together with the
statement from the Courts Public Information Office announcement that there
should have been five nominees, had it not been for an invocation of Rule 10, Section
2 of JBC-009 cannot but signal doubts about Jardelezas integrity. That Jardeleza
was the excluded nominee had been confirmed by subsequent judicial proceedings
before this Court, that has been the subject of media attention through various
articles speculating on his integrity.
Thus, the JBCs failure to apply procedural due process has prejudiced Jardelezas
private interest: he was excluded from the short list of nominees, to the prejudice of
his reputation and despite the required majority votes he garnered. Conceivably, the
accusation against him if left unresolved would also affect his continued stay
in his post as Solicitor General since the media continues to speculate on the
matter. Further inaction from this Court would further taint
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Jardelezas reputation, given the allegations already made at the JBC and in these
proceedings.
As pointed out in the Prefatory Statement, many other interests are affected by the
actions of the JBC. An erroneous application of the JBC selection rules
indirectly limits the Presidents appointment choices and thus restricts the
Presidents appointing authority. An erroneous application can likewise affect
the composition of this Court and, under the facts of this case, possibly the values
this institution stands for.
The JBC itself benefits by implementing procedural safeguards, such as the
interpretation of its rules to consciously implement the rudiments of procedural due
process, or at the very least in the present case, by giving Jardeleza a meaningful
opportunity to be heard and address the accusations against him. The Judiciary
under whose umbrella the JBC exists likewise benefits. Overall, these safeguards
increase transparency and credibility of the selection process and produce
greater belief in the independence of the judiciary as an institution.
Not to be overlooked in implementing safeguards are the burdens that the JBC must
undertake and that procedural due process may entail. All these must be weighed
against the JBCs benefits and the private and other interests affected.
The JBC, to be sure, operates under constraints under its duty to submit a short list
of nominees: the Constitution requires the President to appoint within 90 days from
occurrence of the vacancy and he cannot fulfill this duty unless he receives the JBC
short list. The JBC, too, cannot haphazardly act and must thoroughly examine its
nominees to ensure that they possess the required qualifications for membership in
the judiciary.
Providing an applicant who has passed the initial screenings and who has in fact
secured sufficient votes to be nominated, with the opportunity to meaningfully
defend himself
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420

from accusations against his integrity, would not have been too much of a burden on
the JBC sufficient to adversely affect its actions within the required 90-day
appointment period.
Based on the facts of the case, the deadline to transmit the short list is a reasonable
time before the Presidents own deadline of August 20, 2014. Even assuming that
the accusation against Jardeleza materialized only sometime after the public
interview (or on June 5, 2014 at the latest under the facts of the submitted
Minutes), the JBC had more than a month to inform Jardeleza of the accusations
against him and to confront him about it under due process safeguards. This,
unfortunately, was not done although this course of action is fully in line with the
JBCs interest to submit properly vetted and qualified nominees, and promote
transparency and accountability in the selection process.
C.2. Procedural due process as applied in the case requires fairness
How could and should the JBC have met the requirement of procedural due process
in the present case?
Procedural due process is a flexible concept, and the required safeguards and
procedures to ensure it may change based on the nature of the case and the
attendant facts. But at the heart of procedural due process is fairness, as embodied
in its most basic requirements: the meaningful opportunity to be heard (audi
alteram partem) by an impartial decision-maker (nemo judex in parte
sua).51 Due process, as it originated from England, embodied these two
interlocking principles,
impartiality.
which
ultimately
prohibits
partiality
and
fosters
As the JBC selection process is a sui generis proceeding, no existing jurisprudential

standard can definitively be used as
_______________
51 See: Concurring Opinion, J. Brion, in Perez, et al. v. Phil. Telegraph and
Telephone Co., G.R. No. 152048, April 7, 2009, 584 SCRA 110.
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judicial precedent for the due process required in the selection process. But, at the
very least, the most rudimentary aspect of procedural due process should apply:
there should be meaningful opportunity to present ones case and the consideration
must be made by an impartial judge.
Unfortunately, neither of these aspects had been observed in the present case. On
the contrary, what appears from the records on a collective reading of seemingly
disparate incidents, is a determined effort to discredit Jardelezas integrity without
giving him the benefit of impartial consideration.
C.3. Jardeleza was not given a meaningful opportunity to be heard
The opportunity to be heard, in order to be truly meaningful, must in the first place
involve due notification of what the charge or objection is. The charge or objection is
the reckoning point from where the party to be heard will base his own position.
In the present case, this reckoning point is nowhere to be found as the notification, if
the phone calls by J. Lagman can be so characterized, was effectively only a
summons to a hearing with which Jardeleza complied. As I pointed out above, J.
Lagman, who phoned Jardeleza, could not in fact fully state the exact objection
because she was also only fully briefed about it on June 30, 2014, when J. Carpio
came to explain.
Bothered by what was happening and fearing a Star Chamber inquiry (to borrow
an Inquirer editorial allusion), Jardeleza came to this Court and asked for help.
Pointedly he asked in his June 24, 2010 letter: what exactly is the objection
about?
In my view, it is not enough to say that it is an integrity objection and simply point
to the portion of the JBC rules on integrity objections. Even a general idea of what
the matter would not be enough under the facts of the present case where Jardeleza
is the Solicitor General directly acting on an arbi422
422

tration case that is still pending. Responding to unspecified charges could only open
up a lot of things within the limitations of lawyer-client relationship and the
pendency of the case. The matter becomes more complicated if the case indeed
involves national security or national interest considerations. Overall, what one
could or would say, had to be carefully weighed and considered.
In the considerations of the parties submissions, I examined all the given facts,
although I also posited that the Supplemental Comment should be stricken from the
records of the case. But even if I were to fully consider the Supplemental Comment,
I would still have the same conclusion, even made stronger in my mind by the
seemingly disparate incidents that collectively point to a concerted and focused
drive to exclude Jardeleza from the nomination list. Indeed from the seat of
power and control, one may manipulate events with facility so that the
moving hand remains unseen. But over time and when the dots are inevitably
connected to one another, the pattern will show, as that pattern had been shown in
the examination made above.
To point the obvious ones, first, the objection was not made at the earliest
opportunity to give the JBC, as a body, full consideration of the objection. It was
raised at the last moment when the short list was already being considered, using
a provision of the JBC rules that is being invoked for the first time.
Second, it was apparently raised after a hidden campaign to exclude Jardeleza
must have failed at the JBC, i.e., after it became obvious that Jardeleza would get
the required votes unless an overt objection was made. Note in this regard that
even the Supreme Court appeared to have been manipulated when it was
not given the chance to vote for its recommendees. Apparently, Jardeleza would
have made, if not topped, the list of Court recommendees since the Members of the
Court have seen him in action during the oral arguments, have read his pleadings,
and collectively have a
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very high respect for the Solicitor Generals handling of the Reproductive Health,
the PDAF and the DAP cases, where he conducted a very creditable (although
losing) presentation of the governments case.
Third, the JBC obviously and even by admission, shied away from any written
specification of the grounds for objection, only for CJ Sereno to come up with, not
only one, but three grounds to clinch the exclusion she wanted.
Note that as early as June 5, 2014 she already expressed the intent to use a Section
2, Rule 10 objection a first in the history of the JBC. Nothing was done however
to fully specify what the objections were, or to provide for safeguards if the ground
indeed should be highly confidential.
Very easily, the notification could have been a confidential but written one, shared
only among the JBC members and Jardeleza. The opportunity to do this was
present up to the meeting of June 16, 2014, but still the JBC, apparently with the
guidance of CJ Sereno, sought the verbal route. Why the telephone calls could not
have served as an effective notice has been discussed above and need not be
repeated here.
Fourth, matters came to a head when Jardeleza, instead of being cowed and
intimidated into inaction or surrender, chose to meet the situation head-on by
writing the Supreme Court his June 24, 2014 letter-petition.
Receipt of the letter-petition by the Court (and soon after, by the Justices) came on
June 25, 2014. Yet surprisingly, this was never acted upon, and was not even raffled
to a Member-in-Charge until 30 minutes before En Banc time a day after the June
30, 2014 JBC meeting.
This type of delayed action, to my mind, showed the intent to manipulate, as an
early raffle could have precipitated an urgent recommendation to issue a temporary
restraining order, as had been done in previous cases when time was of the essence
in important matters and cases. Indeed, it is intriguing that the raffle was made on
the day after the June
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424

30, 2014 JBC meeting that resulted in a short list of nominees when moot and
academic ruling could be very tempting.
Fifth, what apparently threw a monkey wrench in the plan to easily get the June
24, 2014 letter-petition out of the way, was the recommendation of the initial
Member-in-Charge, not to simply NOTE the letter and not to enter a moot and
academic ruling, but to ask the parties to comment in order to conduct a quiet but
speedy investigation.
At that point, objections at the En Banc were made, resulting in a majority ruling to
NOTE the letter without prejudice to any action Jardeleza might take. This was of
course a move that already rose to the level of malice, as time was of the essence in
acting on the matter; the regular and formal certiorari process alone would have
eaten up precious time on the part of the appointing authority.
Still relying on judicial processes, Jardeleza dutifully filed his petition on July 18,
2014 or about a month away from the Presidents August 20, 2014 deadline. The
Court acted on the petition in its July 22, 2014 Resolution by requiring the parties
to comment within a non-extendible period of ten days.
Surprise of surprises, this simple unsigned Court Resolution that could be prepared
from a template was not issued until August 1, 2014, thus again eating up a good
portion of the Presidents precious appointing time.
Sixth, the JBC filed its Comment at the last minute of the last hour of the deadline,
August 11, 2014 or a day before the En Banc meeting of August 12, 2014. A copy of
the Comment was given to the Member-in-Charge about 30 minutes from En
Banc time: how could the Member-in-Charge meaningfully consider the Comment
under this time constraint?
Significantly, CJ Sereno, a separate respondent, did not file any comment despite
the non-extendible period given. The catch was in the prayer of the Comment that
asked for a supplement where, as events unfolded, the full blast of CJ
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Serenos case was disclosed. At that time, Jardeleza could hardly be given time to
respond to the new matters alleged in the supplement as it was already August 15,
2014 the Friday before the last En Banc session on August 19, 2014; the
Presidents limited time expires the next day, August 20, 2014.
C.4. The JBCs impartiality in resolving the integrity objection against Jardeleza is doubtful
The facts, as derived from the pleadings, also raise questions about the JBCs
impartiality as shown by the manner it handled the objections against Jardelezas
integrity.
First, Jardelezas oppositor was CJ Sereno, who was not only a member of the JBC,
but its ex officio chair. Despite the opposition CJ Sereno voiced out against
Jardeleza, she was allowed to continue to sit and take part in the JBC deliberations
on Jardeleza.
That she did not vote for Jardelezas inclusion or exclusion in the short list is not as
material as her participation in the deliberations, where she had been at a better
position to influence the decision of the JBC members. The Chief Justices
participation in the deliberations allowed her to answer questions that other JBC
members posed as they underwent the decision-making process of including or
excluding Jardeleza; she could voice out her opinions and counter-arguments
against the misgivings and thoughts of other JBC members while they were
individually considering their votes, while effectively blocking whatever arguments
there might be to support Jardeleza.
This is in contrast to treating her as any other oppositor, where she would have the
opportunity to present her case against Jardeleza but not counter-argue as the JBC
members deliberate. Effectively, even without voting, CJ Sereno was allowed to be
an oppositor against Jardeleza and at the same time part of the body that would
decide his fate a situation
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426

that the maxim nemo judex in parte sua (no man should be a judge of his own cause)
had warned against.
The selective application of the JBCs rules is also highly suspect. The proceedings
before the JBC showed that some of its members were aware that opposition to an
applicants inclusion in the short list and his response thereto should be in
writing.52 The JBC, upon CJ Serenos insistence, chose to ignore this rule which
embodied procedural due process for the sole reason that it would be messy.53
Instead, the JBC opted for an on-the-spot confrontation against Jardeleza, and
applied the unanimous vote requirement under Section 2, Rule 10 of JBC-009. That
a rule favorable to Jardeleza was not implemented while a rule that would make it
more difficult for him to become a nominee was
_______________
52 The minutes of the JBCs June 16, 2014 Executive Session show that
Congressman Tupas pointed out that the rules provide that an outsiders opposition
and the applicants comment to the opposition should be in writing, and asked
whether the same requirement should apply if the oppositor is a member of the
JBC:
Congressman Tupas continued should there be prior opposition in writing by
an outsider, he is allowed an opportunity to comment on the objection in
writing. He inquired: If there is a challenge made by an insider or a Member, then
the applicant can no longer obtain an affirmative vote from all the Members, and is
he therefore automatically disqualified? If a member invokes Rule 10, Sec. 2, should
not the candidate be given a chance to respond to the challenge in writing to his
integrity before a vote is taken? Minutes of the JBC June 16, 2014 Executive
Session, p. 3, emphasis ours.
53 In response to Congressman Tupas queries, Chief Justice Sereno replied:
Chief Justice Sereno pointed out that putting the challenge to Sol. Gen. Jardeleza in
writing could be messy as it would alert attention from the international
community and the international embarrassment and the possible adverse effect of
this on the Philippine claim might be complicated. Minutes of the JBC June 16,
2014 Executive Session, p. 3.
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enforced, shows beyond doubt the impartiality that the JBC exercised against him.
C.5. The JBC gravely abused its discretion when it violated its own rules
The above discussion on procedural due process does not dwell on the topic of the
JBCs compliance with its rules; instead, it juxtaposed the JBCs actions with the
rudimentary principles of due process. The two principles of procedural due process
the right to be heard by an impartial tribunal are required of the JBC, even
without any express rule requiring them to observe these standards.
The JBC, however, has formulated its own rules, which even commanded that a
higher standard for procedural process be applied to Jardeleza. But even so, by
opting to selectively apply its own rules to the prejudice of Jardeleza, the JBC not
only violated the precepts of procedural due process; it also violated the very rules it
has set for itself and thus violated its own standards.
This kind of violation is far worse than the violation of an independently and
externally imposed rule, and cannot but be the violation contemplated by the term
grave abuse of discretion. The JBC cannot be allowed to create a rule and at the
same time and without justifiable reason, choose when and to whom it shall apply,
particularly when the application of these rules affects third persons who have
relied on it.
In the case of Jardeleza, the JBC had prevailing rules on how to handle objections
posed against applicants as well as rules that fully satisfied the requirements of
procedural due process: an objection that is sufficiently serious is required to be in
writing under required safeguards, and the applicant is given time to reply and the
right to be heard.
The application of these rules on objection were, for some reason, different in the
case of Jardeleza. Despite being a very serious candidate who in fact merited the
vote of a majority of
428
428

the members of the JBC, no specification in writing was ever made and the JBC
contended itself with a phone notification whose scope and effectiveness are
amorphous. The failure continued despite a formal letter-petition made by Jardeleza
before this Court that, unfortunately, was itself blocked, so that Jardeleza had to
resort to the present case.
The difference in treatment, of course, could be in the personality of the party
objecting to Jardeleza the Chair herself of the JBC and by the selected timing
of the presentation of the objection after all objections had been heard during the
final selection of the nominees to be short listed. These circumstances, to my mind,
make the JBC violation far worse than a mere differential treatment of an applicant
with an outside objector, particularly when, as shown above, circumstances exist
revealing a focused effort to exclude Jardeleza.
Admittedly, both JBC-00954 and JBC-01055 allow the conduct of a discreet
background information on the applicant. It is my view, however, that once the
discreet
background
investigation
produces
an
opposition
to
the
application, then such opposition should be in writing.

