VS
JBC
MENDOZA,
J.:
The
issue
at
hand
has
been
in
hibernation
until
the
unexpected
departure
of
Chief
Justice
Renato
C.
Corona
on
May
29,
2012,
and
the
nomination
of
former
Solicitor
General
Francisco
I.
Chavez
(petitioner),
as
his
potential
successor,
triggered
the
filing
of
this
case.
The
issue
has
constantly
been
nagging
legal
minds,
yet
remained
dormant
for
lack
of
constitutional
challenge.
As
the
matter
is
of
extreme
urgency
considering
the
constitutional
deadline
in
the
process
of
selecting
the
nominees
for
the
vacant
seat
of
the
Chief
Justice,
the
Court
cannot
delay
the
resolution
of
the
issue
a
day
longer.
Relegating
it
in
the
meantime
to
the
back
burner
is
not
an
option.
Does
the
first
paragraph
of
Section
8,
Article
VIII
of
the
1987
Constitution
allow
more
than
one
(1)
member
of
Congress
to
sit
in
the
JBC?
Is
the
practice
of
having
two
(2)
representatives
from
each
house
of
Congress
with
one
(1)
vote
each
sanctioned
by
the
Constitution?
These
are
the
pivotal
questions
to
be
resolved
in
this
original
action
for
prohibition
and
injunction.
Long
before
the
naissance
of
the
present
Constitution,
the
annals
of
history
bear
witness
to
the
fact
that
the
exercise
of
appointing
members
of
the
Judiciary
has
always
been
the
exclusive
prerogative
of
the
executive
and
legislative
branches
of
the
government.
Like
their
progenitor
of
American
origins,
both
the
Malolos
Constitution
and
the
1935
Constitution
had
vested
the
power
to
appoint
the
members
of
the
Judiciary
in
the
President,
subject
to
confirmation
by
the
Commission
on
Appointments.
It
was
during
these
times
that
the
country
became
witness
to
the
deplorable
practice
of
aspirants
seeking
confirmation
of
their
appointment
in
the
Judiciary
to
ingratiate
themselves
with
the
members
of
the
legislative
body.
Then,
with
the
fusion
of
executive
and
legislative
power
under
the
1973
Constitution,
the
appointment
of
judges
and
justices
was
no
longer
subject
to
the
scrutiny
of
another
body.
It
was
absolute,
except
that
the
appointees
must
have
all
the
qualifications
and
none
of
the
disqualifications.
Prompted
by
the
clamor
to
rid
the
process
of
appointments
to
the
Judiciary
from
political
pressure
and
partisan
activities,
the
members
of
the
Constitutional
Commission
saw
the
need
to
create
a
separate,
competent
and
independent
body
to
recommend
nominees
to
the
President.
Thus,
it
conceived
of
a
body
representative
of
all
the
stakeholders
in
the
judicial
appointment
process
and
called
it
the
Judicial
and
Bar
Council
(JBC).
Its
composition,
term
and
functions
are
provided
under
Section
8,
Article
VIII
of
the
Constitution,
viz:
Section
8.
(1)
A
Judicial
and
Bar
Council
is
hereby
created
under
the
supervision
of
the
Supreme
Court
composed
of
the
Chief
Justice
as
ex
officio
Chairman,
the
Secretary
of
Justice,
and
a
representative
of
the
Congress
as
ex
officio
Members,
a
representative
of
the
Integrated
Bar,
a
professor
of
law,
a
retired
Member
of
the
Supreme
Court,
and
a
representative
of
the
private
sector.
(2)
The
regular
members
of
the
Council
shall
be
appointed
by
the
President
for
a
term
of
four
years
with
the
consent
of
the
Commission
on
Appointments.
Of
the
Members
first
appointed,
the
representative
of
the
Integrated
Bar
shall
serve
for
four
years,
the
professor
of
law
for
three
years,
the
retired
Justice
for
two
years,
and
the
representative
of
the
private
sector
for
one
year.
