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Jardaleza v. Sereno
Jardaleza v. Sereno
Jardaleza v. Sereno
3. Having
secured
the
sufficient
number
of
votes,
it
was
ministerial
on
the
part
of
the
JBC
to
include
Jardeleza
in
the
subject
shortlist
pursuant
to
Section
1,
Rule
10
of
JBC-‐009.
4. The
unlawful
exclusion
of
the
petitioner
from
the
subject
shortlist
impairs
the
President’s
constitutional
power
to
appoint.
ISSUE
WHETHER
OR
NOT
THE
COURT
CAN
ASSUME
JURISDICTION
AND
GIVE
DUE
COURSE
TO
THE
SUBJECT
PETITION
FOR
CERTIORARI
AND
MANDAMUS
–
YES
RATIO
DECIDENDI
Yes,
the
Court
has
constitutional
bases
to
assume
jurisdiction
over
the
case.
I. THE
COURT’S
POWER
OF
SUPERVISION
OVER
THE
JBC
Section
8,
Article
VIII
of
the
1987
Constitution
provides
for
the
creation
of
the
JBC.
The
Court
was
given
supervisory
authority
over
it.
Based
on
this,
the
supervisory
authority
of
the
Court
over
the
JBC
covers
the
overseeing
of
compliance
with
its
rules.
In
this
case,
Jardeleza’s
principal
allegations
in
his
petition
merit
the
exercise
of
this
supervisory
authority.
WHEREFORE,
the
petition
is
GRANTED.
Accordingly,
it
is
hereby
declared
that
Solicitor
General
Francis
I-‐I.
Jardeleza
is
deemed
INCLUDED
in
the
shortlist
submitted
to
the
President
for
consideration
as
an
Associate
Justice
of
the
Supreme
Court
Vice
Associate
Justice
Roberto
A.
Abad.
The
Court
further
DIRECTS
that
the
Judicial
and
Bar
Council
REVIEW,
and
ADOPT,
rules
relevant
to
the
observance
of
due
process
in
its
proceedings,
particularly
JBC-‐009
and
JBC-‐010,
subject
to
the
approval
of
the
Court.
This Decision is immediately EXECUTORY. Immediately notify the Office of the President of this Decision.
SO ORDERED.