True, the JBC has the discretion to motu proprio entertain or discard an opposition.
That is the import of the word may
_______________
54 Section2.Background Check.The Council may order a discrete background
check on the integrity, reputation and character of the applicant, and receive
feedback thereon from the public, which it shall check or verify to validate the
means thereof.
55 SEC.3.The Judicial and Bar Council shall fix a date when it shall meet in
executive session to consider the qualification of the long list of candidates and the
complaint or opposition against them, if any. The Council may, on its own, conduct a
discreet investigation of the background of the candidates.
On the basis of its evaluation of the qualification of the candidates, the Council shall
prepare the shorter list of candidates whom it desires to interview for its further
consideration.
429
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in Section 3,56 Rule 4. But regardless of the JBCs action or inaction to it, the
opposition should be in writing. Both Section 3, Rule 4 of JBC-009 and Section 2
of JBC-010 require that an opposition or complaint against an applicant be in
writing, while the latter even requires that this be supported by annexes. In short,
the JBC can receive an opposition to an application only if it is in writing, and
cannot choose to receive verbal objections.
Once the complaint or opposition is given due course by the JBC, the Secretary of
the Council is duty-bound under Section 2 of JBC-010 to furnish a copy to the
applicant, who shall then have five days from receipt thereof to comment, if he so
desires.
What is optional for the JBC is to require a testimony of the oppositor or his
witnesses but once it decides to do so, it is required to give due notice to the
applicant who shall be allowed to cross-examine the opposite and to offer
countervailing evidence.
Thus, I cannot agree with the way the JBC interpreted its rules to allow it to
conduct an on-the-spot interrogation of Jardeleza, without even notifying him of the
specificities of the charges against him. This, as earlier discussed, violates the basic
rudiments of procedural due process.
It must be remembered, at this point, that in case of doubt as to which of two
interpretations of a rule applies, the construction that enforces right and justice
should prevail;57 that which recognizes due process, accountability in government
and transparency should be favored. From this perspective
_______________
56 Section3.Testimonies of Parties.The Council may receive written opposition

to an applicant on ground of his moral fitness and its discretion, the Council may
due notice to the applicant who shall be allowed to be cross-examine the opposite
and to offer countervailing evidence.
57 De Padilla v. De Padilla, 74 Phil. 377, 387 (1943).
430
430

and of this principle to the present case, the JBCs interpretation of its rules should
not be given effect to the extent that it violates due process and fosters partiality.
III.Court Action on the Petition
In this all-important case where the matter in dispute may touch on the Presidents
power of appointment, the power of the JBC as a body tasked with the submission of
nominees to the President, and the Courts own power under the Constitution, the
Court once again must tread carefully to ensure maximum harmony among the
different contending entities while ensuring that the Constitution is fully respected.
A.The President and his Appointing Power
No major obstacle appears with respect to the Presidents power to appoint, as the
Courts lookout is protective how to protect this power to ensure that it remains
full and unfettered.
If at all, a problem may arise if the President overshoots the temporal limitation in
the exercise of his appointing power, i.e., if he does not appoint and waits for the
final outcome of this case.
Any fear of conflict with the President on this point, however, would be misplaced as
this is a case of first impression where the risk present is the fettering of the power
of appointment. This Court should not be a stumbling block if the President takes
the view that he should not exercise his power of appointment in the meantime that
the list to be submitted to him is incomplete and is still being litigated in this Court.
This presidential approach, in fact, is a recognition of the proper exercise of
jurisdiction by this Court.
B.Relationship with the JBC
As has earlier been discussed, the Court exercises two points of entry in assuming
jurisdiction over the present peti431
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431

tion. The first is its supervision over the JBC, while the second is the exercise of its
expanded judicial power. Both of these powers are constitutional in nature.
The JBC is under the supervision, not just of a member of the Supreme Court but of
this Court as a collegial body. Since the JBCs main function is to recommend
appointees to the judiciary,58 this constitutional design was put in place in order to
reinforce another constitutional mandate granted to this Court: its administrative
supervision over all courts and personnel thereof.59
In Ambil, Jr. v. Sandiganbayan and People,60 we characterized what makes up the
power of supervision:
On the other hand, the power of supervision means overseeing or the authority of
an officer to see to it that the subordinate officers perform their duties. If the
subordinate officers fail or neglect to fulfill their duties, the official may
take such action or step as prescribed by law to make them perform their
duties. Essentially, the power of supervision means no more than the power of
ensuring that laws are faithfully executed, or that subordinate officers act within
the law. The supervisor or superintendent merely sees to it that the rules are
followed, but he does not lay down the rules, nor does he have discretion to
modify or replace them.61
This ruling shows that the power of supervision is both normative and proactive.
The supervisor not only ensures that the subordinate acts within the bounds of its
law-laden duties and functions; he may also compel a subordinate to perform such
duties and functions, whenever it becomes clear that the subordinate has already
acted in disregard of it.
_______________
58 Constitution, Section 8(5), Article VIII.
59 Constitution, Section 6, Article VIII.
60 G.R. Nos. 175457 and 175482, July 6, 2011, 653 SCRA 576.
61 Id., at p. 596; emphasis ours.
432
432

That the JBC is granted the full discretion to determine its own rules and select
the nominees it deems qualified is beyond question. This discretion, however, like all
other exercise of discretion, comes with the limitation that the JBC rules should not
violate the fundamental rights of third parties as well as the provisions of the
Constitution. Whenever any such violation occurs, the Supreme Court may step in
wearing its second hat in its relationship with the JBC exercising its power to
correct grave abuse of discretion under Section 1, Article VIII of the Constitution.
Thus, under the Courts supervisory authority over the JBC, it can compel the JBC
to comply with its own rules. Had the letter-petition earlier been granted, the Court
could have had compelled Jardelezas objectors to put their oppositions in writing
and allow Jardeleza to comment thereon, and, if necessary, present countervailing
evidence and cross-examine his oppositors in a hearing conducted for such purpose.
Compelling the JBC to exercise its discretion of including a person in a list of
nominees, however, is another matter. The Court cannot issue a writ of mandamus
to compel the JBC to include Jardeleza in the short list, since mandamus can only
be directed to oblige the performance of a ministerial act. On the contrary, the
decision to include a particular candidate in the short list of nominees is a
discretionary action on the part of the JBC. As we explained in Pefianco v. Moral:62
It is settled that mandamus is employed to compel the performance, when refused,

of a ministerial duty, this being its main objective. It does not lie to require anyone
to fulfill a discretionary duty. It is essential to the issuance of a writ of
mandamus that petitioner should have a clear legal right to the thing
demanded and it must be the imperative duty of the respondent to perform
the act required. It never issues in doubtful cases. While it may not be necessary
_______________
62 379 Phil. 468, 479; 322 SCRA 439, 448 (2000).

433
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433

that the duty be absolutely expressed, it must nevertheless be clear. The writ will
not issue to compel an official to do anything which is not his duty to do or which is
his duty not to do, or give to the applicant anything to which he is not entitled by
law. The writ neither confers powers nor imposes duties. It is simply a command to
exercise a power already possessed and to perform a duty already imposed.
Thus, the Courts available action, if it is to be based on its power of supervision,
is to direct the JBC to reconvene and accord Jardeleza the due process rights that
must be accorded to him. Under the circumstances of this case, however, this
remedy may not be available as the Court has to take into account the Presidents
time limitation in exercising its power of appointment. Thus, this available action,
should only be considered in the future and in reserve, to be taken only in the more
appropriate cases where time limitation is not a major constraint.
As the preceding discussions would show, the JBC had acted in grave abuse of
discretion when it selectively applied its rules to make it more difficult for Jardeleza
to be included in the short list. The JBCs noncompliance with its own rules, in turn,
violated Jardelezas due process rights. The recognition that this action is a grave
abuse of discretion renders the proceedings undertaken on Jardelezas integrity null
and void, i.e., an event that was never invoked, that never happened, and that
should have no legal effect.
In other words, because of the JBCs grave abuse of discretion in handling the
accusations against Jardelezas integrity, its invocation of Rule 10, Section 2 of JBC009 (requiring unanimous votes in cases where there are accusations against the
applicants integrity) should be nullified. The accusations should be deemed never to
have happened so that no need exists to invoke Section 2, Rule 10 of JBC-009. The
practical effect of this declaration is to recognize the majority votes the JBC
previously cast in Jardelezas favor. He should thus be434
434

declared included in the short list of nominees pursuant to this JBC action.
Conclusions
Based on the above premises, I join the ponencia in the results and additionally hold
to ensure the maintenance of the Courts integrity and dignity as an institution
under the circumstances of this case that
1) The JBCs Supplemental Comment should be stricken from the records and its
copies withdrawn from circulation with the caveat that its contents should not be
publicly printed and disseminated;
2) The Court should declare that the JBCs selective application of its rules, in light
of accusations against petitioner Jardelezas integrity, violated Jardelezas right to
due process; the application therefore of Section 2, Rule 10 of JBC-009 is declared
invalid; and
3) In light of this invalidity and the majority votes the JBC already cast in
Jardelezas favor, he should be declared included in the list the JBC submitted to
the President on June 30, 2014.
In light of the time considerations involved, the Courts decision should be
immediately executory. The Office of the President should be immediately notified
of the results of the Courts decision even pending the formal release of the Courts
decision.
SEPARATE OPINION
PERALTA,J.:
I voted in favor of the majority when the Court En Banc deliberated upon the letterpetition of Solicitor General Francis Jardeleza in our June 24, 2014 Resolution,
which merely
435
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435

NOTED the said letter, because the selection by the Judicial and Bar Council
(JBC) was already finished on June 30, 2014 and the lack of sufficient time to
thoroughly study the contents of the said letter, the same having been calendared
for deliberation only that morning of July 1, 2014, the scheduled En Banc session.
I, however, concurred with the majoritys pronouncement that it was without
prejudice to any remedy that Solicitor General Jardeleza would want to pursue.
True enough, the proper petition against the Chief Justice, the JBC, and Executive
Secretary Paquito N. Ochoa, Jr. was filed by Solicitor General Jardeleza on July 18,
2014.
After going over and pondering upon the ponencia and the opinions of the other
Justices, I am registering my concurrence with the opinion of my esteemed colleague
Justice Jose Catral Mendoza and, likewise, adopt the separate concurring opinions
of my respected colleagues Justices Teresita Leonardo-De Castro and Arturo D.
Brion. Verily, Solicitor General Jardeleza was unduly deprived of his right to due
process in the proceedings before the JBC and, further, the Courts constitutional
power of supervision over the JBC must be upheld.
DISSENTING OPINION
LEONEN,J.:
Prefatory Statement
In the guise of an invocation of due process of law, this petition tempts us to reach
beyond our constitutional duties and require the Judicial and Bar Council to amend
the list of nominees to the vacancy in this court caused by the retirement of
Associate Justice Roberto Abad. The list was unanimously signed by all members of
the Judicial and Bar Council and validly transmitted to the President. None of its
members 436
436

dissented to nominating only four names for the vacant position of Associate Justice
of the Supreme Court.
The principal issue raised against petitioner during the proceedings in the Judicial
and Bar Council was sensitive to the national interest. It relates to his attempts, as
Solicitor General, to exclude certain statements in an important arbitration
commenced by the Republic of the Philippines.
The comment and supplemental comment submitted by the Judicial and Bar
Council show that it appeared to the Chief Justice and another member that these
attempts were legally baseless. Their assessment came not only from their own
knowledge of the issues as validated by their own discreet investigation but also
from the presentation of Senior Associate Justice Antonio Carpio. Senior Associate
Justice Antonio Carpio was invited as resource person to place in context the
objections to the inclusion of petitioner in the list of nominees. A copy of the
memorandum of the Republics principal foreign legal counsel in this international
arbitration was also made available to the members of the Council. The
memorandum was addressed to petitioner as Solicitor General and the Secretary of
Foreign Affairs.
Given the sensitive character of the grounds raised, the Judicial and Bar Council
chose to provide petitioner with a discreet forum to hear his side of this issue.
Despite being informed of the nature of the objection, petitioner instead chose to
raise solely procedural grounds claiming that the due process clause requires crossexamination.
No person has a vested right to be nominated for a judicial position. In my view, the
elemental requirements of fairness embedded in the due process clause was afforded
to petitioner.
We should tread carefully, stay our hands, and practice judicial restraint.
Significant cases such as these that could result in the nullification of an act of a
constitutional organ certainly do not deserve hasty conclusions and the abbrevi437
VOL. 733, AUGUST 19, 2014
437

ated deliberations. As the court of last resort, we have to give every argument in
every document the conscious thought it deserves.
The Constitution grants to the Judicial and Bar Council the sole and exclusive
power to vet not only the qualifications but also the fitness of applicants to this
court. It is the Judicial and Bar Council that determines the extent of competence,
independence, probity, and integrity that should be possessed by an applicant before
he or she is included in the list of nominees prepared for the President.
By constitutional design, this court should wisely resist temptations to participate,
directly or indirectly, in the nomination and appointment process of any of its
members. In reality, nomination to this court carries with it the political and
personal pressures from the supporters of strong contenders. This court is wisely
shaded from these stresses. We know that the quality of the rule of law is reduced
when any member of this court succumbs to pressure.
The separation of powers inherent in our Constitution is a rational check against
abuse and the monopolization of all legal powers. We should not nullify any act of
any constitutional organ unless there is grave abuse of discretion. The breach of a
constitutional provision should be clearly shown and the necessity for the
declaration of nullity should be compelling. Any doubt should trigger judicial
restraint, not intervention. Doubts should be resolved in deference to the wisdom
and prerogative of coequal constitutional organs.
Through a petition for certiorari and mandamus with an application for a temporary
restraining order, petitioner prays that we order that the list officially transmitted
by the Judicial and Bar Council and received by the Office of the President be
disregarded and in its place a new one made with his name included. This is what
he means when he prays that his name be deemed included. He claims that the
production of a new list is mandatory and ministerial on the part of the Judicial and
Bar Council.438
438

