Saturday, October 28, 2017

CASE DIGEST : FERDINAND R. VILLANUEVA VS JUDICIAL AND BAR COUNCIL

G.R. No. 211833, April 07, 2015
FERDINAND R. VILLANUEVA, PRESIDING JUDGE, MCTC, COMPOSTELA-NEW BATAAN, COMPOSTELA VALLEY PROVINCE, Petitionerv. JUDICIAL AND BAR COUNCILRespondent.

FACTS : The petitioner was appointed on September 18, 2012 as the Presiding Judge of the Municipal Circuit Trial Court, Compostela-New Bataan, Poblacion, Compostela Valley Province, Region XI, which is a first-level court. On September 27, 2013, he applied for the vacant position of Presiding Judge in the following Regional Trial Courts (RTCs): Branch 31, Tagum City; Branch 13, Davao City; and Branch 6, Prosperidad, Agusan Del Sur In a letter2 dated December 18, 2013, JBC's Office of Recruitment, Selection and Nomination, informed the petitioner that he was not included in the list of candidates for the said stations. On the same date, the petitioner sent a letter, through electronic mail, seeking reconsideration of his non-inclusion in the list of considered applicants and protesting the inclusion of applicants who did not pass the prejudicature examination. The petitioner was informed by the JBC Executive Officer, through a letter3 dated February 3, 2014, that his protest and reconsideration was duly noted by the JBC en banc. However, its decision not to include his name in the list of applicants was upheld due to the JBC's long-standing policy of opening the chance for promotion to second-level courts to, among others, incumbent judges who have served in their current position for at least five years, and since the petitioner has been a judge only for more than a year, he was excluded from the list. This caused the petitioner to take recourse to this Court

ISSUE : WON  the writ of certiorari and prohibition cannot issue to prevent the JBC from performing its principal function under the Constitution to recommend appointees to the Judiciary because the JBC is not a tribunal exercising judicial or quasi-judicial function

HELD : The remedies of certiorari and prohibition are tenable. "The present Rules of Court uses two special civil actions for determining and correcting grave abuse of discretion amounting to lack or excess of jurisdiction.

In this case, it is clear that the JBC does not fall within the scope of a tribunal, board, or officer exercising judicial or quasi-judicial functions. In the process of selecting and screening applicants, the JBC neither acted in any judicial or quasi-judicial capacity nor assumed unto itself any performance of judicial or quasi-judicial prerogative. However, since the formulation of guidelines and criteria, including the policy that the petitioner now assails, is necessary and incidental to the exercise of the JBC's constitutional mandate, a determination must be made on whether the JBC has acted with grave abuse of discretion amounting to lack or excess of jurisdiction in issuing and enforcing the said policy.

Besides, the Court can appropriately take cognizance of this case by virtue of the Court's power of supervision over the JBC. Jurisprudence provides that the power of supervision is the power of oversight, or the authority to see that subordinate officers perform their duties.

Following this definition, the supervisory authority of the Court over the JBC is to see to it that the JBC complies with its own rules and procedures. Thus, when the policies of the JBC are being attacked, then the Court, through its supervisory authority over the JBC, has the duty to inquire about the matter and ensure that the JBC complies with its own rules

The remedy of mandamus cannot be availed of by the petitioner in assailing JBC's policy. It is essential to the issuance of a writ of mandamus that the applicant should have a clear legal right to the thing demanded and it must be the imperative duty of the respondent to perform the act required. The remedy of mandamus, as an extraordinary writ, lies only to compel an officer to perform a ministerial duty, not a discretionary one.14 Clearly, the use of discretion and the performance of a ministerial act are mutually exclusive. Clearly, to be included as an applicant to second-level judge is not properly compellable by mandamus inasmuch as it involves the exercise of sound discretion by the JBC

The petition for declaratory relief is improper. "An action for declaratory relief should be filed by a person interested under a deed, a will, a contract or other written instrument, and whose rights are affected by a statute, an executive order, a regulation or an ordinance. The relief sought under this remedy includes the interpretation and determination of the validity of the written instrument and the judicial declaration of the parties' rights or duties thereunder."

In this case, the petition for declaratory relief did not involve an unsound policy. Rather, the petition specifically sought a judicial declaration that the petitioner has the right to be included in the list of applicants although he failed to meet JBC's five-year requirement policy. Again, the Court reiterates that no person possesses a legal right under the Constitution to be included in the list of nominees for vacant judicial positions. The opportunity of appointment to judicial office is a mere privilege, and not a judicially enforceable right that may be properly claimed by any person

Furthermore, the instant petition must necessarily fail because this Court does not have original jurisdiction over a petition for declaratory relief even if only questions of law are involved.18 The special civil action of declaratory relief falls under the exclusive jurisdiction of the appropriate RTC pursuant to Section 1919 of Batas Pambansa Blg. 129, as amended by R.A.No. 7691


Therefore, by virtue of the Court's supervisory duty over the JBC and in the exercise of its expanded judicial power, the Court assumes jurisdiction over the present petition. But in any event, even if the Court will set aside procedural infirmities

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