New JBC member on choosing judges: Competence over politicians’ endorsement

Newly appointed Judicial and Bar Council (JBC) member Jose Mejia on Tuesday told the powerful Commission on Appointments (CA) that he will prefer the appointment of "academically competent" judges over those who were endorsed by politicians.

Mejia made the statement when asked by Senate President Pro Tempore Jinggoy Estrada if there is a "palakasan" system or the use of position to gain favor or promotion in the JBC during the hearing on Mejia's appointment.

"I think all things being equal, I would say na meron po in the sense na kung sino po ang mas qualified [there is in the sense of who is more qualified]. Kasi as you all know, the system is such as there are endorsers. There are people who endorse... [There are endorsements] from officials, et cetera," Media told the CA committee on JBC.

However, Mejia explained that endorsements are just only one of the factors in considering the appointments of judges.

"If the person is highly endorsed but the other factors will not really qualify him, for example, meron pong administrative case [if there is an administrative case against him]. So 'yung palakasan po, all things being equal, if the person is found to be filled with integrity and all these aspects of competence together with the endorsement then they are all taken into consideration," he said.

Sharing his own system of assessment in vetting candidates, Mejia said he sets apart those who have no endorsements but are "very much qualified" from those who are "not that competent but has an endorsement."

"If the person is much more academically...competent vis-a-vis someone who is not that competent but has an endorsement, I will [choose] the one who is academically competent for the simple reason that there are many positions that are always available," Mejia said.

"So depending on the station that is being considered then we always give a premium to the one who is very much qualified," he added.

At one point, Senator Ronald "Bato" dela Rosa,  CA committee on JBC chairperson, told Mejia not to prioritize the names of judges that he might endorse to him in the future. 

"In case darating ang panahon na makatanggap ka sa akin ng recommendation, may lumapit sa akin na abogado na gustong maging judge, makatanggap ka sa akin ng recommendation, please consider it as a mechanical function as a politician. Please don't give it extra premium. Trabaho lang namin 'yon, may lumapit, nagpatulong, 'yun lang," Dela Rosa said. 

(If the time comes that you get a recommendation from me, if a lawyer approaches me wanting to be a judge, and you get a recommendation from me, please consider it as a mechanical function as a politician. Please don't give it extra premium. That's just our job. Someone approaches us, asks for help, that's all.)

"I'm giving you that advanced info. Baka mamaya may lalapit 'Oh si Bato pala ang chairman ng Judicial Bar Council [in CA], baka malakas ito.' May lalapit at lalapit talaga pero still kayo dapat ang masunod," he added.

(Because someone might com forward, 'Bato is the chairman of the JBD in the CA, his recommendation will carry weight.' There will always be someone who will approach but you should be the one who must be followed.)

Dela Rosa said the JBC's "standards" should be followed and they should "maintain the integrity" of the council. 

"You maintain the integrity of the JBC. Justice 'yung pinag-uusapan natin dito eh. 'Naging judge lang yan dahil malakas yung endorser'. So pangit, walang pupuntahan yung ating bansa pag ganon," the senator remarked. 

(We are talking about justice. 'He became a judge because he has a powerful endorser.' That's ugly. Our country will go nowhere if it's like that.)

The confirmation of Mejia's ad interim appointment was endorsed by the CA panel and was eventually approved by the powerful bicameral body during the plenary session.

With this, Mejia will serve as the JBC representative of the private sector. His term will expire on July 9, 2028.

Mejia will be joining Chief Justice Alexander Gesmundo, Justice Secretary Jesus Crispin Remulla, Senator Aquilino "Koko" Pimentel III, Congresswoman Juliet Marie de Leon, former Supreme Court Justice Jose Mendoza, lawyer Nesauro Firme and former Court of Tax Appeals associate justice Erlinda Piñera Uy in the JBC. — BM, GMA Integrated News