Conflicts in the narration of facts
should be resolved in favor of the constitutional body
There are conflicts in the ambient facts as gathered from the pleadings.
On March 6, 2014, the Judicial and Bar Council announced the opening, for
application and recommendation, of the position of Associate Justice of the Supreme
Court to be vacated by Associate Justice Roberto A. Abad. On March 14, 2014, the
Council received a letter dated March 10, 2014 from Dean Danilo Concepcion of the
University of the Philippines College of Law, nominating petitioner to the position.
The Council also received a letter dated March 10, 2014 from petitioner accepting
the nomination.1
On April 24, 2014, the Council announced the names of candidates to the position,
which included petitioners, as well as the schedule of their interviews. Petitioner
was interviewed on May 29, 2014.2
Then the versions of petitioner and respondent Judicial and Bar Council diverge.
The Council alleges as follows:3
7. The basis of the challenge, as detailed by the Chief Justice, was the events that
transpired in the handling of the Republic of the Philippines Memorial in the case
of Republic of the Philippines v. The Peoples Republic of China of which Petitioner
was the Philippine agent. The case involved compulsory arbitration under the
United Nations Convention on the Law of the Sea (UNCLOS) initiated by the
Republic of the Philippines before the Permanent Court of Arbitration.4
_____________
1 Judicial and Bar Council Comment, p. 1.
2 Id., at pp. 1-2.
3 Judicial and Bar Council Supplemental Comment-Reply, pp. 1-7.
4 Id., citing PCA Case No. 2013-19.
439
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439
8. According to her, in the Philippine Memorial, the Petitioner deliberately sought

the exclusion of a discussion on a very important physical feature in the West
Philippine Sea. This feature is the rock referred to as Itu Aba. . . . The importance
of the paragraphs that the Petitioner instructed the international lawyers to delete
from the entire Philippine claim will be discussed in a later portion of this
Supplemental Comment.
9. In the view of the Chief Justice, this deliberate refusal to promote the remedies
available to the Philippines, by deliberately weakening the countrys arguments,
showed that the Petitioner had been disloyal to the country.
10. To provide the other JBC Members a factual background, the Chief
Justice told them that she first learned about Petitioners behaviour as the
Philippine agent in the case through Senior Associate Justice Carpio. She
then conducted discreet inquiries on her own. While the final Philippine
Memorial included the important discussion point of Itu Aba she discovered
that Petitioner insisted upon its exclusion and was only overruled through
timely intervention.
11. After this discussion, Congressman Tupas made it of record that he would still
want to vote for Petitioner. Justice Lagman, Atty. Mejia and Atty. Cayosa likewise
manifested their intention to vote for Petitioner, had it not been for the seriousness
of the issue on the West Philippine Sea. They commonly agreed on giving him
an opportunity to present his side. For his part, Senator Pimentel inquired on
the definition of integrity as contemplated in Section 2 of Rule 10.
12. The Chief Justice indicated that because of the seriousness of the matter being
raised, it would be the first time that anyone would be invoking Section 2, Rule 10,
and unless a different scenario en
440
440

sues, she would be invoking the rule at the appropriate time.

13. On 16 June 2014, the JBC met again in an executive session. The Chief Justice
informed the body that since there was no change in the conditions obtaining since
the meeting on 5 June 2014, she would invoke Rule 10 with respect to Petitioners
nomination. She was asked whether the integrity objection would hold considering
that there was no proof that the Petitioner obtained money for his actuation in the
West Philippine Sea case. She explained her point of view that ones capacity and
willingness to uphold the Constitution determines integrity. An objection to
integrity does not necessarily require proof of unlawful receipt of money in exchange
for a decision or an action. She stressed that one does not have integrity when one is
not willing to protect the interest of ones client to the utmost, especially in this case
when the client happens to be the Republic. She said that through his actuations,
Petitioner has demonstrated weakness of character. She inferred that he may have
been listening to extraneous factors or may have been promised something. She also
said she had seen many instances where national interests had been compromised
because of personal agendas. She cited her experiences as the Director of the
Institute of International Legal Studies in the University of the Philippines, when
she observed the actuations of certain government officials. She saw how the
countrys ability to protect Scarborough Shoal was compromised by a foreign affairs
official in exchange for a possible United Nations position. She also observed how
public officials were willing to see the country lose its defense in the two
international arbitration cases brought against it by the companies Fraport and
Philippine International Air Terminals Co., Inc., all for something other than duty
to the Republic.
441
VOL. 733, AUGUST 19, 2014
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14. Congressman Tupas raised questions on the proper interpretation and
application of Rule 10, Section 2, and extensive discussions on the rule followed.
15. It was finally agreed that Petitioner would be invited to explain his side
before the JBC at its next meeting on 30 June 2014. Justice Lagman was
requested by the JBC to convey this invitation to him. It was also agreed
that Senior Associate Justice Carpio would be invited to the next session as
a resource speaker.
16. Before the start of the discussion in the executive session on 30 June 2014,
copies of a memorandum from the Philippines international legal counsel for the
West Philippine Sea case were distributed.143 The memorandum was signed by
Messrs. Paul Riechler and Lawrence Martin, and was dated 19 March 2014. This
memorandum had earlier been handed to the Chief Justice by Senior Associate
Justice Carpio for distribution to the Members of the JBC. . . .
143 Id., citing Annex J of the Comment.
17. Chief Justice Sereno clarified at the start of the executive session on 30
June 2014 that the invitations to Senior Associate Justice Carpio and
Petitioner were pursuant to Rule 4, Sections 1 (Evidence of Integrity) and 2
(Background Check); and Rule 5, Sections 1 (Evidence of Probity and
Independence) and 2 (Testimonials of Probity and Independence) of the
JBC Rules.
18. The Chief Justice said that she took pains to validate all the
information she had obtained, and that she was able to confirm her initial
impressions. She elaborated that the instruction to exclude the discussion
concerning Itu Aba was made by Petitioner himself to the Philippines
international legal counsel, and that he had insisted on this position up to
the
442
442

very end, when he was overruled when the President himself intervened.
Secretary De Lima then explained that she was not involved in the
preparation of the Memorial, but in the later stages learned that it was the
collective decision of the Philippine legal team not to raise any discussion
on Itu Aba in the Memorial but take it up during the oral arguments as a
strategy.
19. The Chief Justice responded that the alleged strategy would have proven
too risky, because the International Tribunal may not call for oral
arguments; and even if it does, it may not allow any argument on a matter
not raised in the Memorial. Secretary De Lima said she was not informed of
such risk.
20. The JBC also discussed the media articles speculating on the issue of the
nomination of Petitioner. It lamented the fact that while it had done everything to
keep the objection against the Petitioner confidential, it still leaked out. . . .
21. The Chief Justice emphasized the inaccuracy of media reports that
Petitioner was not informed of the objection against him, considering that
he had been informed by the JBC through Justice Lagman of the basis of
the integrity objection.
....
23. After a short break, the JBC reconvened upon the arrival of Senior Associate
Justice Carpio to shed light on the legal memorandum that had been distributed.6
24. Senior Associate Justice Carpio confirmed that the exclusion of the 14paragraph discussion on Itu Aba from the Memorial would have been detrimental to
the Philippine claim in the West Philippine Sea
_______________
6 Id., citing Annex J of the Comment.
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VOL. 733, AUGUST 19, 2014
443
case. He had found it strange that the Petitioner would not include the vital 14
paragraphs which were already in the original draft submitted by the Philippines
international lawyers Mssrs. Reichler and Martin.
25. At this point, Justice Lagman said that upon informing Petitioner that
Itu Aba was the subject of the integrity issue against him, the Petitioner
mentioned that someone told him that a German scholar advised its
exclusion. She informed the body that she called Petitioner a second time to
inform him of the invitation to appear before the JBC for this days session.
26. Senior Associate Justice Carpio explained that in the arbitral tribunal, there
might not be an oral argument. The tribunal would wonder why the Philippines
would not include Itu Aba. Moreover, he opined that there could only be one German
scholar referred to by the Petitioner, Professor Talman, who wrote in his work that
the tribunal does not have jurisdiction over the case because Itu Aba was never
raised nor mentioned by the Philippines in its earlier pleadings. He stressed that it
was known in the international community that Professor Talman has been
engaged by China to write for it and to promote its cause.
27. Senior Associate Justice Carpio found it inexplicable that the Petitioner had
instructed the exclusion of Itu Aba from the Memorial, even when its inclusion was
already strongly advised by the best international lawyers.
....
29. Petitioner was called to face the JBC in the afternoon of the same day. The Chief
Justice acknowledged and thanked Petitioner for his presence. She informed the
Petitioner that the JBC would like to propound questions on the following issues:
(a)His actuations in handling the West Philippine Sea case;
444
444

....
30. Petitioner, in response, reiterated his prayer in the aforementioned
letter-petition and asked the JBC to defer its meeting, since he was
expecting the Supreme Court En Banc, which would be meeting the next
day, to act on his letter-petition. Specifically, he demanded that the Chief
Justice execute a sworn statement of her objections, and that he must have
the right to cross-examine her in a public hearing. He indicated that the
same should also be required of Senior Associate Justice Carpio.
Congressman Tupas indicated that he wanted to hear for himself the
explanation of Petitioner, but the latter refused. Petitioner further stated
that he would not be lulled into waiving his rights. He then put on record a
Statement7 appealing that the JBC stay their hand that day and let the
full Supreme Court address the issue of what process was due him.
31. After a one-minute talk with Congressman Tupas, Petitioner gave his final
remarks and asked to be excused from the session. Congressman Tupas said that
Petitioner was unwilling to answer any of the JBCs questions.
32. The JBC moved on to discuss the nomination list and unanimously agreed that
Petitioners name would still be part of the ballot.
33. The voting resulted in a short list of the following candidates: Apolinario D.
Bruselas, Jr. with six (6) votes; Jose C. Reyes with six (6) votes; Maria Gracia M.
Pulido-Tan with five (5) votes; and Reynaldo B. Daway with four (4) votes.
34. The JBC agreed that while Petitioner garnered four (4) votes, he could not be
included in the short list
_______________
7 Id., citing Annex F of the Comment; also marked as Annex C of the Petition.
445
VOL. 733, AUGUST 19, 2014
445

because of an invocation of Rule 10, Section 2 of the JBC Rules.
35. Atty. Cayosa informed the JBC that while she had previously voted for Petitioner
in various positions for which he was a candidate, she could not vote for him this
time. She stated that she had also studied, investigated and validated the issues
raised against Petitioner . . . on how he handled the West Philippine Sea case. She
said that this investigation had cast serious doubts on his integrity. She would have
wanted to hear his explanation or response to these issues to overcome the
challenge to his integrity; but sadly, he had insisted that all challenges be put in
writing even if to do so may affect national interest.
36. Finally, to refute the claim of Petitioner in his Reply dated 15 August 2014 that
he did not receive a copy of Annex J of the Comment dated 11 August 2014, which
is the legal memorandum addressed to Petitioner and Sec. Albert del Rosario dated
19 March 2014 of Foley Hoag LLP, the international legal counsel of the Republic of
the Philippines in Philippines v. China,8 attached as Annex D to this
Supplemental Comment-Reply is an affidavit of personal service confirming that

Petitioner was duly furnished Annex J, a memorandum that he has had since 19
March 2014. (Emphasis and underscoring supplied)9
Petitioner, on his part, claims that while he was informed by Justice Lagman of the
integrity objection, he was given very little information:
1. The acts of respondent Chief Justice Sereno in the events leading up to and
during the vote on the short list on June 30, 2014 show a premeditated
_______________
8 Id., citing PCA Case No. 2013-19.
9 Id., at pp. 2-7.
446
446

and persistent pattern of exclusion on the petitioner.

2. First, on 16 and 17 June 2014, petitioner was informed by JBC member Justice
Aurora S. Lagman, through a phone call, that respondent Chief Justice Sereno
directed that petitioner make himself available to appear before them on 30 June
2014. Petitioner was also informed that Chief Justice Sereno invoked Section 2, Rule
10 of JBC-009 against him at their June 5 and June 16 meetings. Justice Lagman
stated, without detail, that the objections had to do with his work as Solicitor
General, but that Chief Justice Sereno will be the one to inform him of her objection
to his integrity, at the 30 June 2014 meeting. Petitioner was never formally notified
in writing of the allegations against him. This, notwithstanding that respondent
Chief Justice Sereno had already been campaigning against petitioner at the
previous JBC meetings of June 5 and 16, 2014.
3. Second, petitioners letter-petition filed before the Supreme Court on 25 June
2014, or five (5) days before the 30 June 2014 hearing of the JBC, was not acted
upon by respondent Chief Justice Sereno who controls the scheduling of the En
Banc meetings and agenda. Thus, the reliefs which are based on the JBCs own
rules prayed for by petitioner, including, among others, a written notice
containing the sworn specifications of the charges against him by his oppositors, the
sworn statements of supporting witnesses, if any, and copies of documents in
support of the charges, were mooted and made academic pursuant to the Honorable
Courts Resolution dated 08 July 2014. Petitioner appeared before the JBC on 30
June 2014 with very little information concerning the objections against his integrity.
All that he could gather was that it had to do with his work as Solicitor General.
4. Third, during the 30 June 2014 meeting, petitioner was informed by Secretary of
Justice Leila M. de
447
VOL. 733, AUGUST 19, 2014
447

Lima, just before the JBC summoned him at 2:00 PM, that Associate Justice
Antonio T. Carpio testified against him about work. A very confidential legal
memorandum that clarifies and concretizes the integrity objection that the Chief
Justice raised against petitioner was allegedly distributed. Petitioner was not
informed about the existence of such memorandum nor furnished a copy thereof.
When Chief Justice Sereno asked petitioner if he wanted to defend himself,
petitioner was compelled to reiterate his request for due process as prayed for in his
letter-petition. Representative [Niel] Tupas, Jr. also asked petitioner if he wanted to
defend himself. Petitioner answered he cannot defend himself unless his due process
rights were granted. Petitioner also submitted into the record a Statement, which
was again a plea for due process. Instead of heeding his request, respondent JBC
considered petitioners refusal to explain as a waiver of his right to answer the

unspecified allegations. The 30 June 2014 meeting lasted about ten (10) minutes.
5. Fourth, the JBC released the short list of nominees on the same day. It is a fact
that petitioner obtained a majority of four votes the same number of votes
obtained by Judge Reynaldo B. Daway even after respondent Chief Justice
Sereno and Justice Carpio presented their objections. Petitioner, however, was not
included in the short list, despite his plea for it to stay its hand and provide him real
opportunity to be heard.
6. Clearly, the manner by which petitioner was given only verbal notice of the
allegations against him and forced to answer on the spot said allegations shows a
premeditated and persistent pattern of exclusion that deprived him of a reasonable
opportunity to mount a meaningful defense. It is a fact that no complaint or
opposition was filed against petitioner after the public had been notified of his
nomination. No opposition was raised against him during his public interview on 29
May 2014. It was only on 16 and 17 June 2014, or shortly before the
448
448

final deliberation on the short list, that petitioner was verbally notified of
respondent Chief Justice Serenos objection against his integrity, and with no
details at that. The objections against him were therefore foisted past the period for
filing objections to his nomination a move calculated to deprive him of the
opportunity to properly respond in accordance with the JBCs own rules. Even his
plea for relief before the Honorable Court, as a last resort, was rendered useless due
to the malicious scheme employed by respondent Chief Justice Sereno.
7. Deprived of a formal notice detailing the unspecified allegations against him,
coupled with the lack of reasonable time to prepare for his defense, the
circumstances under which petitioner was placed patently demonstrate a

premeditated and persistent pattern to railroad the rejection of his nomination.
Without having been previously informed of the specific details of the accusation
against him, petitioner had only two options either to participate in the
proceeding unarmed with information and risk losing his case for lack of
opportunity to present strong countervailing evidence, or refuse to participate in the
proceeding and be estopped from claiming he was denied an opportunity to be
heard. Either way, petitioner was caught in a dilemma which effectively deprived
him of any real opportunity to be heard.
8. Even now, petitioner is kept in the dark as to the details of the objection against
him which allegedly pertains to a very important specific case for the Republic.
Petitioner was not, and has not been, furnished a copy of Annex J of the JBC
Comment. If, indeed, the objection to petitioners integrity relates to a matter of
highest importance, there is an even greater reason to disclose the allegations in
public. Concealing the details of these allegations amounts to irresponsible rumormongering which maximizes petitioners inability to defend himself.
449
VOL. 733, AUGUST 19, 2014
449
9. Petitioner assumes that the objection against him is related to the conduct of his
official functions as Solicitor General of the Republic. The JBC Comment vaguely
refers to an alleged inability to discharge the duty of the Solicitor General on a
matter of highest importance relating to the way he handled a very important
specific case for the Republic. He therefore finds it in gross violation of his rights to
due process because, while his principals in the Executive Department have not
sought it fit to complain, much less sanction him in any way for his official conduct
on a very important specific case for the Republic, two members of the Judiciary,
who are in no way his supervisors or principals, have found reasons to object to his
nomination on the basis of what can only be considered secondhand information.

