Senator Robinhood "Robin" C. Padilla has asked whether amending the Constitution is needed to improve the process of appointing members as well as other procedures of the Judiciary.
Padilla, chairman of the Senate committee on constitutional reforms and revision of codes, raised this question before members of the judiciary at the budget hearing for their 2023 proposed appropriations yesterday.
He said the possibility of revisiting the process of appointing a Chief Justice, 14 Associate Justices of the Supreme Court and other members of the judiciary was touched upon during a hearing of his committee last Friday.
“Gusto ko pong malaman kasi sa akin bumagsak yan. Ang sabi kasi, nagiging political. Totoo po ba yan (I want to know because the subject falls on my committee. The perception is that the process was prone to politics. Is it true)?” Padilla asked Court Administrator Raul Villanueva.
Padilla cited the pronouncements of veteran lawyer and resource person Estelito Mendoza during his committee's hearing that the appointment of magistrates became “concentrated” on the President - and lawmakers had virtually no more participation
“The Judicial and Bar Council (JBC) is supposed to ‘depoliticalize’ the process. But... what has happened is that the appointment of members of the judiciary has now been concentrated on the President without the voice or participation of the members of Congress,” he said.
Mendoza suggested that members of Congress be given a voice by having the judiciary officials go through the Commission on Appointments (CA).
“Sa inyong palagay kailangan bang amyendahan ang Saligang batas (Do you think the Constitution needs to be amended)?” Padilla asked.
Villanueva replied the suggestion might need changing some provisions of the Constitution.
“That will require an amendment to the Constitution. If it will be amended, the judiciary interprets the law based on what is provided in the Constitution. Definitely, we will follow if that will be provided by law or the Constitution,’’ he explained.
Associate Justice Midas Marquez added that the process of magistrates going through the CA was a process under the 1935 Constitution, but when the 1986 Constitutional Commission tackled revisions to the Charter, they saw the pros and cons of going through the CA so they deemed it better to have the Judicial and Bar Council ("nakita po nila ang mga pros and cons ng pagdaan sa Commission of Appointments kaya minabuti nila noong panahong yan na magkaroon ng Judicial and Bar Council”).
The Judiciary officials indicated they are open to the recommendations by a constitutional revision committee formed by former President Duterte, including the strengthening of the JBC.
“By all means — basta makabuti sa ating bansa (so long as it benefits the country),” Marquez replied when asked by Padilla if they would agree to the committee's recommendations.