OSG asks SC to junk petition questioning JBC composition

July 13, 2012 11:02 pm 

MANILA, July 13 – The Office of the Solicitor General has asked the Supreme Court to dismiss the petition questioning the legality of the present composition of the Judicial and Bar Council.

In a 46-page comment, Solicitor General Francis Jardeleza said the SC should dismiss the petition filed by former Solicitor General Francisco Chavez for lack of merit.

The petition of Chavez seeks to declare as null and void the present composition of the JBC.

Jardeleza argued the present composition of the JBC is constitutional.

The OSG said the membership of a representative from each of the House of the Congress in the JBC does not subvert the intention of the framers of the 1987 Constitution to insulate the JBC from political partisanship.

It also argued the subject matter of the petition is improper in a petition for prohibition and injunction to enjoin the JBC from exercising its functions while having eight members and two respondents Sen. Francis Escudero and Rep. Niel Tupas, Jr. from sitting at the same time in the JBC and performing their functions as ex-officio members.

The OSG filed its comment for the respondents Escudero and Tupas.

In his petition, Chavez argued the representative each for both the House and the Senate in the JBC is questionable because, based on the Constitution, the Congress should only have one representative in the JBC. (PNA)

hbc/PTR

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