(Emphasis in the original)10
However, petitioner, in his reply, admits to have been informed of the integrity issue
against him at least immediately after the executive session. Until this case was
deliberated by this court, he has not given any sufficient explanation about the
substance of the charges. Neither has he informed this court that he will not do so
in view of any privileges he wishes to avail.
His claim that he was given very little information about the integrity objection is
contrary to the statement of Justice Lagman who disclosed during the June 30,
2014 session the following:
At this point, Justice Lagman said that upon informing Petitioner that Itu Aba was
the subject of the integrity issue against him, the Petitioner mentioned that
someone told him that a German scholar advised its exclusion. She informed the
body that she called Petitioner a second
_______________
10 Petitioners Reply, pp. 1-4.
450
450

time to inform him of the invitation to appear before the JBC for this days
session.11
The factual claims of petitioner relating to the extent of the information given to
him were sufficiently traversed in the pleadings of the Judicial and Bar Council. We
must presume that the Councils minutes contains the true narration of facts unless
proven otherwise by petitioner. This is to give deference to a constitutional body in
relation to its discharge of its official functions.
On the afternoon of the same day, the Judicial and Bar Council continued its
deliberations and proceeded to vote for the nominees. All members of the Council
were present. Thereafter, the Council released its list of nominees, which included:
Court of Appeals Justice Apolinario D. Bruselas with six (6) votes, Court of Appeals
Justice Jose C. Reyes with six (6) votes, Commission on Audit Chair Maria Gracia
M. Pulido-Tan with five (5) votes, and Regional Trial Court Judge Reynaldo B.
Daway with four (4) votes.12
The communication to the Office of the President reads:
June 30, 2014
His Excellency
President Benigno Simeon C. Aquino III
Malacaang
Manila
Thru: Atty. Paquito N. Ochoa
Executive Secretary, Office of the President
Your Excellency:
Pursuant to Article VIII, Section 9 of the Constitution, the Judicial and Bar Council
(JBC) has the honor to
_______________
11 Judicial and Bar Council Supplemental Comment-Reply, p. 5.

12 Petition, p. 5 and Judicial and Bar Council Comment, p.3.
451
VOL. 733, AUGUST 19, 2014
451
submit the following nominations for the position of ASSOCIATE JUSTICE of the
SUPREME COURT (vice Hon. Roberto A. Abad), according to the number of votes,
per the JBC Minutes of even date:
1. BRUSELAS, Apolinario Jr. D. - 6 votes
2. REYES, Jose Jr. C. - 6 votes
3. PULIDO-TAN, Maria Gracia M. - 5 votes
4. DAWAY, Reynaldo B. - 4 votes
Their respective curriculum vitae are hereto attached.
Very truly yours,
[Original signed]
MARIA LOURDES P. A. SERENO
Chief Justice & Ex Officio Chairperson
[Original signed]
MARIA MILAGROS N. FERNAN-CAYOSA
Member13
The transmittal letter was signed by all the current members of the Judicial and Bar
Council. There was no dissent. The list submitted consisted of four names. It was
clear that the Judicial and Bar Council unanimously agreed not to transmit the
name of petitioner.
On July 8, 2014, the court En Banc issued a resolution which only noted petitioners
letter-petition on the ground of
_______________
13 Annex D of Petition and Annex H of Comment.
452
452

mootness in view of the transmittal of the list of nominees to the Office of the
President.14
On July 18, 2014, petitioner filed this petition for certiorari and mandamus with
this court, with an application for the issuance of a temporary restraining order,
against Chief Justice Sereno, the Judicial and Bar Council, and the Executive
Secretary Paquito N. Ochoa. He prays that Chief Justice Sereno and the Judicial
and Bar Council be found to have acted in grave abuse of discretion and that the
Council be ordered to include his name in the short list of candidates for the
position of Associate Justice. He also prays that a temporary restraining order be
issued against the President, through the Executive Secretary, to desist from
appointing an Associate Justice pending the determination of his petition.15
While his letter and his petition were pending, it appeared that petitioner had been
issuing statements to the media defending his actions in this court.16
The issues in this case are as follows:
Procedural:
1. Whether a writ of certiorari may issue against the proceedings of the Judicial and
Bar Council.
2. Whether the remedy of mandamus may lie against the act of the Judicial and Bar
Council.
3. Whether a temporary restraining order may be issued against a period mandated
by the Constitution.
_______________
14 Annex H of Comment. See also Re: Nomination of Solicitor General Francis H.
Jardeleza for the Position of Associate Justice Vacated by Justice Roberto A. Abad,
A.M. No. 14-07-01-SC-JBC, July 15, 2014 [unsigned resolution, En Banc].
15 Petition for certiorari and mandamus, pp. 12-13.

16 See for example Avendao, Christine. A first: SolGen asks SC to bar Chief
Justice
from
voting,
Philippine
Daily
Inquirer,
June
26,
2014
<http://newsinfo.inquirer.net/614478/a-first-solgen-asks-sc-to-bar-chief-justice-fromvoting>, last accessed August 27, 2014.
453
VOL. 733, AUGUST 19, 2014
453

Substantive:
1. Whether the supervisory power of this court over the Judicial and Bar Council
includes acts done in the exercise of its discretion.
2. Whether petitioners right to due process was violated by the Judicial and Bar
Council.
Petitioner argues that Chief Justice Sereno and the Judicial and Bar Council
committed grave abuse of discretion when his name was excluded from the final list
of nominees. He argues that his right to due process was violated when accusations
against his integrity were made twice, ex parte, by Chief Justice Sereno without
giving him an opportunity to be heard. He argues that Rule 4 of JBC-009 allows him
to confront his accusers publicly, and the refusal of Chief Justice Sereno and the
Judicial and Bar Council constitutes grave abuse of discretion.17
He also argues that Chief Justice Serenos interpretation of Rule 10, Section 2 of
JBC-009 goes against the collegial character of the Judicial and Bar Council since
the lone objector will be made completely capable of taking hostage the entire
voting process, only by the expedient of objecting.18 He argues that since he was
able to garner four (4) votes, the same as that of trial court Judge Daway, his name
should have been included in the short list.19
In his comment, Executive Secretary Ochoa agrees with petitioners arguments and
argues that Rule 10, Section 2 of JBC-009 is unconstitutional as it impairs the
collegial nature of the Judicial and Bar Council.20 He also prays that peti_______________
17 Id., at pp. 6-7.
18 Id., at p. 9.
19 Id., at p. 10.
20 Comment of the Executive Secretary, pp. 1-3.
454
454

tioners name be deemed included in the short list of nominees.21

The Judicial and Bar Council, on the other hand, argues that certiorari will not lie
since the proceedings of the Council are neither judicial nor quasi-judicial.22 It also
argues that the remedy of mandamus is incorrect since the remedy does not lie to
compel a discretionary act.23
The Council argues that petitioner was not deprived of due process since he was
given every opportunity to be heard.24 The Council also argues that its
interpretation of Rule 10, Section 2 was correct since even if Chief Justice Serenos
vote were excluded, petitioner still needed five (5) votes, not four (4), to be included
in the short list.25 It argues that petitioner violated the prohibition on conflict of
interest representation. It alleges that petitioner used the Office of the Solicitor
General to pursue a purely private interest in violation of Rule 15.03 of the Code of
Professional Responsibility. It also argues that petitioner, by suing in his capacity as

a Solicitor General, has allowed a situation where he became the petitioner against
his own clients, despite the fact that the law establishes an attorney-client
relationship between them.26
The Council also argues that petitioner has not shown any right that may be
protected by the issuance of a temporary restraining order. It argues that a
temporary restraining order cannot be used to restrain a constitutional mandate.27
I vote to deny the petition.
_______________
21 Id., at p. 4.
22 Judicial and Bar Council Comment, pp. 4-5.
23 Id., at pp. 5-7.
24 Id., at pp. 7-10.
25 Id., at p. 11.
26 Id., at pp. 11-16.
27 Id., at pp 17-20.
455
VOL. 733, AUGUST 19, 2014
I
The supervisory power of this court over the
Judicial and Bar Council is mainly administrative
455
The Judicial and Bar Council is a fully independent constitutional body which
functions as a check on the Presidents power of appointment. The historical context
of its creation has been previously passed upon by this court in Chavez v. Judicial
and Bar Council:28
Long before the naissance of the present Constitution, the annals of history bear
witness to the fact that the exercise of appointing members of the Judiciary has
always been the exclusive prerogative of the executive and legislative branches of
the government. Like their progenitor of American origins, both the Malolos
Constitution and the 1935 Constitution had vested the power to appoint the
members of the Judiciary in the President, subject to confirmation by the
Commission on Appointments. It was during these times that the country became
witness to the deplorable practice of aspirants seeking confirmation of their
appointment in the Judiciary to ingratiate themselves with the members of the
legislative body.
Then, with the fusion of executive and legislative power under the 1973
Constitution, the appointment of judges and justices was no longer subject to the
scrutiny of another body. It was absolute, except that the appointees must have all
the qualifications and none of the disqualifications.
Prompted by the clamor to rid the process of appointments to the Judiciary from
political pressure and partisan activities, the members of the Constitutional
Commission saw the need to create a separate, competent and independent body to
recommend nominees to the President. Thus, it conceived of a body representative
_______________
28 G.R. No. 202242, July 17, 2012, 676 SCRA 579 [Per J. Mendoza, En Banc].
456
456

of all the stakeholders in the judicial appointment process and called it the Judicial
and Bar Council (JBC). Its composition, term and functions are provided under
Section 8, Article VIII of the Constitution . . . .29
The creation of a Judicial and Bar Council was proposed by former Chief Justice
Roberto Concepcion during the deliberations in the drafting of the 1987
Constitution. According to him, the committee on justice of the Constitutional
Commission felt neither the President nor the Commission on Appointments would
have the time to carefully study the qualifications of every candidate, especially with
respect to their probity and sense of morality.30
Commissioner Rene Sarmiento echoed this sentiment, stressing that the creation
of the Council is a step towards achieving judicial independence.31 Thus, under
Article VIII, Section 8(5) of the Constitution, the Judicial and Bar Council shall
have the principal function of recommending appointees to the Judiciary. In its
entirety, the provision states:
Section8.(1)A Judicial and Bar Council is hereby created under the
supervision of the Supreme Court composed of the Chief Justice as ex officio
Chairman, the Secretary of Justice, and a representative of the Congress as ex
officio Members, a representative of the Integrated Bar, a professor of law, a retired
Member of the Supreme Court, and a representative of the private sector.
(2)The regular members of the Council shall be appointed by the President for a
term of four years with the
_______________
29 Id., at pp. 585-586, citing Malolos Const., Title X, Art. 80; Const. (1935), Art.
VIII, Sec. 5; 1 Records of the Constitutional Commission Proceeding and Debates, p.
437; Const. (1973), Art. X, Sec. 4; Records, Constitutional Commission, Proceedings
and Debates, p. 487.
30 1 Records, Constitutional Commission, Proceedings and Debates, Journal No. 29

(Monday, July 14, 1986).
31 Id.
457
VOL. 733, AUGUST 19, 2014
457

consent of the Commission on Appointments. Of the Members first appointed, the
representative of the Integrated Bar shall serve for four years, the professor of law
for three years, the retired Justice for two years, and the representative of the
private sector for one year.
(3)The Clerk of the Supreme Court shall be the Secretary ex officio of the Council
and shall keep a record of its proceedings.
(4)The regular Members of the Council shall receive such emoluments as may be
determined by the Supreme Court. The Supreme Court shall provide in its annual
budget the appropriations for the Council.
(5)The Council shall have the principal function of recommending appointees to
the Judiciary. It may exercise such other functions and duties as the Supreme Court
may assign to it.
While the President has the discretion to choose who to appoint in the judiciary, the
Constitution delegates to the Council the sovereign power to vet these choices after
a careful and deliberative process. In the dissenting opinion in Chavez v. Judicial
and Bar Council:32
By virtue of the fundamental premise of separation of powers, the

appointing power in the judiciary should be done by the Supreme Court.
However,
for
judicial
positions,
this
is
vested
in
the
Executive.
Furthermore, because of the importance of these appointments, the

Presidents discretion is limited to a short list submitted to him by the
Judicial and Bar Council which is under the supervision of the Supreme
Court but composed of several components.
The Judicial and Bar Council represents the constituents affected by judicial
appointments and by exten_______________
32 G.R. No. 202242, April 16, 2013, 696 SCRA 496 [Per J. Mendoza, En Banc].
458
458

sion, judicial decisions. It provides for those who have some function vis--vis the
law that should be applied and interpreted by our courts. Hence, represented are
practicing lawyers (Integrated Bar of the Philippines), prosecutors (Secretary of the
Department of Justice), legal academia (professor of law), and judges or justices
(retired justice and the Chief Justice). Also represented in some way are those that
will be affected by the interpretation directly (private sector representative).33
(Emphasis supplied)
In Article VIII, Section 8(1) and (5) of the Constitution, the Judicial and Bar Council
is under the supervision of the Supreme Court34 and may exercise such other
functions and duties as the Supreme Court may assign to it.35
This courts supervision over the Judicial and Bar Council is manifested by its
composition, wherein the Chief Justice is its ex officio Chair and the Clerk of Court
is its Secretary ex officio.36 The emoluments of the members of the Council and its
budget are determined and provided by this court.37 Under Section 4(a) of A.M. No.
03-11-16-SC or A Resolution Strengthening The Role and Capacity of the Judicial
and Bar Council and Establishing the Offices Therein, the Ex officio Chairman
shall exercise overall administrative authority in the execution of the JBCs
mandate.
There is nothing in the Constitution which allows this court to interfere with the
Councils exercise of its discretion in the execution of its constitutional mandate. At
most, this courts supervision is merely administrative.
_______________
33 Dissenting Opinion of J. Leonen, Chavez v. Judicial and Bar Council, id., at p.
533.
34 Const., Art. VIII, Sec. 8(1).
36 Const., Art. VIII, Secs. 8(1) and 8(3).
459
VOL. 733, AUGUST 19, 2014
459

