Case Summary (G.R. No. 202242)
July 17, 2012 Decision
The Court granted the petition, declaring that the existing eight-member composition—with two congressional representatives—violates the singular “a representative of the Congress” provision. It enjoined the JBC to reconstitute itself with only one congressional member and ordered immediate execution of this ruling.
Suspension and Further Proceedings
Respondents moved for reconsideration. On August 3, 2012, the Court, with regard to Senate Resolutions urging dual representation, suspended the executory clause (“this disposition is immediately executory”) and directed both parties to file memoranda within ten days.
Historical Antecedents of Judicial Appointments
Under the Malolos (1899) and 1935 Constitutions, the President appointed judges subject to Commission on Appointments confirmation. The 1973 Constitution vested absolute appointment power in the Executive. To curb partisan influence, the 1987 Constitution created the JBC under Supreme Court supervision, composed of the Chief Justice (Chairman), the Secretary of Justice, one congressional representative, an Integrated Bar representative, a law professor, a retired Supreme Court justice, and a private-sector representative.
Evolution of Congressional Representation in the JBC
Originally, Congress sent one representative, alternating between Houses. In 1994 two representatives sat with half-votes each; in 2001 the JBC en banc granted each one full vote. This practice continued until the petition challenged its constitutionality.
Respondents’ Grounds for Reconsideration
- Bicameral Congress demands two seats for each House to avoid absurdity.
- Framers’ failure to adjust the provision after restoring bicameralism was inadvertent.
- Two representatives do not undermine insulation from partisanship.
- A seven-member Council could resolve stalemates without bicameral votes.
Textual Interpretation of “a Representative of the Congress”
The Court reaffirmed that the singular article “a” signifies only one congressional seat. Other constitutional provisions explicitly adjust language to recognize bicameral votes (e.g., voting separately on presidential ties, vice-presidential vacancies, martial-law revocation). The omission of similar language in Article VIII, Section 8(1) cannot be excused as oversight.
Purpose and Non-Legislative Nature of the JBC Role
The JBC’s function is contributory to executive appointment power, not legislative lawmaking. Congress acts as a single branch in this non-legislative role. Recognizing two votes would give the Legislature undue influence and upset the Council’s intended balance among co-equal branches.
Prohibition of Indirect Circumvention and Vote-Splitting
Allowi
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Factual and Procedural Background
- Former Chief Justice Renato C. Corona’s removal on May 29, 2012 led to the nomination of Francisco I. Chavez as his potential successor.
- Chavez filed a petition questioning:
• Whether Article VIII, Section 8(1) permits more than one congressional member in the JBC;
• The constitutionality of two congressional representatives each casting one vote. - July 17, 2012 Decision: held the eight-member JBC composition unconstitutional; ordered reconstitution with a single congressional representative; disposition immediately executory.
- Respondents (Sen. Escudero, Rep. Tupas) moved for reconsideration; the Court heard oral arguments on August 2, 2012; on August 3, 2012 it suspended the “immediately executory” clause and directed submission of memoranda.
Constitutional Provision at Issue
- Article VIII, Section 8(1), 1987 Constitution:
• Establishes the JBC under Supreme Court supervision;
• Ex officio members: Chief Justice (Chairman), Secretary of Justice, a representative of Congress;
• Regular members: Integrated Bar rep, law professor, retired Supreme Court justice, private sector rep;
• Plain text indicates seven total members.
Historical Antecedents of Judicial Appointments
- Malolos (1899) & 1935 Constitutions: President appoints judges, subject to legislative confirmation, leading to political patronage.
- 1973 Constitution: fused executive–legislative powers, making judicial appointments unchecked.
- 1986 Constitutional Commission: created an independent JBC t