(3)
The
Clerk
of
the
Supreme
Court
shall
be
the
Secretary
ex
officio
of
the
Council
and
shall
keep
a
record
of
its
proceedings.
(4)
The
regular
Members
of
the
Council
shall
receive
such
emoluments
as
may
be
determined
by
the
Supreme
Court.
The
Supreme
Court
shall
provide
in
its
annual
budget
the
appropriations
for
the
Council.
(5)
The
Council
shall
have
the
principal
function
of
recommending
appointees
to
the
Judiciary.
It
may
[1]
[2]
[3]
[4]
[5]
exercise
such
other
functions
and
duties
as
the
Supreme
Court
may
assign
to
it.
In
compliance
therewith,
Congress,
from
the
moment
of
the
creation
of
the
JBC,
designated
one
representative
to
sit
in
the
JBC
to
act
as
one
of
the
ex
officio
members.
Perhaps
in
order
to
give
equal
opportunity
to
both
houses
to
sit
in
the
exclusive
body,
the
House
of
Representatives
and
the
Senate
would
send
alternate
representatives
to
the
JBC.
In
other
words,
Congress
had
only
one
(1)
representative.
In
1994,
the
composition
of
the
JBC
was
substantially
altered.
Instead
of
having
only
seven
(7)
members,
an
eighth
(8 )
member
was
added
to
the
JBC
as
two
(2)
representatives
from
Congress
began
sitting
in
the
JBC
-
one
from
the
House
of
Representatives
and
one
from
the
Senate,
with
each
having
one-half
(1/2)
of
a
vote.
Then,
curiously,
the
JBC
En
Banc,
in
separate
meetings
held
in
2000
and
2001,
decided
to
allow
the
representatives
from
the
Senate
and
the
House
of
Representatives
one
full
vote
each.
At
present,
Senator
Francis
Joseph
G.
Escudero
and
Congressman
Niel
C.
Tupas,
Jr.
(respondents)
simultaneously
sit
in
the
JBC
as
representatives
of
the
legislature.
It
is
this
practice
that
petitioner
has
questioned
in
this
petition,
setting
forth
the
following
GROUNDS
FOR
ALLOWANCE
OF
THE
PETITION
I
Article
VIII,
Section
8,
Paragraph
1
is
clear,
definite
and
needs
no
interpretation
in
that
the
JBC
shall
have
only
one
representative
from
Congress.
II
The
framers
of
the
Constitution
clearly
envisioned,
contemplated
and
decided
on
a
JBC
composed
of
only
seven
(7)
members.
III
Had
the
framers
of
the
Constitution
intended
that
the
JBC
composed
of
the
one
member
from
the
Senate
and
one
member
from
the
House
of
Representatives,
they
could
have
easily
said
so
as
they
did
in
the
other
provisions
of
the
Constitution.
IV
The
composition
of
the
JBC
providing
for
three
ex-
fficio
members
is
purposely
designed
for
a
balanced
representation
of
each
of
the
three
branches
of
the
government.
V
One
of
the
two
(2)
members
of
the
JBC
from
Congress
has
no
right
(not
even
right)
to
sit
in
the
said
constitutional
body
and
perform
the
duties
and
functions
of
a
member
thereof.
VI
The
JBC
cannot
conduct
valid
proceedings
as
its
composition
is
illegal
and
unconstitutional.
On
July
9,
2012,
the
JBC
filed
its
Comment.
It,
however,
abstained
from
recommending
on
how
this
constitutional
issue
should
be
disposed
in
gracious
deference
to
the
wisdom
of
the
Court.
Nonetheless,
the
JBC
was
more
than
generous
enough
to
offer
the
insights
of
various
personalities
previously
[6]
th
[7]
[8]
[9]
[10]
[11]
[13]
[14]
[15]
[16]
[17]
[18]
[19]
[20]
[21]
In
its
Comment,
the
JBC
submits
that
petitioner
is
clothed
with
locus
standi
to
file
the
petition,
as
a
citizen
and
taxpayer,
who
has
been
nominated
to
the
position
of
Chief
Justice.