The fully independent character of the Judicial and Bar Council is further
elucidated by Justice Brion in his separate opinion in De Castro v. Judicial and Bar
Council:38
This aspect of the power of the Court its power of supervision is particularly
relevant in this case since the JBC was created under the supervision of the
Supreme Court, with the principal function of recommending appointees to the
Judiciary. In the same manner that the Court cannot dictate on the lower
courts on how they should decide cases except through the appeal and
review process provided by the Rules of Court, so also cannot the Court
intervene in the JBCs authority to discharge its principal function. In this

sense, the JBC is fully independent as shown by A.M. No. 03-11-16-SC or Resolution
Strengthening The Role and Capacity of the Judicial and Bar Council and
Establishing the Offices Therein. In both cases, however and unless otherwise
defined by the Court (as in A.M. No. 03-11-16-SC), the Court can supervise by
ensuring the legality and correctness of these entities exercise of their
powers as to means and manner, and interpreting for them the

constitutional provisions, laws and regulations affecting the means and
manner of the exercise of their powers as the Supreme Court is the final
authority on the interpretation of these instruments. . . .39 (Emphasis
supplied)
_______________
38 G.R. Nos. 191002, 191032, 191057, 191149, A.M. No. 10-2-5-SC, March 17, 2010,
615 SCRA 666 [Per J. Bersamin, En Banc].
39 Separate Opinion of Justice Brion, De Castro v. Judicial and Bar Council, id., at
p. 788.
460
460

II
The remedy of certiorari does not lie
in nonjudicial or non-quasi-judicial functions
Petitioner claims that the noninclusion of his name in the short list was tantamount
to grave abuse of discretion amounting to lack or excess of jurisdiction on the part of
the Chief Justice and the Judicial and Bar Council.
To be clear, Rule 65, Section 1 of the Revised Rules of Civil Procedure provides for
the remedy of certiorari:
Section1.Petition for certiorari.When any tribunal, board or officer exercising
judicial or quasi-judicial functions has acted without or in excess of its or his
jurisdiction, or with grave abuse of discretion amounting to lack or excess of
jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in
the ordinary course of law, a person aggrieved thereby may file a verified petition in
the proper court, alleging the facts with certainty and praying that judgment be
rendered annulling or modifying the proceedings of such tribunal, board or officer,
and granting such incidental reliefs as law and justice may require.
Spouses Ducadao v. Secretary of Justice40 clarifies that the writ of certiorari only
lies when the tribunal, board, or officer exercises judicial or quasi-judicial functions.
Thus:
For a special civil action for certiorari to prosper, therefore, the following requisites
must concur, namely: (a) it must be directed against a tribunal, board or
officer exercising judicial or quasi-judicial functions; (b) the tribunal, board,

or officer must have acted without or in excess of jurisdiction or with grave abuse of
discretion amounting to lack or excess of jurisdiction; and (c)
_______________
40 Spouses Ducadao v. Secretary of Justice, G.R. No. 188056, January 8, 2013, 688
SCRA 109 [Per J. Bersamin, En Banc].
461
VOL. 733, AUGUST 19, 2014
461

there is no appeal nor any plain, speedy, and adequate remedy in the ordinary
course of law. The burden of proof lies on petitioners to demonstrate that the
assailed order was issued without or in excess of jurisdiction or with grave abuse of
discretion amounting to lack or excess of jurisdiction.41 (Citation omitted; emphasis
supplied)
The Judicial and Bar Council correctly underscores that its proceedings is neither
judicial nor quasi-judicial in nature.42 An administrative body is deemed to be
exercising judicial or quasi-judicial functions when it is authorized to adjudicate
upon the rights and obligations of the parties before it.43 It must have both judicial
discretion and the authority to render judgment that affects the parties.44
The principal role of the Judicial and Bar Council is to recommend appointees to the
judiciary.45 It serves as a constitutional body that scrutinizes applicants and
recommends to the President not only those who are qualified but, in its discretion,
the most fit among the applicants to be included in a short list from which the
President can make appointments to the judiciary.46 There is nothing in this
function that makes it a quasi-judicial office or agency.
When the Judicial and Bar Council requested petitioner to appear before its
members on June 30, 2014,47 it was not for the purpose of determining whether
petitioner was innocent
_______________
41 Id., at p. 119, citing Azucar v. Jorolan, G.R. No. 177878, April 7, 2010, 617 SCRA
519, 527-528 [Per J. Villarama, Jr., First Division].
42 Judicial and Bar Council Comment, pp. 4-5.

43 Secretary of Justice v. Lantion, 379 Phil. 165, 198-199; 322 SCRA 160, 182 [Per
J. Melo, En Banc], citing Ruperto v. Torres, 100 Phil. 1098 (1957) [Unreported].
44 Id.
45 Judicial and Bar Council Comment, pp. 4-5; supra note 35.
46 See Judicial and Bar Council Supplemental Comment-Reply, pp. 9-10.
47 Judicial and Bar Council Comment, p. 8.
462
462

or guilty of any allegation made against him.48 Loosely akin to a job interview, the
process before the Judicial and Bar Council ascertains the fitness of the applicant
vis--vis the constitutional requirement of proven competence, integrity, probity,
and independence.49 The request to appear was made not only to allow petitioner
to air his side but also to enlighten Council members before they nominate those
they determine to be the most fit for the vacancy.50
The Judicial and Bar Council is also not an agency for debate. The request for
petitioner to appear before the Judicial and Bar Council is merely an extension of
the discreet background check the body is entitled to conduct, especially on issues
relating to the integrity of the applicant.51 The Council is entitled to verify claims
made against petitioner, without necessarily going into a full-blown trial.
At any rate, it is not within the Councils functions to determine factual issues and
make a pronouncement based on its findings. It is part of the process to satisfy each
members basis for their choices. After being provided with such information, the
members vote for their preferences based on their own view of the qualifications and
fitness of all the applicants. The actions of the Council questioned in this petition,
therefore, are not reviewable through the procedural vehicle of certiorari as a special
civil action.
III
The remedy of mandamus does not lie
to compel a discretionary act
Mandamus also does not lie against respondents.
_______________
48 Id.
49 Judicial and Bar Council Supplemental Comment-Reply, pp. 7-8, citing Const.
(1987), Art. VIII, Sec. 7(3).
50 Id., at p. 8.
51 Id.
463
VOL. 733, AUGUST 19, 2014
463

Rule 65, Section 3 of the Revised Rules of Civil Procedure provides for the remedy of
mandamus, thus:
SEC.3.Petition for mandamus.When any tribunal, corporation, board, officer or

person unlawfully neglects the performance of an act which the law specifically
enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes
another from the use and enjoyment of a right or office to which such other is
entitled, and there is no other plain, speedy and adequate remedy in the ordinary
course of law, the person aggrieved thereby may file a verified petition in the proper
court, alleging the facts with certainty and praying that judgment be rendered
commanding the respondent, immediately or at some other time to be specified by
the court, to do the act required to be done to protect the rights of the petitioner, and
to pay the damages sustained by the petitioner by reason of the wrongful acts of the
respondent.
Metro Manila Development Authority v. Concerned Residents of Manila Bay52
clarifies when a writ of mandamus lies:
Generally, the writ of mandamus lies to require the execution of a ministerial duty.
A ministerial duty is one that requires neither the exercise of official discretion nor
judgment. It connotes an act in which nothing is left to the discretion of the person
executing it. It is a simple, definite duty arising under conditions admitted or
proved to exist and imposed by law. Mandamus is available to compel action, when
refused, on matters involving discretion, but not to direct the exercise of judgment or
discretion one way or the other.53
_______________
52 595 Phil. 305; 574 SCRA 661 (2008) [Per J. Velasco, Jr., En Banc].
53 Id., at p. 326; pp. 670-671, citing Angchangco, Jr. v. Ombudsman, 335 Phil. 767;
268 SCRA 301 (1997) [Per J. Melo, Third Division]; Blacks Law Dictionary (8th ed.,
2004); Lamb v. Phipps, 22 Phil. 456, 490 (1912) [Per J. Johnson, En Banc].
464
464

The determination by the Judicial and Bar Council of the qualifications and fitness
of applicants for positions in the judiciary is not a ministerial duty. It is
constitutionally part of its discretion. Mandamus cannot compel the amendment of
any list already transmitted, and it cannot be made available to compel the Council
to transmit a name not in the original list.
De Castro v. Judicial and Bar Council54 clarifies a unique instance when
mandamus lies against the Council. This is with respect only to the constitutional
duty to allow the President the mandatory 90 days to make an appointment. Thus:
The duty of the JBC to submit a list of nominees before the start of the
Presidents mandatory 90-day period to appoint is ministerial, but its
selection of the candidates whose names will be in the list to be submitted

to the President lies within the discretion of the JBC. The object of the
petitions for mandamus herein should only refer to the duty to submit to the
President the list of nominees for every vacancy in the Judiciary, because in order to
constitute unlawful neglect of duty, there must be an unjustified delay in performing
that duty. For mandamus to lie against the JBC, therefore, there should be an
unexplained delay on its part in recommending nominees to the Judiciary, that is,
in submitting the list to the President.55 (Emphasis supplied)
The decision to include names in the short list of nominees for the action of the
President is, thus, a prerogative of the Judicial and Bar Council, not this court.
_______________
54 Supra note 38.
55 Id., at p. 752, citing Nery v. Gamolo, 445 Phil. 76; 397 SCRA 110 (2003). See also
Musni v. Morales, 373 Phil. 703; 315 SCRA 85 (1999) [Per J. Panganiban, Third
Division].
465
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465

In this case, the list was transmitted without any objection from the Councils
members. During the final deliberations of the Council, all six (6) members were
present, namely: Chief Justice Maria Lourdes P. A. Sereno, Department of Justice
Secretary Leila M. De Lima, Representative Niel C. Tupas, Jr., former Justice
Aurora Santiago Lagman, Atty. Jose V. Mejia, and Atty. Maria Milagros N. FernanCayosa. Senator Aquilino Pimentel III was also present but did not vote. The
minutes of the Judicial and Bar Council executive session dated June 30, 2014
shows:56
Justice Lagman suggested that the voting be deferred but Chief Justice Sereno
replied that the Council has already completed the process required for the voting to
proceed. There being no objection, the Council proceeded to vote for the
position of Associate Justice of the Supreme Court.
....
The Council agreed to consider the thirteen (13) candidates for the position of
Associate Justice of the Supreme Court.
The Members agreed to vote for a maximum of five (5) candidates each. The ballots
were distributed and votes cast and tallied accordingly.
....
The following candidates garnered the highest number of votes and included in the
short list:
Bruselas, Apolinario - 6 votes
Reyes, Jose Jr. C. - 6 votes

Pulido-Tan, Maria Gracia M. - 5 votes
Daway, Reynaldo B. - 4 votes
While candidate Jardeleza, Francis H. garnered 4 votes, he cannot be included in
the short list because of
_______________
56 Judicial and Bar Council Supplemental Comment-Reply, Annex C, minutes of
the Judicial and Bar Council Executive Session held on June 30, 2014.
466
466

an invocation of Rule 10, Section 2 of JBC-009 (JBC Rules) against him.

....
There being no other matter to discuss, the meeting was adjourned at around 3:10
p.m.57 (Emphasis supplied)
The absence of any objection by the members of the Council, orally and in the letter
of transmittal submitted to the President, should conclusively show that the
manner of selection and the results were accepted by all concerned. Again, it bears
repeating, that the short list transmitted to the Office of the President was
signed by all the members of the Council without exception,58 thereby
expressing their unanimity as to its contents.
Mandamus, therefore, does not lie to amend this list.
IV
This courts expanded jurisdiction does not justify interference with the principal
functions of the Judicial and Bar Council
The invocation of this courts power under Article VIII, Section 1 of the Constitution
to determine whether or not there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of any branch or instrumentality of the
Government in relation to the Judicial and Bar Councils discretion should be read
in context. It should not be read too expansively so as to undermine the
constitutional limits of our relation to the Council.
A showing of grave abuse of discretion should refer to a demonstrably clear breach of
a constitutional duty that is arbi-
_______________
57 Id., at pp. 6-8.
58 See Annex D of petition for certiorari and mandamus and Annex H of Judicial
and Bar Council Comment.
46
46

trary, capricious and whimsical.59 Our constitutional duty and power of review is
not to accept the arguments of petitioner because it is plausible. Judicial review is
also not a license to impose our own plausible interpretation of the rules of the
Council over their own. Judicial review requires as an absolute predicate, a showing
that the Councils interpretation and application of its rules is so bereft of reason and
so implausible. We do not analyze the cogency of the arguments of petitioner
or the interpretation that we would have put had we been in the Council.
Rather, the mode of analysis in our exercise of judicial review is to
scrutinize
whether
there
are
no
viable
reasonable
bases
for
the
interpretation, application, and actions of the Judicial and Bar Council.

In other words, the error we need to discover before nullifying a discretionary act of
another constitutional organ is not whether there could have been a more reasonable
interpretation and application of its rules; rather, it should be that we clearly find
that their interpretation and application cannot stand on any legal justification. It is
not about which of the arguments posed by petitioner and respondents are better in
relation to each other. Rather, judicial review requires an absolute finding that the
actions of respondents being reviewed are arbitrary, capricious, and whimsical.
Notably, the constitutional text provides not simply abuse of discretion; it requires
grave abuse of discretion.
In this way, we do not overreach precipitously and endanger the balance of
constitutional power. We do not disturb the balance of political power envisioned by
the sovereign and textually mapped out in the fundamental law. Judicial restraint is
required in a constitutional democracy.
_______________
59 See Ganaden, et al. v. Court of Appeals, et al., G.R. Nos. 170500 and 170510-11,
June 1, 2011, 650 SCRA 117 [Per J. Villarama, Jr., Third Division] and Ysidoro v.
Hon. De Castro, G.R. Nos. 171513, 190963, February 6, 2012, 665 SCRA 1 [Per J.
Brion, Second Division].
468
468

Even after this court determines that there is such grave abuse of discretion, the
relief we provide should be prudently tailored so as to preserve the carefully crafted
balance among constitutional organs as well as between governmental powers and
its citizens.
Furthermore, any change in the interpretation of the rules of the Council should not
inequitably prejudice third parties who relied on the existence of these rules.
Petitioner was not the sole applicant to the position vacated by the retirement of a
member of this court. There are four (4) individuals that passed the Councils
determination of qualifications and fitness in the list transmitted to the President.
There are six (6) other individuals who did not make it to the list.
Thus, even if we assume, without conceding, that there was grave abuse of
discretion on the part of respondents, it will be both inequitable and a violation of
the rights of the other applicants and the other nominees to simply require the
amendment of the list transmitted to the President. Petitioner chose not to implead
them. They did not benefit from an opportunity to be heard by this court. Any
amendment to the rules of the Council through our interpretation given the
parties impleaded in this case should, thus, be prospective and applicable
only to future processes for nomination and appointment to our courts.
V
The interpretation of Judicial and Bar Council Rules is best addressed to the
Council. Its interpretation should be given the presumption of constitutionality
Petitioner argues that the Council erroneously interpreted its own rules when its
Chair invoked Rule 10, Section 2. In particular, he claims that Chief Justice
Serenos interpretation goes against the JBCs collegial character, giving any
member an effective veto.60
_______________
60 Petition for certiorari and mandamus, p. 9.

