Amid the noise left in the wake of the ouster of former Chief Justice Maria Lourdes A. Sereno, the consultative committee (Con-com) reviewing the 1987 Constitution seeks to overhaul the Judiciary, including changes in the impeachment process and the creation of three high courts.
Con-com Spokesman Conrado I. Generoso said the emerging consensus at the Subcommittee on the Structure of Federal Government is that Congress and the Judiciary will have joint jurisdiction under the proposed federal constitution.
This significantly differs from the current procedure where impeachment is the sole domain of Congress.
Although Con-com Chairman and former Chief Justice Reynato S. Puno said they do not have a particular personality in mind in designing the new system, he said the committee would rather that the impeachment process be both political and judicial in nature.
“In other words, if the process is purely political, the members of Congress would not be answerable to the Judiciary but they will be answerable to the people, and this means that the respondent cannot go to the Supreme Court for any judicial remedy,” Puno said.
“From our point of view [and] because of what is happening in our surroundings, maybe the best compromise is that the impeachment process is both political and adjudicatory,” he added.
Puno said the political part involves the initiation of the impeachment process, the investigation and the preparation of the indictment which would be left to Congress. The judicial part, which includes the impeachment trial that will strictly be a judicial proceeding, would go to the Federal Constitutional Court, one of the three high courts being eyed by Con-com.
He also said the impeachment body will be composed of 12 members of the Senate and 12 members from the House and presided over by the Senate President. The decision of the joint body will not be voted upon separately before it goes to the Constitutional Court.
Puno added that the use of the quo warranto as ground for the removal of an impeachable official proves that the impeachment process has evolved.
He described the Sereono ouster as a “wrinkle,” since the process was a development never anticipated by the framers of the Constitution.
“So if there are open spaces like that, since we are making a new constitution, it is our duty to look into these open spaces and see how the open space can be better used for a better purpose,” he said.
On whether the committee will revisit impeachment provisions or include a provision stating that impeachment via quo warranto will not be allowed, Puno said they have not reached that point but asserted they will review the grounds for impeachment.
“We note that over the years the grounds were the subject of heavy contention and, hopefully, we shall be able to review the different grounds, perhaps expand them or restrict them or qualify them,” he said.
Also, the federal Judiciary was seen to have three high courts, instead of just one Supreme Court, for a more efficient judicial system, speed up the delivery of justice and unclog the case backlog of the Supreme Court.
The Federal Supreme Court will have jurisdiction over conflicts between the branches and agencies within the Federal Government, conflicts between the Federal Government and the Federated Regions and conflicts between Federated Regions. Cases involving ambassadors, other public ministers and consuls, petitions for certiorari, prohibition, quo warranto; review on appeal or certiorari of final judgments and orders of lower courts except those within the jurisdiction of two other high courts, issues of jurisdiction of any lower court and criminal offenses in which the penalty is life imprisonment or death are also vested on the Federal Supreme Court.
The Federal Constitutional Court has jurisdiction over disputes involving the constitutionality of laws, treaties, international or executive agreement, presidential decrees, proclamations, orders, laws passed by the legislative assemblies of the Federated Regions, among others.
Aside from this, the Federal Constitutional Court will be in charge of cases of impeachment against all impeachable officials.
Another high court, the Federal Administrative Court, has exclusive jurisdiction to review on appeal or certiorari the decisions, judgments, final orders or resolutions of quasi-judicial bodies.
All three high courts will be composed of one presiding justice and eight associate justices.
In all these courts, three of the nine justices, including the Chief/Presiding Justice, will be appointed by the President while three will be appointed by the Commission on Appointments.
The remaining three for each high court will be appointed by another high courts. In other words, three will be appointed to the Federal Supreme Court by the Federal Constitutional Court en banc. For the Federal Constitutional Court, three Justices of the Supreme Court are to be appointed by the Federal Administrative Court en banc. Three are to be appointed to Federal Administrative Court by the Federal Supreme Court en banc.
Puno said they cannot take away completely the Congress’ participation in the appointment of justices.
“This is somehow a reply to the criticism that justices are not elected by the people and they are counter majoritarian and that therefore somehow their selection should also be participated in by members of congress by way of checking,” he said.
At present, the justices are appointed by the President from a list of candidates presented by the Judicial and Bar Council (JBC).
Puno also said the committee is looking to overhaul the JBC, including the change in its name, to make it more independent.
“It will not be the same Judicial and Bar Council. It will be an entirely new council so that the council can really help in the selection, promotion and transfer of our judges and justices,” he said.
Puno said while they have not thoroughly discussed the appointing authority on members of the JBC, their members do not have the right or privilege to be reappointed.
“That will be different from what we have today. That is the weakness of our JBC (as) the ones being appointed by the President can be reappointed,” he said.