For
the
respondents,
however,
petitioner
has
no
real
interest
in
questioning
the
constitutionality
of
the
JBCs
current
composition.
As
outlined
in
jurisprudence,
it
is
well-settled
that
for
locus
standi
to
lie,
petitioner
must
exhibit
that
he
has
been
denied,
or
is
about
to
be
denied,
of
a
personal
right
or
privilege
to
which
he
is
entitled.
Here,
petitioner
failed
to
manifest
his
acceptance
of
his
recommendation
to
the
position
of
Chief
Justice,
thereby
divesting
him
of
a
substantial
interest
in
the
controversy.
Without
his
name
in
the
official
list
of
applicants
for
the
post,
the
respondents
claim
that
there
is
no
personal
stake
on
the
part
of
petitioner
that
would
justify
his
outery
of
unconstitutionality.
Moreover,
the
mere
allegation
that
this
case
is
of
transcendental
importance
does
not
excuse
the
waiver
of
the
rule
on
locus
standi,
because,
in
the
first
place,
the
case
lacks
the
requisites
therefor.
The
respondents
also
question
petitioners
belated
filing
of
the
petition.
Being
aware
that
the
current
composition
of
the
JBC
has
been
in
practice
since
1994,
petitioners
silence
for
eighteen
(18)
years
show
that
the
constitutional
issue
being
raised
before
the
Court
does
not
comply
with
the
earliest
possible
opportunity
requirement.
Before
addressing
the
above
issues
in
seriatim,
the
Court
deems
it
proper
to
first
ascertain
the
nature
of
the
petition.
Pursuant
to
the
rule
that
the
nature
of
an
action
is
determined
by
the
allegations
therein
and
the
character
of
the
relief
sought,
the
Court
views
the
petition
as
essentially
an
action
for
declaratory
relief
under
Rule
63
of
the
1997
Rules
of
Civil
Procedure.
The
Constitution
as
the
subject
matter,
and
the
validity
and
construction
of
Section
8
(1),
Article
VIII
as
the
issue
raised,
the
petition
should
properly
be
considered
as
that
which
would
result
in
the
adjudication
of
rights
sans
the
execution
process
because
the
only
relief
to
be
granted
is
the
very
declaration
of
the
rights
under
the
document
sought
to
be
construed.
It
being
so,
the
original
jurisdiction
over
the
petition
lies
with
the
appropriate
Regional
Trial
Court
(RTC).
Notwithstanding
the
fact
that
only
questions
of
law
are
raised
in
the
petition,
an
action
for
declaratory
relief
is
not
among
those
within
the
original
jurisdiction
of
this
Court
as
provided
in
Section
5,
Article
VIII
of
the
Constitution.
At
any
rate,
due
to
its
serious
implications,
not
only
to
government
processes
involved
but
also
to
the
sanctity
of
the
Constitution,
the
Court
deems
it
more
prudent
to
take
cognizance
of
it.
After
all,
the
petition
is
also
for
prohibition
under
Rule
65
seeking
to
enjoin
Congress
from
sending
two
(2)
representatives
with
one
(1)
full
vote
each
to
the
JBC.
The
Courts
power
of
judicial
review,
like
almost
all
other
powers
conferred
by
the
Constitution,
is
subject
to
several
limitations,
namely:
(1)
there
must
be
an
actual
case
or
controversy
calling
for
the
exercise
of
judicial
power;
(2)
the
person
challenging
the
act
must
have
standing
to
challenge;
he
must
have
a
personal
and
substantial
interest
in
the
case,
such
that
he
has
sustained
or
will
sustain,
direct
injury
as
a
result
of
its
enforcement;
(3)
the
question
of
constitutionality
must
be
raised
at
the
earliest
possible
opportunity;
and
(4)
the
issue
of
constitutionality
must
be
the
very
lis
mota
of
the
case.