469
VOL. 733, AUGUST 19, 2014
469

This argument is wrong for two reasons. First, the transmittal letter to the
President was signed by all the members of the Judicial and Bar Council. There was
no dissent. The minutes showed that the whole council agreed to limit the list to
four (4) names excluding petitioners. There remains to be no dissent as shown by
the comment and the supplemental comment of the Council which it filed in this
case. The assertion that the rules were interpreted only by the Chair of the Council
is not accurate. It, unfortunately, unnecessarily colors the issues in this case as a
personal controversy between the applicant and the Chief Justice.
Second, the argument fails to properly characterize the issue in order to invoke the
power of judicial review. Again, to underscore by repeating, there must be a showing
that the interpretation and application of the Councils rules be arbitrary, capricious
and whimsical. It must be shown to be implausible and bereft of reason. There must
be a compelling interest to provide relief in a narrowly tailored manner so as not to
infringe inequitably into the rights of innocent third parties who were not made
parties to this case.
The Judicial and Bar Council, being a fully independent constitutional body, has the
discretion to formulate its own rules.
Before the promulgation of JBC-009, the only criteria the Council relied on was
what was stated in Article VIII, Section 7 of the Constitution:
Section 7. (1)No person shall be appointed Member of the Supreme Court or any
lower collegiate court unless he is a natural-born citizen of the Philippines. A
Member of the Supreme Court must be at least forty years of age, and must have
been for fifteen years or more, a judge of a lower court or engaged in the practice of
law in the Philippines.
(2)The Congress shall prescribe the qualifications of judges of lower courts, but no
person may be appointed
470
470

judge thereof unless he is a citizen of the Philippines and a member of the

Philippine Bar.
(3)A Member of the Judiciary must be a person of proven competence,
integrity, probity, and independence. (Emphasis supplied)
The Council, recognizing the monumental task mandated to them by the
Constitution, resolved to promulgate on October 18, 2000, JBC-009 or the Rules of
the Judicial and Bar Council, stating:
....
WHEREAS, the Council is thus vested with a delicate function and
burdened with a great responsibility; its task of determining who meets
the constitutional requirements to merit recommendation for appointment

to the Judiciary is a most difcult and trying duty because the virtues and
qualities of competence, integrity, probity and independence are not easily

determinable as they are developed and nurtured through the years; and it
is self-evident that, to be a good judge, one must have attained sufcient

mastery of the law and legal principles, be of irreproachable character and
must possess unsullied reputation and integrity, should consider his ofce
as a sacred public trust; and, above all, he must be one whose loyalty to
law, justice and the ideals of an independent Judiciary is beyond doubt;
....
WHEREAS, while it is not possible or advisable to lay down iron-clad rules to

determine the fitness of those who aspire to become a Justice, Judge, Ombudsman
or Deputy Ombudsman, certain guidelines or criteria may be prescribed to ascertain
if one seeking such office meets the minimum constitutional qualifications and
possesses qualities of mind and heart expected of a member of the Judiciary, or an
Ombudsman or Deputy Ombudsman;
471
VOL. 733, AUGUST 19, 2014
471
WHEREAS, while the Council has been applying similar criteria in its assessment
of candidates to the judicial office or the Ombudsman or deputy Ombudsman, there
is a need to put these criteria in writing to insure transparency in its
proceedings and promote stability and uniformity in its guiding precepts

and principles.61 (Emphasis supplied)
The rules of the Judicial and Bar Council is its interpretation as to how it is to go
about with its duty to determine the competence, integrity, probity and
independence that is constitutionally required of every member to this court. How
the Council go about with its duty is primarily and presumptively addressed to it
solely as an independent constitutional organ attached only to this court through
administrative supervision. The constitutional provisions do not require a vote
requirement on the part of the members for a finding of either competence,
integrity, probity, or independence. Neither does it textually provide for the meaning
of these terms. It is up to the Judicial and Bar Council to find a reasonable
construction of the fundamental requirements.
For reference, the constitutional provisions relevant to the duties of the Judicial and
Bar Council in relation to the appointment of a member of this court are as follows:
ARTICLE VIII
Judicial Department
Sec.7.(1)No person shall be appointed Member of the Supreme Court or any

lower collegiate court unless he is a natural-born citizen of the Philippines. A
Member of the Supreme Court must be at least forty years of age and, must have
been for fifteen years or more a judge of a lower court or engaged in the practice of
law in the Philippines.
_______________
61 Fifth, Seventh, and Eighth Whereas Clauses, JBC-009 (2000).
472
472

(2)The Congress shall prescribe the qualifications of judges of lower courts, but no
person may be appointed judge thereof unless he is a citizen of the Philippines and a
member of the Philippine Bar.
(3)A Member of the Judiciary must be a person of proven competence, integrity,
probity, and independence.
Sec.8.(1)A Judicial and Bar Council is hereby created under the supervision of
the Supreme Court composed of the Chief Justice as ex officio Chairman, the
Secretary of Justice, and a representative of the Congress as ex officio Members, a
representative of the Integrated Bar, a professor of law, a retired Member of the
Supreme Court, and a representative of the private sector.
(2)The regular members of the Council shall be appointed by the President for a
term of four years with the consent of the Commission on Appointments. Of the
Members first appointed, the representative of the Integrated Bar shall serve for
four years, the professor of law for three years, the retired Justice for two years, and
the representative of the private sector for one year.
(3)The Clerk of the Supreme Court shall be the Secretary ex officio of the Council
and shall keep a record of its proceedings.
(4)The regular Members of the Council shall receive such emoluments as may be
determined by the Supreme Court. The Supreme Court shall provide in its annual
budget the appropriations for the Council.
(5)The Council shall have the principal function of recommending
appointees to the Judiciary. It may exercise such other functions and duties as
the Supreme Court may assign to it.
Sec.9.The Members of the Supreme Court and judges of lower courts shall
be appointed by the President from a list of at least three nominees
prepared by the Judicial and Bar Council for every vacancy. Such
appointments need no confirmation.
473
VOL. 733, AUGUST 19, 2014
473

For the lower courts, the President shall issue the appointments within ninety days
from the submission of the list. (Emphasis supplied)
In Section 4 of the same article, it provides the following:
Sec.4.(1)The Supreme Court shall be composed of a Chief Justice and fourteen
Associate Justices. It may sit En Banc or, in its discretion, in divisions of three, five,
or seven Members. Any vacancy shall be filled within ninety days from the
occurrence thereof. (Emphasis supplied)
In Eastern Telecommunications Philippines v. International Communication

Corporation,62 this court stated:
The Court has consistently yielded and accorded great respect to the interpretation
by administrative agencies of their own rules unless there is an error of law, abuse
of power, lack of jurisdiction or grave abuse of discretion clearly conflicting with the
letter and spirit of the law.
In City Government of Makati v. Civil Service Commission, the Court cited cases
where the interpretation of a particular administrative agency of a certain rule was
adhered to, viz.:
As properly noted, CSC was only interpreting its own rules on leave of absence and
not a statutory provision in coming up with this uniform rule. Undoubtedly, the
CSC like any other agency has the power to interpret its own rules and any
phrase contained in them with its interpretation significantly becoming

part of the rules themselves. As observed in West
_______________
62 516 Phil. 518; 481 SCRA 163 (2006) [Per J. Austria-Martinez, Special Second
Division].
474
474

Texas Compress & Warehouse Co. v. Panhandle & S.F. Railing Co.
....
This principle is not new to us. In Geukeko v. Araneta, this Court upheld the
interpretation of the Department of Agriculture and Commerce of its own rules of
procedure in suspending the period of appeal even if such action was nowhere stated
therein. We said
....
. . . It must be remembered that Lands Administrative Order No. 6 is in the nature
of procedural rules promulgated by the Secretary of Agriculture and Natural
Resources pursuant to the power bestowed on said administrative agency to
promulgate rules and regulations necessary for the proper discharge and
management of the functions imposed by law upon said office. . . . Recognizing the
existence of such rule-making authority, what is the weight of an interpretation
given by an administrative agency to its own rules or regulations? Authorities
sustain the doctrine that the interpretation given to a rule or regulation
by those charged with its execution is entitled to the greatest weight by

the Court construing such rule or regulation, and such interpretation will
be followed unless it appears to be clearly unreasonable or arbitrary . (42

Am. Jur. 431) It has also been said that:
....
The same precept was enunciated in Bagatsing v. Committee on Privatization,
where we upheld the action of the Commission on Audit (COA) in validating the sale
of Petron Corporation to Aramco Overseas Cor475
VOL. 733, AUGUST 19, 2014
475
poration on the basis of COAs interpretation of its own circular that set bidding and
audit guidelines on the disposal of government assets
The COA itself, the agency that adopted the rules on bidding procedure to be
followed by government offices and corporations, had upheld the validity and
legality of the questioned bidding. The interpretation of an agency of its own
rules should be given more weight than the interpretation by that agency
of the law it is merely tasked to administer.63 (Emphasis and underscoring in

the original)
The interpretation of any of the Councils rules is constitutionally addressed to the

Councils discretion. It is the only constitutional body with the power to interpret its
rules to determine the competence, integrity, probity, and independence of
applicants to the judiciary. We cannot superimpose this courts interpretation even
if in our view it would be a better one.
The Rules of the Judicial and Bar Council contains Rule 10, Section 2 which
provides:
SEC.2.Votes required when integrity of a qualified applicant is challenged.In
nomination is raised or challenged the affirmative vote of all the Members of the
_______________
63 Id., at pp. 521-523; pp. 167-168, citing Melendres, Jr. v. COMELEC, 377 Phil.
275; 377 SCRA 275 [Per J. Ynares-Santiago, En Banc]; City Government of Makati
v. Civil Service Commission, 426 Phil. 631, 646-649; 376 SCRA 248, 264-267 (2002)
[Per J. Bellosillo, En Banc].
476
476

The current members of this court may have their own views with respect to the
wisdom of this rule. For instance, some may disagree with the qualified vote
requirement for questions of integrity. Others may prefer a clearer definition of
what integrity may mean or who may invoke the rule as well as the procedure after
it is invoked. These, however, reflect policy preferences which are properly addressed
to the constitutional body to whom the sovereign delegated these matters of
interpretation, i.e., the Judicial and Bar Council.
There is nothing inherently unconstitutional with the lack of statutory or
procedural definition of integrity. This remains within the purview of the members
of the Council. It is a matter that is addressed to their reasoned judgment. The
Judicial and Bar Council is designed to act collegially. This is where contending
views coming from various sectors affected by every nomination and represented in
the discussions may be taken into consideration. Integrity can mean different things
for different people. Like all significant words, it has a sufficient set of meanings
that can frame expectations but at the same time is left malleable to address the
needs at present. The acts which lead to questions relating to integrity may be
different for each candidate. Thus, the past actions of a Justice of the Court of
Appeals, a Solicitor General, or a Dean of a College of Law who is aspiring for the
position of Associate Justice of this court that will be assessed by the Judicial and
Bar Council will be different.
As seen in the debates in the minutes of the meeting of the Council submitted to us
through its supplemental comment, the lack of integrity could be seen through acts
which directly or indirectly could be considered as dishonest and corrupt which
result in some illicit pecuniary benefit to the applicant. For the principal legal
counsel of government tasked to oversee arbitration to protect our claims to our
maritime resources, lack of integrity can mean unexplained decisions which put this
important initiative in peril.
477
VOL. 733, AUGUST 19, 2014
477
It is not for us to make these judgments simply because it is not our constitutional
duty to do so.
Neither is there anything strange with a qualified vote.
Even our Constitution provides for qualified votes for some sovereign acts such as
the processes for the amendment of our Constitution.64 A qualified vote underscores
the importance of the matter under scrutiny. Of the four requirements probity,
integrity, competence, and independence it may have been the policy decision of
the Judicial and Bar Council to give importance to integrity.
There are very plausible reasons for this policy.
In this court, it is the quality of integrity of each member that inspires us to have
the courage to use our constitutional duty to speak to power. We speak to power
whether this is sourced formally from the authority of the Constitution or informally
when it comes from the political influence, commercial standing, or the ability of a
party, litigant, or lawyer to mold media opinion. While theoretically and
constitutionally protected, we are hounded by the same human fears as any person
occupying a public office. We all know that we disgrace the privilege of our office if
we succumb to fear or favor.
More than any other quality, integrity emboldens us to separate the what from the
who: that is, to decide for what is right in the light of the law and principle
rather than consider who it will incidentally and immediately benefit. Giving it
primordial importance through a stricter voting requirement when invoked is not
bereft of reason. It is not arbitrary, capricious, or whimsical.
There are members of this court who feel that the invocation by one member of the
Council of this rule on integrity without any discussion amounts to a veto of its
collegial nature. The records submitted to us are clear: (1) discussions
_______________
64 Const., Art. XVIII.
478
478

ensued when it was invoked and (2) all members of the Judicial and Bar Council,
after the basis of the objection had been laid out clearly before them, agreed that it
be invoked.65 There was no violation of the collegiate nature of the Council.
The Rules permits a member of the Council to invoke the rule. The Chief Justice,
who is the ex officio chair of the Council, initially manifested that she was invoking
the rule in the executive session of the Council on June 5, 2014.66
A discussion took place during the executive session on June 16, 2014 regarding
Rule 10, Section 2. Thus, in the minutes as submitted to this court:
Secretary de Lima inquired whether the Chief Justice would still invoke Rule 10,
Sec. 2 of the JBC-009 (JBC Rules) notwithstanding the vote of all the other
members. She cautioned that there may be a lot of explaining to do on the
invocation of the Rule.
....
At this juncture, Congressman Tupas suggested a review of the JBC Rules on
integrity and went on to read the provisions in Rule 10, Section 2, thereof:
....
Congressman Tupas stressed the need to carefully examine the Rules since this is
the first time that the Rule will be invoked. For instance, he poised the question of
how many votes must a candidate garner when the affirmative vote of all Members
of the Council is required under Rule 10, Sec. 2. There is also the matter of who can
raise or challenge the integrity of an applicant: must it be raised by a Member, or
can a non-Member raise or challenge under the Rule. At what stage may the
challenge
_______________
65 Judicial and Bar Council Supplemental Comment-Reply, Annex B, pp. 1-4,

