Chavez v JBC

G.R. No. 202242, July 17, 2012

TOPIC: Judicial and Bar Council | Appointments and qualifications
Petitioner: Francisco Chavez
Respondents: JUDICIAL AND BAR COUNCIL, SEN. FRANCIS JOSEPH G. ESCUDERO AND REP. NIEL C. TUPAS, JR.
Pon: Mendoza; Prohibition and injunction

FACTS
- the filing of the petition was triggered by the nomination of Sol gen Francisco Chavez to the CJ post due to the unexpected departure
of CJ Corona on May 29, 2012

- 1935 President appointed the CJ

- 1973 fusion of legis and exec appointed the CJ
- 1987 JBC recommended nominees, and the president appoints
- JBC body representative of all stakeholders

Section 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.

- Senate and House to have alternate ex officio reps in the JBC

- 1994 Senate and House have 1 rep each with vote each
- 2000 1 vote each for senate and house reps

ISSUES
Does the first paragraph of Section 8, Article VIII of the 1987 Constitution allow more than one (1) member of Congress to sit in the
JBC?
Is the practice of having two (2) representatives from each house of Congress with one (1) vote each sanctioned by the Constitution?

HELD: NO to both questions

WHEREFORE, the petition is GRANTED. The current numerical composition of the Judicial and Bar Council IS declared
UNCONSTITUTIONAL. The Judicial and Bar Council is hereby enjoined to reconstitute itself so that only one (1) member of Congress
will sit as a representative in its proceedings, in accordance with Section 8( 1 ), Article VIII of the 1987 Constitution.

This disposition is immediately executory.

RATIO

Standing Yes, due to personal stake

- taxpayers, voters, concerned citizens, and legislators may be accorded standing to sue, provided that the following requirements
are met:
(1) cases involve constitutional issues;
(2) for taxpayers, there must be a claim of illegal disbursement of public funds or that the tax measure is unconstitutional;
(3) for voters, there must be a showing of obvious interest in the validity of the election law in question;
(4) for concerned citizens, there must be a showing that the issues raised are of transcendental importance which must be settled
early; and
(5) for legislators, there must be a claim that the official action complained of infringes upon their prerogatives as legislators.
- petitioner claims standing as taxpayer, concerned citizen and nominee to CJ position
- the legality of the very process of nominations to the positions in the Judiciary is the nucleus of the controversy. The Court considers
this a constitutional issue that must be passed upon

The Composition of the JBC

- Section 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.

- use of a before representative of Congress means only 1

- the framers intended that the JBC be composed of only 7 members
- the seven-member composition of the JBC serves a practical purpose, that is, to provide a solution should there be a stalemate in
voting.
- a single vote may not be divided into half (1/2), between two representatives of Congress, or among any of the sitting members of
the JBC for that matter.
- The representatives of the Senate and the House of Representatives act as such for one branch and should not have any more
quantitative influence as the other branches in the exercise of prerogatives evenly bestowed upon the three. - JBC consultant, retired
Justice Consuelo Ynares-Santiago
- the Framers of our Constitution intended to create a JBC as an innovative solution in response to the public clamor in favor of
eliminating politics in the appointment of members of the Judiciary.
- holistic approach in including the private sector and the 3 branches of government
- any act of the government or of a public official or employee which is contrary to the Constitution is illegal, null and void.
- the current composition of the JBC is unconstitutional, it bears mentioning that as a general rule, an unconstitutional act is not a law;
it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is inoperative as if it has not been passed at
all.
- doctrine of operative facts, actions previous to the declaration of unconstitutionality are legally recognized.
= applicable when a declaration of unconstitutionality will impose an undue burden on those who have relied on the invalid law.
- notwithstanding its finding of unconstitutionality in the current composition of the JBC, all its prior official actions are nonetheless
valid.
- the court is not in a position to determine as to who should remain as the sole representative of Congress in the JBC. == should be
determined by Congress
- there is wisdom in respondents saying that senate and HoR must be equally represented, but the Court must do its duty in
interpreting the law unless the constitutional provision is revised