Generally,
a
party
will
be
allowed
to
litigate
only
when
these
conditions
sine
qua
non
are
present,
especially
when
the
constitutionality
of
an
act
by
a
co-equal
branch
of
government
is
put
in
issue.
Anent
locus
standi,
the
question
to
be
answered
is
this:
does
the
party
possess
a
personal
stake
in
the
outcome
of
the
controversy
as
to
assure
that
there
is
real,
concrete
and
legal
conflict
of
rights
and
duties
from
the
issues
presented
before
the
Court?
In
David
v.
Macapagal-Arroyo,
the
Court
summarized
the
rules
on
locus
standi
as
culled
from
jurisprudence.
There,
it
was
held
that
taxpayers,
voters,
concerned
citizens,
and
legislators
may
be
accorded
standing
to
sue,
provided
that
the
following
requirements
are
met:
(1)
cases
involve
constitutional
issues;
(2)
for
taxpayers,
there
must
be
a
claim
of
illegal
disbursement
of
public
funds
or
that
the
tax
measure
is
unconstitutional;
(3)
for
voters,
there
must
be
a
showing
of
obvious
interest
in
the
validity
of
the
election
law
in
question;
(4)
for
concerned
citizens,
there
[22]
[23]
[24]
[25]
[26]
[27]
[28]
must
be
a
showing
that
the
issues
raised
are
of
transcendental
importance
which
must
be
settled
early;
and
(5)
for
legislators,
there
must
be
a
claim
that
the
official
action
complained
of
infringes
upon
their
prerogatives
as
legislators.
In
public
suits,
the
plaintiff,
representing
the
general
public,
asserts
a
public
right
in
assailing
an
allegedly
illegal
official
action.
The
plaintiff
may
be
a
person
who
is
affected
no
differently
from
any
other
person,
and
can
be
suing
as
a
stranger,
or
as
a
citizen
or
taxpayer.
Thus,
taxpayers
have
been
allowed
to
sue
where
there
is
a
claim
that
public
funds
are
illegally
disbursed
or
that
public
money
is
being
deflected
to
any
improper
purpose,
or
that
public
funds
are
wasted
through
the
enforcement
of
an
invalid
or
unconstitutional
law.
Of
greater
import
than
the
damage
caused
by
the
illegal
expenditure
of
public
funds
is
the
mortal
wound
inflicted
upon
the
fundamental
law
by
the
enforcement
of
an
invalid
statute.
In
this
case,
petitioner
seeks
judicial
intervention
as
a
taxpayer,
a
concerned
citizen
and
a
nominee
to
the
position
of
Chief
Justice
of
the
Supreme
Court.
As
a
taxpayer,
petitioner
invokes
his
right
to
demand
that
the
taxes
he
and
the
rest
of
the
citizenry
have
been
paying
to
the
government
are
spent
for
lawful
purposes.
According
to
petitioner,
since
the
JBC
derives
financial
support
for
its
functions,
operation
and
proceedings
from
taxes
paid,
petitioner
possesses
as
taxpayer
both
right
and
legal
standing
to
demand
that
the
JBCs
proceedings
are
not
tainted
with
illegality
and
that
its
composition
and
actions
do
not
violate
the
Constitution.
Notably,
petitioner
takes
pains
in
enumerating
past
actions
that
he
had
brought
before
the
Court
where
his
legal
standing
was
sustained.
Although
this
inventory
is
unnecessary
to
establish
locus
standi
because
obviously,
not
every
case
before
the
Court
exhibits
similar
issues
and
facts,
the
Court
recognizes
the
petitioners
right
to
sue
in
this
case.
Clearly,
petitioner
has
the
legal
standing
to
bring
the
present
action
because
he
has
a
personal
stake
in
the
outcome
of
this
controversy.