Minutes of the Judicial and Bar Council Executive Session Held on June 16, 2014.
66 Judicial and Bar Council Supplemental Comment-Reply, Annex A, pp. 1-2,
Minutes of the Judicial and Bar Council Executive Session Held on June 5, 2014.
479
VOL. 733, AUGUST 19, 2014
479
on the integrity of an applicant be raised? Should there be a need for a prior

complaint or objection?
Secretary De Lima commented that the Rules do not say whether the challenge
must be made by an insider or an outsider.67
The minutes of the executive session undoubtedly show that the members of the
Council were aware of the import of the rule and its consequences. When the
Council met again on June 30, 2014:
A discussion on Rule 10, Section 2 of JBC-009 (JBC Rules) followed. Congressman
Tupas asked if the Rule is being against a candidate, will the name of the candidate
remain. The Council unanimously agreed that the name of candidate will still be
part of the ballot.68
The excerpts of the minutes show that the Council, as a collegial body, not only
allowed the invocation of its own rules by a Council member, but also agreed that
petitioners name would still be part of the ballot, despite knowledge that he might
not get a unanimous vote.69
This indicates that the Council wanted to see the actual votes for a candidate. There
can be no other conclusion except that the Council required a unanimous vote of all
the other members excluding the member who invoked the rule on integrity.
Excluding the vote of the Chief Justice, petitioner still failed to garner unanimity of
the remaining members. He received four (4) votes of the possible five (5).70
_______________
67 Judicial and Bar Council Supplemental Comment-Reply, Annex B, pp. 1-2,
minutes of the Judicial and Bar Council Executive Session held on June 16, 2014.
68 Judicial and Bar Council Supplemental Comment-Reply, Annex C, p. 6, minutes
of the Judicial and Bar Council Executive Session held on June 30, 2014.
69 Id., at p. 6.
70 Id., at p. 7.
480
480

Clearly, it was not the will of only one member (the Chief Justice) which governed.
The invocation of the rule was collegially discussed. Clearly, the exclusion of
petitioner from the list was a unanimous Council decision.
We are not presented with a situation where only one member invoked the integrity
rule and the remaining members were unanimous in still including the name of the
applicant objected to in the list. This is not the situation that gave rise to the issues
in this case. The exercise of the power of judicial review must be narrowly tailored in
the light of the facts presented before us. It is not our duty to declare an act as
unconstitutional on the basis of speculative facts which could happen in the future.
We are not constitutionally empowered to provide advisory opinions. Neither would
it be equitable to declare an act as unconstitutional on the basis of facts which have
not yet happened.
This opinion is, therefore, limited to the ambient facts of this case. I reserve opinion
for other possibilities relating to Rule 10, Section 2 which have not yet happened.
The Judicial and Bar Council, not this court, continues to have the power to amend
its rules in the light of some possibilities that, in its judgment, may result in
inequity.
With respect to the facts of this case, the interpretation and application of the rule
by the Council were not implausible or bereft of reason. Hence, the challenge
against its constitutionality should fail.
VI
There is no violation of due process
The crux of this petition was that petitioner was allegedly deprived of his
constitutional right to due process when he was not given an opportunity to be
heard with regard to the questions against his integrity. He impliedly invokes
Article III, Section 1 of the Constitution which states that:
481
VOL. 733, AUGUST 19, 2014
481

No person shall be deprived of life, liberty, or property without due process of the
law. . . .
In White Light Corporation v. City of Manila,71 this court said:
. . . Due process evades a precise definition. The purpose of the guaranty is to

prevent arbitrary governmental encroachment against the life, liberty and property
of individuals. The due process guaranty serves as a protection against arbitrary
regulation or seizure. Even corporations and partnerships are protected by the
guaranty insofar as their property is concerned.
The due process guaranty has traditionally been interpreted as imposing two
related but distinct restrictions on government, procedural due process and
substantive due process. Procedural due process refers to the procedures that the
government must follow before it deprives a person of life, liberty, or property.
Procedural due process concerns itself with government action adhering to the
established process when it makes an intrusion into the private sphere. Examples
range from the form of notice given to the level of formality of a hearing.72
Before the due process clause of the Constitution may be invoked, there must first
be an encroachment to ones life, liberty, or property. Petitioner carries the burden
of showing that an act of government affects an indubitable vested right protected
by the Constitution.
This court clarified the concept of a vested right in ABAKADA Guro Party List v.
Executive Secretary Ermita:73
_______________
71 596 Phil. 444; 576 SCRA 416 (2009) [Per J. Tinga, En Banc].
72 Id., at p. 461; p. 435, citing Lopez v. Director of Lands, 47 Phil. 23, 32 (1924) [Per
J. Johnson, En Banc].
73 G.R. No. 168056, October 18, 2005, 469 SCRA 10 [Resolution, En Banc, Decision
penned by J. Austria-Martinez].
482
482

The concept of vested right is a consequence of the constitutional guaranty of due
process that expresses a present fixed interest which in right reason and natural
justice is protected against arbitrary state action; it includes not only legal or
equitable title to the enforcement of a demand but also exemptions from new
obligations created after the right has become vested. Rights are considered
vested when the right to enjoyment is a present interest, absolute,
unconditional, and perfect or fixed and irrefutable.74 (Emphasis supplied)
No vested right to be nominated
No person has a constitutionally vested right to be nominated to a judicial position.

Just because a person meets the qualifications does not entitle him or her to a
nomination. The Judicial and Bar Council must render a finding of his or her fitness
which results in the inclusion of his or her name in the list. A nomination is not a
right that is protected by the due process clause of the Constitution. It is rather a
privilege granted to one who has successfully passed the application process and
has qualified.
The attainment of the majority vote of Council members is not an absolute,
unconditional, and perfect or fixed and irrefutable75 basis to garner a place in the
short list. As discussed, under the present rules, when integrity is at stake, the vote
requirement may be unanimity in the vote of the remaining members excluding the
member who invoked Rule 10, Section 2 of the rules of the Judicial and Bar Council.
Moreover, the list of qualified candidates is still subject to the final deliberation of
the Council in an executive session before the list is submitted to the Office of the
President.76
_______________
74 Id., citing Lahom v. Sibulo, 453 Phil. 987; 406 SCRA 135 (2003) [Per J. Vitug,
First Division].
75 Id.
76 Section 6, JBC-10.
483
VOL. 733, AUGUST 19, 2014
483

Assuming arguendo, procedural due process is not as technical as claimed by
petitioner
Fairness as embodied in the due process clause of the Constitution takes its form in
relation to the right invoked and the forum where it is invoked. Certainly, when the
accused invokes his or her right in criminal trial, this takes the form among others
of the right to full-blown cross-examination of all witnesses presented by the
prosecution. For applicants to a vacancy in the Supreme Court and in the process of
the Judicial and Bar Council, the right to be considered for purposes of an
assessment of his or her qualifications and fitness also certainly does not require a
forum for cross-examination. The Council is possessed with a wide latitude to draw
information so that it may, consistent with its constitutional duty, make a selection
of at least three (3) names from a field of so many applicants.
The Constitution does not require a specific procedure whether in terms of a process
or a required vote. The sparse language of the Constitution leaves it up to the
Council to decide on these details. The Council only needs to follow its own rules. It
is entirely possible, at minimum, that fairness and due process be already met when
the applicant is given the opportunity to submit whatever information he or she

deems important subject only to reasonable requirements of form.
Even assuming, only for the sake of argument, that petitioner is right with his
insistence on procedural due process, this courts response is best seen through the
prism of the concurring opinion of Justice Brion in Perez v. Philippine Telegraph
and Telephone Company:77
_______________
77 602 Phil. 522; 584 SCRA 110 (2009) [Per J. Corona, En Banc].
484
484

At its most basic, procedural due process is about fairness in the mode of procedure
to be followed. It is not a novel concept, but one that traces its roots in the common
law principle of natural justice.
Natural justice connotes the requirement that administrative tribunals, when
reaching a decision, must do so with procedural fairness. If they err, the superior
courts will step in to quash the decision by certiorari or prevent the error by a writ
of prohibition. The requirement was initially applied in a purely judicial context, but
was subsequently extended to executive regulatory fact-finding, as the
administrative powers of the English justices of the peace were transferred to
administrative bodies that were required to adopt some of the procedures
reminiscent of those used in a courtroom. Natural justice was comprised of two main
sub-rules: audi alteram partem that a person must know the case against him
and be given an opportunity to answer it; and nemo judex in sua cause debe esse
the rule against bias. Still much later, the natural justice principle gave rise to the
duty to be fair to cover governmental decisions which cannot be characterized as
judicial or quasi-judicial in nature.
While the audi alteram partem rule provided for the right to be notified of the case
against him, the right to bring evidence, and to make argument whether in the
traditional judicial or the administrative setting common law maintained a
distinction between the two settings. An administrative tribunal had a duty to
act in good faith and to listen fairly to both sides, but not to treat the
question as if it were a trial. There would be no need to examine under oath,
nor even to examine witnesses at all. Any other procedure could be utilized
which would obtain the information required, as long as the parties had an
opportunity to know and to contradict anything
485
VOL. 733, AUGUST 19, 2014
485

which might be prejudicial to their case.78 (Emphasis supplied)
This characterization of due process is not without precedent. In Ledesma v. Court
of Appeals:79
. . . Due process, as a constitutional precept, does not always and in all situations
require a trial-type proceeding. Due process is satisfied when a person is notified of
the charge against him and given an opportunity to explain or defend himself. In
administrative proceedings, the filing of charges and giving reasonable opportunity
for the person so charged to answer the accusations against him constitute the
minimum requirements of due process. The essence of due process is simply to be
heard, or as applied to administrative proceedings, an opportunity to explain ones
side, or an opportunity to seek a reconsideration of the action or ruling complained
of.80
In Pichay v. Office of the Executive Secretary:219
. . . In administrative proceedings, the filing of charges and giving reasonable
opportunity for the person so charged to answer the accusations against him
constitute the minimum requirements of due process, which simply means having
the opportunity to explain ones side. Hence, as long as petitioner was given the
opportu_______________
78 Id., at pp. 545-546; pp. 130-131, citing D.P. Jones and A. De Villars, Principles of
Administrative Law, pp. 148-149 (1985 ed.); Ridge v. Baldwin, [1963] 2 All E.R. 66
(H.L.).
79 565 Phil. 731; 541 SCRA 444 (2007) [Per J. Tinga, Second Division].
80 Id., at p. 740; pp. 451-452, citing Cayago v. Lina, 489 Phil. 735, 750-751; 449
SCRA 29, 44-45 [Per J. Callejo, Sr., Second Division]; Libres v. NLRC, 367 Phil. 181,
190; 307 SCRA 675, 683 (1999) [Per J. Bellosillo, Second Division].
81
G.R. No. 196425, July 24, 2012, 677 SCRA 408 <http://sc.
judiciary.gov.ph/jurisprudence/2012/july2012/196425.pdf> [Per J. Perlas-Bernabe,
En Banc].
486
486

nity to explain his side and present evidence, the requirements of due process are
satisfactorily complied with because what the law abhors is an absolute lack of
opportunity to be heard.82
Accordingly, the essence of procedural due process is simply the right to be heard.
Petitioners insistence, therefore, that the Council must adhere to a procedure he
suggested, using his interpretation of the Judicial and Bar Councils own rules, goes
beyond the minimum required by jurisprudence.
Petitioner
opportunity to be heard
was
given
the
The right to procedural due process cannot be derived from an invocation of Rule 4,
Sections 3 and 4 of JBC-009, which state:
SEC.3.Testimony of parties.The Council may receive written opposition to an
applicant on ground of his moral fitness and, at its discretion, the Council may
due notice to the applicant who shall be allowed to cross-examine the oppositor and
to offer countervailing evidence.
SEC.4.Anonymous complaints.Anonymous complaints against an applicant
Council may either direct a discreet investigation or require the applicant to
comment thereon in writing or during the interview. (Emphasis supplied)
_______________
82 Id., citing Cayago v. Lina, G.R. No. 149539, January 19, 2005, 449 SCRA 29;
Libres v. NLRC, 367 Phil. 181; 307 SCRA 675 (1999) [Per J. Bellosillo, Second
Division]; Montemayor v. Bundalian, 453 Phil. 158; 405 SCRA 264 (2003) [Per J.
Puno, Third Division]; AMA Computer College-East Rizal, et al. v. Ignacio, 608 Phil.
436; 590 SCRA 633 (2009) [Per J. Chico-Nazario, Third Division].
487
VOL. 733, AUGUST 19, 2014
487

According to these provisions, the Council may receive written opposition and may
require the applicant to comment on the opposition. The use of the word may is
permissive, not mandatory.83 The Council retains the discretion to require that
opposition be written. It also retains the discretion not to require comment on any of
the opposition filed. This may apply when the basis of the opposition is too trivial or
when the members determine that they are already possessed with sufficient
information necessary for them to vote their preferences. But this is not what
happened in this case.
Contrary to petitioners allegations, petitioner was given the opportunity to explain
his version of the facts that were based to question his integrity. The Council
insisted that petitioner be allowed to explain his side. The minutes of the executive
session dated June 16, 2014 narrate:
Justice Lagman stated that Sol. Gen. Jardeleza had a good reputation, but
considering the seriousness of the allegations on his integrity, he may challenge the
process. She said that fairness dictates that he be given due process and moved that
Sol. Gen. Jardeleza be allowed to explain his side.
....
After a discussion of the different options, Atty. Mejia reiterated Justice Lagmans
motion to give Sol. Gen. Jardeleza a chance to explain. Duly seconded, the motion to
invite Sol. Gen. Jardeleza to shed light on the issues raised against him was
approved.84
_______________
83 See Office of the Ombudsman v. Court of Appeals, 576 Phil. 784, 796; 554 SCRA
75, 85 (2008) [Per J. Carpio, First Division], citing De Ocampo v. Secretary of
Justice, 515 Phil. 702; 480 SCRA 71 (2006) [Per J. Carpio, Third Division].
84 Judicial and Bar Council Supplemental Comment-Reply, Annex B, minutes of
the Judicial and Bar Council Executive Session held on June 16, 2014, p. 3.
488
488

