JBC to submit Ombudsman shortlist to PNoy in July

The Judicial and Bar Council (JBC) will be submitting to President Benigno Aquino III in early July the shortlist from where the latter will choose the new Ombudsman.

"Hopefully by July 4 we will be able to submit a list to the President [from where he will] choose the next Ombudsman," JBC member Sen. Francis Escudero said during the weekly forum at the Senate.

Escudero chairs the Senate justice committee, which enables him to be a member of the JBC. 

The JBC had earlier said there are 26 qualified candidates for the Ombudsman post. 

But Escudero said they will still have to trim the list until there are only at least three qualified candidates left. "(But it) can be as many by five or eight," he said.

Escudero said Aquino will have one month to decide whom to appoint from the list, based on the 90-day period prescribed by the law for the President to replace a former Ombudsman.

Former Ombudsman Merceditas Gutierrez's resignation took effect last May 6 – three days before the scheduled Senate impeachment trial against her. 

Among the candidates who have officially accepted their nominations for the Ombudsman post include Supreme Court Associate Justice Conchita Carpio-Morales, De La Salle University of the Philippines law dean and Free Legal Assistance Group (FLAG) national chair Jose Manuel Diokno, Alternative Law Groups head Marlon Manuel, and advocacy lawyer Ernesto Francisco. 

Those who have declined their nominations include Justice Secretary Leila de Lima and former Chief Justice Reynato Puno.

The JBC

The JBC is the constitutional body that vets, screens, and recommends to the President appointees to the judiciary and appointees to the positions of Ombudsman and deputy Ombudsman. 

The JBC is composed of the Supreme Court chief justice as ex-officio chair, with the Justice secretary, and chairs of the House and Senate justice committees as ex-officio members. 

The four other regular members come from representatives of the Integrated Bar of the Philippines, the academe, the private sector, and a retired member of the Supreme Court. 

Section 8 of the law states that in case of a vacancy in the Office of the Ombudsman due to resignation, "the Overall Deputy shall serve as Acting Ombudsman in a concurrent capacity until a new Ombudsman shall have been appointed for a full term." 

ARMM polls suspension '50-50,' Escudero says

MANILA, Philippines - Senator Francis Escudero sees a vote in the Senate plenary on the Autonomous Region in Muslim Mindanao (ARMM) elections synchronization bill before Congress adjourns its first regular session next week.

Escudero said the bill is still in the period of interpellations.

"Next week before we adjourn, malamang pagbobotohan ito. Dahil certified measure ito, di na kailangan ng 3 araw. Pwede na tumuloy ito (sa botohan)," he said.

Under Senate rules, a bill passed on second reading must wait for 3 days before approval on third reading.

When asked about the bill's chances, Escudero said, "50-50."

The senator said that while he opposes the bill, he is not going to block a vote.

Escudero said there are schools of thought on the majority needed to approve the measure.

Senator Franklin Drilon reportedly said a simple majority of the quorum is needed. 

Others, meanwhile, think that a 2/3 vote of the chamber is needed since it is an amendment of the ARMM Organic Act.

Escudero noted that the bill's House version was passed by 2/3 of the membership.

He, however, said that he will not join groups planning to question the legality of the measure before the Supreme Court (SC).

Escudero, meantime, defended Senator Ferdinand Marcos Jr. from accusations he wanted to torpedo the bill.

He said if Marcos wanted to do that, his fellow lawmaker could have just sat on the bill and not send a committee report to the plenary for its consideration.

Escudero said Marcos had 30 session days to discharge a committee report, which he has not consumed.

He added that the bill was an afterthought since it was filed before they went on summer break.

Escudero believes that a special session may be called or the Senate may just stop its legislative clock to give legislators time to vote.

He said that he does not necessarily share the same views with President Benigno Aquino III even if they are allies.

Escudero expressed surprise that Drilon claimed RA 9333 is unconstitutional. Escudero says only the SC can rule a law unconstitutional.

He said that argument should have been raised in the Supreme Court, and not as a basis to pass a bill postponing the elections.

Escudero, meantime, noted that the power of the President to appoint officers in charge (OICs) in the ARMM is being based on his residual power and supervisory power over local government units.

He said there is no clear provision that allows the President to name OICs.

Escudero, however, pointed out that the ARMM law provides for special elections to fill in vacancies.

He proposed that Aquino instead name one of the elected governors, vice governors, and assemblymen as OICs so that they at least still have a mandate.

Escudero said other grounds being used to cancel the elections like reforming the ARMM should have been done in the last year.