The
Court
disagrees
with
the
respondents
contention
that
petitioner
lost
his
standing
to
sue
because
he
is
not
an
official
nominee
for
the
post
of
Chief
Justice.
While
it
is
true
that
a
personal
stake
on
the
case
is
imperative
to
have
locus
standi,
this
is
not
to
say
that
only
official
nominees
for
the
post
of
Chief
Justice
can
come
to
the
Court
and
question
the
JBC
composition
for
being
unconstitutional.
The
JBC
likewise
screens
and
nominates
other
members
of
the
Judiciary.
Albeit
heavily
publicized
in
this
regard,
the
JBCs
duty
is
not
at
all
limited
to
the
nominations
for
the
highest
magistrate
in
the
land.
A
vast
number
of
aspirants
to
judicial
posts
all
over
the
country
may
be
affected
by
the
Courts
ruling.
More
importantly,
the
legality
of
the
very
process
of
nominations
to
the
positions
in
the
Judiciary
is
the
nucleus
of
the
controversy.
The
Court
considers
this
a
constitutional
issue
that
must
be
passed
upon,
lest
a
constitutional
process
be
plagued
by
misgivings,
doubts
and
worse,
mistrust.
Hence,
a
citizen
has
a
right
to
bring
this
question
to
the
Court,
clothed
with
legal
standing
and
at
the
same
time,
armed
with
issues
of
transcendental
importance
to
society.
The
claim
that
the
composition
of
the
JBC
is
illegal
and
unconstitutional
is
an
object
of
concern,
not
just
for
a
nominee
to
a
judicial
post,
but
for
all
citizens
who
have
the
right
to
seek
judicial
intervention
for
rectification
of
legal
blunders.
With
respect
to
the
question
of
transcendental
importance,
it
is
not
difficult
to
perceive
from
the
opposing
arguments
of
the
parties
that
the
determinants
established
in
jurisprudence
are
attendant
in
this
case:
(1)
the
character
of
the
funds
or
other
assets
involved
in
the
case;
(2)
the
presence
of
a
clear
case
of
disregard
of
a
constitutional
or
statutory
prohibition
by
the
public
respondent
agency
or
instrumentality
of
the
government;
and
(3)
the
lack
of
any
other
party
with
a
more
direct
and
specific
interest
in
the
questions
being
raised.
The
allegations
of
constitutional
violations
in
this
case
are
not
empty
attacks
on
the
wisdom
of
the
other
branches
of
the
government.
The
allegations
are
substantiated
by
facts
and,
therefore,
deserve
an
evaluation
from
the
Court.
The
Court
need
not
elaborate
on
the
legal
and
societal
ramifications
of
the
issues
raised.
It
cannot
be
gainsaid
that
the
JBC
is
a
constitutional
innovation
crucial
in
the
selection
of
the
magistrates
in
our
judicial
system.
[29]
[30]
[31]
[33]
[34]
[35]
[36]
[37]
[38]
[39]
case,
only
a
singular
representative
may
be
allowed
to
sit
in
the
JBC.
The
foregoing
declaration
is
but
sensible,
since,
as
pointed
out
by
an
esteemed
former
member
of
the
Court
and
consultant
of
the
JBC
in
his
memorandum,
from
the
enumeration
of
the
membership
of
the
JBC,
it
is
patent
that
each
category
of
members
pertained
to
a
single
individual
only.
Indeed,
the
spirit
and
reason
of
the
statute
may
be
passed
upon
where
a
literal
meaning
would
lead
to
absurdity,
contradiction,
injustice,
or
defeat
the
clear
purpose
of
the
lawmakers.
Not
any
of
these
instances,
however,
is
present
in
the
case
at
bench.
Considering
that
the
language
of
the
subject
constitutional
provision
is
plain
and
unambiguous,
there
is
no
need
to
resort
extrinsic
aids
such
as
records
of
the
Constitutional
Commission.
