The Judicial and Bar Council (JBC) has shortlisted the three most senior magistrates of the Supreme Court (SC) for President Rodrigo Duterte to choose from as the next Chief Justice.

The shortlist only has Associate Justices Teresita Leonardo-De Castro, Diosdado Peralta and Lucas Bersamin on it, Justice Secretary Menardo Guevarra, an ex-officio JBC member, said.

The JBC virtually disregarded the impeachment complaint filed against the three by opposition lawmakers that was apparently meant only to derail the nomination process.

The three, along with Justices Francis Jardeleza, Noel Tijam, Andres Reyes Jr. and Alexander Gesmundo, are facing impeachment complaint filed by opposition lawmakers led by Albay Rep. Edcel Lagman.

Senate President Vicente Sotto III, however, expressed doubts whether the impeachment complaint filed against the seven SC justices who voted to oust former Chief Justice Maria Lourdes Sereno would reach the Upper Chamber.

“I doubt it,” Sotto said yesterday when asked if he sees the complaint reaching the Senate.

Speaker Gloria Macapagal Arroyo also vowed to transmit the impeachment complaint to the Rules Committee of the House of Representatives.

Arroyo said the House will expedite the process to avoid distraction from their legislative agenda.

“The Rules Committee can have it read out on Tuesday because the most important thing is to expedite it one way or another so that it does not really disturb the legislative agenda,” Arroyo said.

Arroyo added she wanted the impeachment complaints to be included in the House’s order of business next Tuesday.

“I checked with the Secretary General (Roberto Maling) this morning on my way here. He has already transmitted the impeachment charge to my office and then they will send me the transmittal for my signature later here in Pampanga so that I can transmit it also today to the Rules Committee,” she said. “So that the Rules Committee can have it read out on Tuesday.”

Malacañang also believed the impeachment complaint against the SC justices was bound to be dismissed for lack of merit.

“We believe that the complaint has no merit and we expect it to be trashed immediately by the Justice Committee,” said presidential spokesman Harry Roque in a radio interview.

Guevarra said the six-member JBC endorsed the names of De Castro, Peralta and Bersamin despite the impeachment complaint.

De Castro and Peralta earned six votes each while Bersamin got five.

The names of those who were shortlisted by the JBC panel have been submitted to President Rodrigo Duterte who will appoint the next chief justice.

SC spokesman Theodore Te confirmed this to reporters yesterday.

The two other applicants who did not make the JBC shortlist are Reyes and Tagum City Judge Virginia Tehano-Ang.

Guevarra said Tejano-Ang was disqualified because of an adverse finding and recommendation in her administrative case.

The SC top post was vacated last May after eight justices voted in favor of the quo warranto petition filed against Sereno by Solicitor General Jose Calida.

The opposition lawmakers’ motivation to derail the SC nomination process became apparent after Lagman called for the reopening of the nomination process after they filed the impeachment complaint.

“Under the revised rules of the JBC, pending criminal and/or administrative case will bar or disqualify an applicant for a position in the judiciary,” Lagman said.

“An impeachment complaint is even more serious than an administrative case that is why it should also bar the nomination or appointment of these justices to the vacant position of chief justice,” he added.

But Guevarra said the complaint did not disqualify the magistrates because it has not matured into an impeachment case.

“Mere filing of the impeachment complaint is not enough to disqualify. It is not yet considered an impeachment case, until it is affirmatively acted upon by the appropriate House Committee,” Guevarra said.

Based on the impeachment process, the complaints should be referred to the House Committee on Justice within three session days.