Sunday, July 22, 2012

JBC composition; how to interpret the letter and spirit of the Constitution - sc.judiciary.gov.ph/jurisprudence/2012/july2012/202242.pdf

sc.judiciary.gov.ph/jurisprudence/2012/july2012/202242.pdf

"x x x.


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 VI I I of the 1987 Constitution.

This disposition is immediately executory.

SO ORDERED.

x x x."