Nevertheless,
even
if
the
Court
should
proceed
to
look
into
the
minds
of
the
members
of
the
Constitutional
Commission,
it
is
undeniable
from
the
records
thereof
that
it
was
intended
that
the
JBC
be
composed
of
seven
(7)
members
only.
Thus:
MR.
RODRIGO:
Let
me
go
to
another
point
then.
On
page
2,
Section
5,
there
is
a
novel
provision
about
the
appointments
of
members
of
the
Supreme
Court
and
judges
of
the
lower
courts.
At
present
it
is
the
President
who
appoints
them.
If
there
is
a
Commission
on
Appointments,
then
it
is
the
President
with
the
confirmation
of
the
Commission
on
Appointment.
In
this
proposal,
we
would
like
to
establish
a
new
office,
a
sort
of
a
board
composed
of
seven
members
called
the
Judicial
and
Bar
Council.
And
while
the
President
will
still
appoint
the
member
of
the
judiciary,
he
will
be
limited
to
the
recommendees
of
this
Council.
xxx
xxx
xxx
MR.
RODRIGO.
Of
the
seven
members
of
the
Judicial
and
Bar
Council,
the
President
appoints
four
of
them
who
are
regular
members.
xxx
xxx
xxx
MR.
CONCEPCION.
The
only
purpose
of
the
Committee
is
to
eliminate
partisan
politics.
xxx
xxx
xxx
MR.
RODRIGO.
If
my
amendment
is
approved,
then
the
provision
will
be
exactly
the
same
as
the
provision
in
the
1935
Constitution,
Article
VIII,
Section
5.
xxx
xxx
xxx
If
we
do
not
remove
the
proposed
amendment
on
the
creation
of
the
Judicial
and
Bar
Council,
this
will
be
a
diminution
of
the
appointing
power
of
the
highest
magistrate
of
the
land,
of
the
President
of
the
Philippines
elected
by
all
the
Filipino
people.
The
appointing
power
will
be
limited
by
a
group
of
seven
people
who
are
not
elected
by
the
people
but
only
appointed.
Mr.
Presiding
Officer,
if
this
Council
is
created,
there
will
be
no
uniformity
in
our
constitutional
provisions
on
appointments.
The
members
of
the
Judiciary
will
be
segregated
from
the
rest
of
the
government.
Even
a
municipal
judge
cannot
be
appointed
by
the
President
except
upon
recommendation
or
nomination
of
the
three
names
by
this
Committee
of
seven
people,
commissioners
of
the
Commission
on
Elections,
the
COA
and
the
Commission
on
Civil
Serviceeven
ambassadors,
generals
of
the
Army
will
not
come
under
this
restriction.
Why
are
we
going
to
segregate
the
Judiciary
from
the
rest
of
our
government
in
the
appointment
of
high-ranking
officials?
[40]
[41]
[42]
[43]
Another
reason
is
that
this
Council
will
be
ineffective.
It
will
just
besmirch
the
honor
of
our
President
without
being
effective
at
all
because
this
Council
will
be
under
the
influence
of
the
President.
Four
out
of
seven
are
appointees
of
the
President
and
they
can
be
reappointed
when
their
term
ends.
Therefore,
they
would
be
kowtow
the
President.
A
fifth
member
is
the
Minister
of
Justice,
an
alter
ego
of
the
President.
Another
member
represents
the
Legislature.
In
all
probability,
the
controlling
part
in
the
legislature
belongs
to
the
President
and,
therefore,
this
representative
form
the
National
Assembly
is
also
under
the
influence
of
the
President.
And
may
I
say,
Mr.
Presiding
Officer,
that
event
the
Chief
Justice
of
the
Supreme
Court
is
an
appointee
of
the
President.
So
it
is
futile
he
will
be
influence
anyway
by
the
President.
[Emphases
supplied]
At
this
juncture,
it
is
worthy
to
note
that
the
seven-member
composition
of
the
JBC
serves
a
practical
purpose,
that
is,
to
provide
a
solution
should
there
be
a
stalemate
in
voting.
