G.R. No. 48231 - Wise and Co., Inc. vs. Meer

Associate Justice Roberto A. Abad reached compulsory retirement on May 22, 2014, creating a vacancy in the Supreme Court.
On March 6, 2014, the Judicial and Bar Council (JBC) opened applications for the vacancy; on March 14, 2014, Dean Danilo Concepcion nominated Solicitor General Francis H. Jardeleza, who accepted.
On April 24, 2014, the JBC published the list of 15 candidates, including Jardeleza, and scheduled public interviews on May 29–30, 2014; no opposition was raised during Jardeleza’s May 29 interview.

On June 5 and 16, 2014, Chief Justice Maria Lourdes P.A. Sereno, as JBC Chair, indicated she would invoke Rule 10, Section 2 of JBC-009 to challenge Jardeleza’s “integrity,” based on his handling of an important international arbitration case for the Republic.
Former JBC member Justice Aurora Santiago Lagman informed Jardeleza by phone of the Rule 10 challenge and invited him to the June 30 meeting.
On June 30, 2014, Senior Associate Justice Antonio Carpio briefed JBC members on a confidential legal memorandum concerning the arbitration; Jardeleza was then asked to defend himself but refused in protest of procedural defects.
The JBC voted to shortlist four nominees—Bruselas, Reyes, Pulido-Tan, and Daway—with Jardeleza excluded under the “unanimity” requirement of Rule 10, Section 2, despite receiving four votes.
On July 8, 2014, the Supreme Court, noting the JBC’s transmittal of its shortlist to the President, declined to act on Jardeleza’s June 24 letter-petition, deeming it moot but without prejudice to other remedies.

Whether certiorari lies against JBC acts, given it does not exercise judicial or quasi-judicial functions.
Whether mandamus lies to compel JBC to include Jardeleza in its shortlist, given its discretion in nominations.

Whether the Supreme Court’s supervisory power over the JBC authorizes it to review alleged grave abuse of discretion by the JBC.
Whether Rule 10, Section 2 of JBC-009—requiring unanimous votes when “integrity” is challenged—was properly invoked by a JBC member.
Whether Jardeleza was denied due process in JBC proceedings, including notice of allegations and adequate opportunity to respond.