When petitioner appeared before the Council on June 30, 2014, he refused to answer
the allegations against him since the objections were not in writing. Representative
Tupas even approached petitioner, hoping to get his explanation. However, he was
refused, as petitioner was insistent on a written opposition.85
Furthermore, petitioner was provided with a venue to explain his side on the
afternoon of June 30, 2014 with respect to the matter raised against him. Instead of
responding on the substance of the matter to enlighten and convince the Council of
his integrity, he chose to emphasize the procedural aspect of his claims. Rather than
provide the Council with the substantial arguments to defend his integrity, he chose
to find the procedural path defaulting in the opportunity to assist the Council in
assessing his fitness. As the Solicitor General is the principal legal counsel of
government, we could assume that there would have been nothing amiss for
him to state his substantial arguments arguendo.
Petitioner appeared to have abandoned his argument using JBC-009 when he filed
his reply, stating that [r]eliance on Sections 3 and 4 of JBC-009 is misplaced.86 He
argued instead that Section 2 of JBC-10, or Rule to Further Promote Public
Awareness of and Accessibility to the Proceedings of the Judicial and Bar Council,
requires complaints and oppositions to be in writing and under oath.87 Section 2
states:
SEC.2.The complaint or opposition shall be in writing, under oath and in ten (10)
legible copies, together with its supporting annexes. It shall strictly relate to the
qualifications of the candidate or lack thereof, as pro489
VOL. 733, AUGUST 19, 2014
489
vided for in the Constitution, statutes, and the Rules of the Judicial and Bar
Council, as well as resolutions or regulations promulgated by it.
The Secretary of the Council shall furnish the candidate a copy of the complaint or
opposition against him. The candidate shall have five (5) days from receipt thereof
within which to file his comment to the complaint or opposition, if he so desires.
In the first place, petitioner was the one who relied on JBC-009 to formulate his
argument that he was deprived of due process. On page 7 of his petition, he alleged
that [t]he [Judicial and Bar Council] gravely abused its discretion when it denied
petitioner the mandatory due process safeguards under its own rules, citing Rule 4,
Sections 3 and 4 of JBC-009. He cannot, by way of reply, suddenly abandon that
argument and insist on a different provision.
The reluctance of the Chief Justice to put the matter in writing was reasonable
considering that it was a matter of national security. According to the minutes of
the executive session held on June 30, 2014, the Members agreed that it is best
that this be kept as confidential as possible to avoid problems for the country.88
The confidentiality observed by the Council was not for the purpose of denying
petitioner his rights. The Council merely had the best interests of the nation in
mind.
_______________
88 Judicial and Bar Council Supplemental Comment-Reply, Annex C, minutes of
the Judicial and Bar Council Executive Session held on June 30, 2014, p. 4.
490
490
VII
A time period mandated by the Constitution
cannot be deferred by injunctive writ
Petitioner requests the issuance of an injunctive writ or a temporary restraining

order against the President of the Republic of the Philippines. This cannot be done.
First, the President is not a party and could not be a party to this case.89 It is the
Executive Secretary who was impleaded as a party respondent. As to why the
Executive Secretary was made respondent is known only to petitioner.
The power to appoint members of the judiciary from a list of names transmitted by
the Judicial and Bar Council is a prerogative of the President which cannot be
delegated to the Executive Secretary. Thus, for issues raised by petitioner and for
the relief he prays for, the Executive Secretary cannot act as an alter ego of the
President.
Second, Article VIII, Section 4(1) of the Constitution clearly provides for a
constitutional period for making appointments to this court. Thus:
Section4.(1)The Supreme Court shall be composed of a Chief Justice and
fourteen Associate Justices. It may sit En Banc or in its discretion, in division of
three, five, or seven Members. Any vacancy shall be filled within ninety days
from the occurrence thereof.
In De Castro v. Judicial and Bar Council,90 this court clarified:
[T]he usage in Section 4(1), Article VIII of the word shall an imperative,
operating to impose a duty that may be
_______________
89 See Lozada v. President Gloria Macapagal-Arroyo, G.R. Nos. 184379-88, April
24, 2012, 670 SCRA 545, 559-560 [Per J. Sereno, En Banc] on its discussion on
presidential immunity from suits.
90 Supra note 38.
491
VOL. 733, AUGUST 19, 2014
491
enforced should not be disregarded. Thereby, Section 4(1) imposes on the

President the imperative duty to make an appointment of a Member of the
Supreme Court within 90 days from the occurrence of the vacancy. The
failure by the President to do so will be a clear disobedience to the
Constitution.91 (Emphasis supplied)
The Constitution mandates that the President make an appointment 90 days from
the occurrence of the vacancy. Justice Abads retirement on his birthday which was
May 22, 2014 caused the vacancy in the present court. The President, therefore, has
until August 20, 2014 to make an appointment for the vacancy. A temporary
restraining order is a writ in equity provided for only in the rules of procedure
promulgated by this court.92 This court cannot, by way of temporary restraining
order, delay the running of the period mandated by the Constitution.
Third, it would be highly irregular and a violation of the ethical rules of the
profession for the present Solicitor General to request for an injunctive writ or a
temporary restraining order against the President who is his client and principal.
Even assuming, for the sake of argument, that a temporary restraining order may
be issued to restrain the President from performing his constitutional duty,
petitioner has not shown proof that he is entitled to its issuance. In Philippine
School of Business Administration v. Hon. Tolentino-Genilo,93 this court stated:
_______________
91 Id., at pp. 737-738, citing Dizon v. Encarnacion, 119 Phil. 20; 9 SCRA 714 (1963)
[Per J. Concepcion, En Banc].
92 See Rules of Civil Procedure, Sec. 58.
93 488 Phil. 446; 447 SCRA 442 (2004) [Per J. Garcia, Third Division].
492
492

The requisites for preliminary injunctive relief are: (a) the invasion of right sought
to be protected is material and substantial; (b) the right of the complainant is clear
and unmistakable; and (c) there is an urgent and paramount necessity for the writ
to prevent serious damage.94
There is no right that exists that could be protected by the issuance of a temporary
restraining order since petitioner has no vested right. He has not shown that he
possesses a clear and unmistakable right. Therefore, there is no material and
substantial invasion that must be prevented through a writ from this court.
VIII
To grant the reliefs prayed for by petitioner
inequitably prejudices the rights of third parties

not impleaded in the petition
The rights of those currently in the list of nominees transmitted by the Judicial and
Bar Council to the President will be impaired by the reliefs prayed for by petitioner
in this case. They are indispensable parties to this case because no complete and
final determination of the issues can be had without their participation. They have
more of a vested right in the preservation of the current list of nominees than
petitioner. They certainly will have a more adversarial stance than that of the
Executive Secretary. Petitioner should have impleaded them and given them the
opportunity also to be heard by this court.
The proper remedy would be for this court to order that the four individuals
currently in the list of nominees transmitted to the President be impleaded and the
opportunity to be heard given. They deserve to be heard before this court even
consid_______________
94 Id., at p. 452; p. 448, citing Toyota Motor Philippines Corporation Workers
Association v. Court of Appeals, 458 Phil. 661; 412 SCRA 69 (2003) [Per J. Callejo,
Second Division].
493
VOL. 733, AUGUST 19, 2014
493

ers diluting their chances of being appointed. Alternatively, any relief should,
therefore, be prospective and should not affect their vested rights. Assuming
without conceding that the majority will vote to nullify Rule 10, Section 2 of the
Rules of the Judicial and Bar Council, its effects should be prospective. Those who
were nominated deserve the benefit of the presumption of constitutionality of the

rules under which they were vetted.
The lack of efficacy of petitioners reliefs due to the deliberations of this court can be
attributable only to petitioner. His petition failed to implead all the indispensable
parties. We cannot render a decision that will be at odds with the same
constitutional provision of due process of law which petitioner invokes.
IX
Proposal to expunge Supplemental
Comment-Reply of the Judicial and Bar Council
A member95 of this court is suggesting that the national interest requires the
suppression of the matters raised in the supplemental comment-reply of the
Judicial and Bar Council. This implies that we decide on this case without
considering the basis of the objection made by the Chief Justice and heard by the
other members of the Council. In effect, we are asked to decide without discussing
the merits of the position of one of the respondents.
I disagree that this is the proper way to decide this case.
In my view, it is the insistence of petitioner not to respond directly to the objections
during the in camera and confidential discussions of the Council on June 30, 2014
that has now caused both sides to lay bare their full arguments. Surely, as much as
petitioner believes in the importance of defending himself in this court, respondents
are also entitled to believe
_______________
95 See Separate Opinion of J. Brion, pp. 399-403.
494
494

that it is institutionally important for them to defend the integrity of the Judicial
and Bar Council. For petitioner to claim due process of law is the more important
question. For respondents, petitioner was accorded his opportunity to be heard, and
the more important question is there would have been an anomaly in our arbitral
claims.
Both these views are entitled to our full consideration.
Parenthetically, the documents that have been submitted in the international
arbitration between the Republic of the Philippines and China are now the subject
of vigorous academic discussion on both sides.96 Discussion in our opinions on the
existence of this controversy will not be new. It may even perhaps contribute to the
publics desire for transparency. The Solicitor General is a public official as well as a
lawyer. The arbitral claim affects all of us. It behooves our public to fully understand
its contents. It behooves us to meet all the arguments of the parties fully in the
spirit of fairness and objectivity.
I do not share Justice Brions characterization of the actuations of the Chief Justice.
I would rather be more circumspect and grant a colleague her full right to provide
this court with her explanations of the motives leveled against her. The power of our
published opinions compels us to treat our words with the responsibility that this
institution and its members deserve.
The letter filed earlier by the Solicitor General did not contain a prayer for special
raffle. The opportunity to have an early raffle of the case is known to all seasoned
practitioners. Certainly, petitioner compares to none in terms of present experience
in this court. Be that as it may, we do have a raffle
_______________
96 See for instance S. Talmon and B. Jia, The South Sea China Arbitration: A
Chinese Perspective (2014). The materials in this book are widely perceived as
Chinas informal response to the claim of the Republic of the Philippines.
495
VOL. 733, AUGUST 19, 2014
495

committee. The raffle committee does not include the Chief Justice.
The Chief Justice inhibited early. This means that she had no control over the
promulgation of our relevant resolutions. The Senior Associate Justice also
inhibited because he was named in the petition. At the relevant times, the third
most senior member of this court was on leave. This will probably explain why there
was some delay in the promulgation of some of our resolutions.
It is normal for a deliberative body to initially hear the tentative views of its
members. Thus, the matter of invoking Rule 10, Section 2 of the Councils rules was
discussed. Most of us can imagine how the conversations may have transpired as all
of those concerned would have wanted to find solutions to avoid the unnecessary
taint on the character of petitioner or deliberately air the conflicts in the legal team
in charge of our international arbitration. Failing in these efforts, the Council
decided to give petitioner an opportunity to be heard.
X
Final note
Some members of this court will have their own personal evaluation of the
qualification and fitness of petitioner to be nominated for the position of Associate
Justice of the Supreme Court. I am no exception.
I have benefited from the wisdom of petitioner as a colleague in the faculty of the
UP College of Law. I have witnessed his appearances both orally and in writing as
the Solicitor General in the many cases that passed through this court. I know of his
family as well as his reputation held by many of our common friends.
Like in many cases, our decisions as Justices of this court carry the pains and
burdens which we have sworn to uphold. We have to follow the results of our
decisions on the issues posed before us.
496
496

It is not up to us to make judgments of the Solicitor Generals competence,

integrity, probity, and independence.
A becoming modesty of this court and its own respect for the constitutional
legitimacy of its existence requires that it respects and presumes competence in the
constitutional organs including the Judicial and Bar Council. We should presume
that it has discharged its functions with the same competence and zeal for the
national interest that we have. We should not presume that we have a monopoly of
an understanding of the common weal, let alone of the character of petitioner and
his qualifications and fitness to become a member of this court.
Petitioner has not shown that he has vested rights to the nomination. He has not
shown that the actions of the Judicial and Bar Council were arbitrary, capricious,
and whimsical. He has not demonstrated that the interpretation and application by
the whole Judicial and Bar Council of Rule 10, Section 2 were bereft of reason and
so implausible as to impair his alleged rights. He was given the opportunity to be
heard. He chose not to use the forums he was provided with to rebut the substantial
basis for the invocation of the rule on integrity.
The Judicial and Bar Council, by transmitting a list without petitioners name, has
acceded to the invocation of lack of integrity by one of its members. Excluding the
vote of the Chief Justice, he was not able to garner unanimity among the remaining
members of the Council as required by the rules.
The importance of fully asserting the extent of our claims to natural resources
located within our continental shelves and our exclusive economic zone cannot be
understated. Present and future generations of Filipinos will rely on these valid and
legal claims.
It is with this in mind that we mark the heroism of our men and women in uniform
especially in our Navy and in the Marines. With the least of equipment, they stand
ready to
497
VOL. 733, AUGUST 19, 2014
497

defend the integrity of our claims in sometimes desolate and far-flung posts pitting
post-war military equipment against the modern military might of a superpower.
They stay in harms way knowing that their impending heroism is what our people
deserve. There is no better way to characterize them and their courage except to call
them heroes.
Thankfully, legal argument in the context of peaceful international arbitration and
diplomacy has been deployed by the current administration. What we may lack in
modern naval warfare, we make up with cogent and viable legal acumen.
Considering what is at stake, the margins for legal error are understandably thin.
We have spared little to get the best legal experts on the United Nations Convention
on the Law of the Sea. We expect no less than vigorous, aggressive, competent
representation from the lawyers of the Republic led by petitioner as Solicitor
General.
The questions posed to petitioner by the Judicial and Bar Council are matters that
are sensitive because these pertain to a pending case undergoing international
arbitration. However, they are also public matters that needed a response.
It was within the power of petitioner to explain in executive session before the
Judicial and Bar Council. He could have done so while not waiving any of his
constitutional rights.
He has not done so. He chose not to. This case presents an ambiguity and an
anomaly he has chosen to live with. Perhaps, this will be one of those cases that will
await our historys better judgment.
ACCORDINGLY, I vote to DISMISS this petition.
Petition granted.
Notes.As the body tasked with the determination of the merits of conflicting
claims under the Constitution, the Supreme Court is the proper forum for resolving
the issue, even
498
498

as the Judicial and Bar Council (JBC) has the initial competence to do so.
(Kilosbayan Foundation vs. Ermita, 526 SCRA 353 [2007])
Mandamus will not issue to control or review the exercise of discretion by a public
officer on whom the law imposes the right or duty to exercise judgment in reference
to any matter in which the officer is required to act. (Privatization and Management
Office vs. Strategic Alliance Development Corporation, 698 SCRA 517 [2013])
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Jardeleza vs.

In 2014, incumbent Solicitor General Francis Jardeleza was nominated to

When Jardeleza appeared before the JBC, he was asked by CJ Sereno if he

Consequently, Jardeleza filed the present petition for certiorari and

YES, on the availability of certiorari. NO, on the availability of mandamus.

In this case, Jardeleza cries that although he earned a qualifying number of

It has been judicially settled that a petition for certiorari is a proper

government on the ground of grave abuse of discretion amounting to

Mandamus, on the other hand, lies to compel the performance, when

refused, of a ministerial duty, but not to compel the performance of a

G.R. No. 213181.August 19, 2014.*

SUPREME COURT REPORTS ANNOTATED

Same; Same; Supervision; Supervision is the power of oversight, or the authority to

VOL. 733, AUGUST 19, 2014