This
underlying
reason
leads
the
Court
to
conclude
that
a
single
vote
may
not
be
divided
into
half
(1/2),
between
two
representatives
of
Congress,
or
among
any
of
the
sitting
members
of
the
JBC
for
that
matter.
This
unsanctioned
practice
can
possibly
cause
disorder
and
eventually
muddle
the
JBCs
voting
process,
especially
in
the
event
a
tie
is
reached.
The
aforesaid
purpose
would
then
be
rendered
illusory,
defeating
the
precise
mechanism
which
the
Constitution
itself
created.
While
it
would
be
unreasonable
to
expect
that
the
Framers
provide
for
every
possible
scenario,
it
is
sensible
to
presume
that
they
knew
that
an
odd
composition
is
the
best
means
to
break
a
voting
deadlock.
The
respondents
insist
that
owing
to
the
bicameral
nature
of
Congress,
the
word
Congress
in
Section
8(1),
Article
VIII
of
the
Constitution
should
be
read
as
including
both
the
Senate
and
the
House
of
Representatives.
They
theorize
that
it
was
so
worded
because
at
the
time
the
said
provision
was
being
drafted,
the
Framers
initially
intended
a
unicameral
form
of
Congress.
Then,
when
the
Constitutional
Commission
eventually
adopted
a
bicameral
form
of
Congress,
the
Framers,
through
oversight,
failed
to
amend
Article
VIII,
Section
8
of
the
Constitution.
On
this
score,
the
Court
cites
the
insightful
analysis
of
another
member
of
the
Court
and
JBC
consultant,
retired
Justice
Consuelo
Ynares-Santiago.
Thus:
A
perusal
of
the
records
of
the
Constitutional
Commission
reveals
that
the
composition
of
the
JBC
reflects
the
Commissions
desire
to
have
in
the
Council
a
representation
for
the
major
elements
of
the
community.
xxx
The
ex-officio
members
of
the
Council
consist
of
representatives
from
the
three
main
branches
of
government
while
the
regular
members
are
composed
of
various
stakeholders
in
the
judiciary.
The
unmistakeable
tenor
of
Article
VIII,
Section
8(1)
was
to
treat
each
ex-officio
member
as
representing
one
co-equal
branch
of
government.
xxx
Thus,
the
JBC
was
designed
to
have
seven
voting
members
with
the
three
ex-officio
members
having
equal
say
in
the
choice
of
judicial
nominees.
xxx
No
parallelism
can
be
drawn
between
the
representative
of
Congress
in
the
JBC
and
the
exercise
by
Congress
of
its
legislative
powers
under
Article
VI
and
constituent
powers
under
Article
XVII
of
the
Constitution.
Congress,
in
relation
to
the
executive
and
judicial
branches
of
government,
is
constitutionally
treated
as
another
coequal
branch
of
in
the
matter
of
its
representative
in
the
JBC.
On
the
other
hand,
the
exercise
of
legislative
and
constituent
powers
requires
the
Senate
and
House
of
Representatives
to
coordinate
and
act
as
distinct
bodies
in
furtherance
of
Congress
role
under
our
constitutional
scheme.
While
the
latter
justifies
and,
in
fact,
necessitates
the
separateness
of
the
two
houses
of
Congress
as
they
relate
inter
se,
no
such
dichotomy
need
be
made
when
Congress
interacts
with
the
other
two
co-equal
branches
of
government.
It
is
more
in
keeping
with
the
co-equal
nature
of
the
three
governmental
branches
to
assign
the
same
weight
to
considerations
that
any
of
its
representatives
may
have
regarding
aspiring
nominees
to
the
judiciary.
The
representatives
of
the
Senate
and
the
House
of
Representatives
act
as
such
for
one
branch
and
should
not
have
any
more
quantitative
influence
as
the
other
branches
in
the
exercise
of
prerogatives
evenly
bestowed
upon
the
three.
