Myline Cordial

FACTS: The 1987 Constitution, aiming to rid the process of appointments to the Judiciary from political pressure and partisan activities, created a separate and independent body to recommend nominees to the President called the Judicial and Bar Council (JBC). Section 8, Article VIII of the Constitution provides for the composition of the JBC, that it will be 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.

From the moment of the creation of the JBC, the Congress would send alternate representatives to the JBC. However, in 1994, the Congress sent two representatives – one from the House of Representatives and one from the Senate, each entitled to one-half (1/2) of a vote. Then in 2000 and 2001, the JBC En banc allowed the representatives from the Senate and the House of Representatives one full vote each.

ISSUES: 

Whether or not the first paragraph of Section 8, Article VII of the 1987 Constitution allow more then one (1) member of Congress to sit in the JBC.

RULING:

The provision of Section 8 enumerates the regular members of the JBC: a representative of the Integrated Bar, a professor of law, a retired member of the Court and a representative from the private sector; and the ex officio or special members are the Chief Justice who will be the Chairman, the Secretary of Justice, and a representative of the Congress.

One of the primary and basic rules in statutory construction is that where the words are clear, plain and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. The use of the singular letter “a” preceding “representative of Congress” is unequivocal and indicates that the Congress may designate only one (1) representative to the JBC. The principle of constitutional construction provides that the language employed in the Constitution must be given their ordinary meaning except where technical terms are employed. Verba legis non est recedendum – from the words of the statute there should be no departure because they express the objective sought to be attained and the Constitution is primarily a document of the people.

The records of the Constitutonal Commission show that it was intended that the JBC be composed of seven (7) members only. The seven-member composition of the JBC serves a practical purpose as it provides a solution whenever there is a stalemate in voting. With this reason, 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. The composition of the JBC intends to have a representation from the major elements of the community. The ex-officio members of the Council consist of representatives from the three main branches of government while the regular members are composed of various stakeholders in the judiciary.

The Supreme Court granted the petition and declared that the numerical composition of the Judicial and Bar Council other than seven is declared unconstitutional. The Judicial and Bar Council is enjoined to reconstitute itself so that inly one (1) member of Congress will sit as representative in its proceedings.