Sound
reason
and
principle
of
equality
among
the
three
[44]
[45]
[46]
[48]
[49]
[50]
[51]
[52]
[53]
[54]
people
who
run
it.
Hence,
any
act
of
the
government
or
of
a
public
official
or
employee
which
is
contrary
to
the
Constitution
is
illegal,
null
and
void.
As
to
the
effect
of
the
Courts
finding
that
the
current
composition
of
the
JBC
is
unconstitutional,
it
bears
mentioning
that
as
a
general
rule,
an
unconstitutional
act
is
not
a
law;
it
confers
no
rights;
it
imposes
no
duties;
it
affords
no
protection;
it
creates
no
office;
it
is
inoperative
as
if
it
has
not
been
passed
at
all.
This
rule,
however,
is
not
absolute.
In
the
interest
of
fair
play
under
the
doctrine
of
operative
facts,
actions
previous
to
the
declaration
of
unconstitutionality
are
legally
recognized.
They
are
not
nullified.
In
Planters
Products,
Inc.
v.
Fertiphil
Corporation,
the
Court
explained:
The
doctrine
of
operative
fact,
as
an
exception
to
the
general
rule,
only
applies
as
a
matter
of
equity
and
fair
play.
It
nullifies
the
effects
of
an
unconstitutional
law
by
recognizing
that
the
existence
of
a
statute
prior
to
a
determination
of
unconstitutionality
is
an
operative
fact
and
may
have
consequences
which
cannot
always
be
ignored.
The
past
cannot
always
be
erased
by
a
new
judicial
declaration.
The
doctrine
is
applicable
when
a
declaration
of
unconstitutionality
will
impose
an
undue
burden
on
those
who
have
relied
on
the
invalid
law.
Thus,
it
was
applied
to
a
criminal
case
when
a
declaration
of
unconstitutionality
would
put
the
accused
in
double
jeopardy
or
would
put
in
limbo
the
acts
done
by
a
municipality
in
reliance
upon
a
law
creating
it.
Considering
the
circumstances,
the
Court
finds
the
exception
applicable
in
this
case
and
holds
that
notwithstanding
its
finding
of
unconstitutionality
in
the
current
composition
of
the
JBC,
all
its
prior
official
actions
are
nonetheless
valid.
At
this
point,
the
Court
takes
the
initiative
to
clarify
that
it
is
not
in
a
position
to
determine
as
to
who
should
remain
as
the
sole
representative
of
Congress
in
the
JBC.
This
is
a
matter
beyond
the
province
of
the
Court
and
is
best
left
to
the
determination
of
Congress.
Finally,
while
the
Court
finds
wisdom
in
respondents'
contention
that
both
the
Senate
and
the
House
of
Representatives
should
be
equally
represented
in
the
JBC,
the
Court
is
not
in
a
position
to
stamp
its
imprimatur
on
such
a
construction
at
the
risk
of
expanding
the
meaning
of
the
Constitution
as
currently
worded.
Needless
to
state,
the
remedy
lies
in
the
amendment
of
this
constitutional
provision.
The
courts
merely
give
effect
to
the
lawgiver's
intent.
The
solemn
power
and
duty
of
the
Court
to
interpret
and
apply
the
law
does
not
include
the
power
to
correct,
by
reading
into
the
law
what
is
not
written
therein.
WHEREFORE,
the
petition
is
GRANTED.
The
current
numerical
composition
of
the
Judicial
and
Bar
Council
IS
declared
UNCONSTITUTIONAL.
The
Judicial
and
Bar
Council
is
hereby
enjoined
to
reconstitute
itself
so
that
only
one
(
1)
member
of
Congress
will
sit
as
a
representative
in
its
proceedings,
in
accordance
with
Section
8(
1
),
Article
VIII
of
the
1987
Constitution.
This
disposition
is
immediately
executory.
SO
ORDERED.
[55]
[56]
[57]