We are now going to look at how candidates for the position of justices and chief justices are nominates.
It will all start when a vacancy opens
The Constitution provides that a vacancy for the positions of Chief Justice, Associate Justice, Ombudsman, Deputy Ombudsman, and judges of other courts must be filled within 90 days (by virtue of Article VIII, Sec. 4 of the Constitution and Rule 1, Sec. 1 of the Rules of the JBC). As soon as a vacancy opens in the Supreme Court and the Office of the Ombudsman, the position is ipso facto open to applications. The JBC convenes The JBC convenes and prescribes specific dates for deadlines for the filing of nominations and the form in which applications should be submitted. They then send out a call for applicants or recommendations. In such cases wherein the retirement of a Chief Justice is anticipated, the JBC convenes months in advance to anticipate the upcoming retirement of Justices and submits its list before the date of retirement. Applications/recommendations are filed Applicants may file applications themselves or be recommended by other persons. Applications must be filed personally or by registered mail sent to the Secretariat of the Council. A recommended applicant must manifest acceptance either in the recommendation paper itself or in a separate document. His or her acceptance must be filed before the deadline set by the Council. A list of applicants is published A long list of candidates shall be published in a Philippine newspaper of general circulation and in a newspaper of local circulation in the province or city where the vacancy is located. Copies of the list shall likewise be posted on three conspicuous places in the said area. Copies thereof shall be furnished to major nongovernmental organizations in the city or municipality where such vacancy is located, including the Integrated Bar of the Philippines and its corresponding local chapter. The long list shall contain an invitation to the public to inform the Council, within ten days, of any complaint or derogatory information against the applicants. The Council may choose to direct a discreet background check on the applicant or require the nominee to comment in writing or during the interview.{{2}} Applicants are screened by the JBC Applicants and recommendees shall be screened based on set qualifications from the 1987 Constitution (a member of the Judiciary must be a citizen of the Philippines, a member of the Philippine Bar, and a person of proven competence, integrity, probity, and independence) as well as by office-specific qualifications set by the rules of the JBC (see sidebar).
They shall also be evaluated according to competence, integrity, probity and independence, sound physical, mental and emotional condition Public interviews are held The JBC will prepare a short list of candidates they wish to interview. The Council, en banc or any authorized set of members of the Council, shall interview the candidates to observe their personality, demeanor, deportment, and physical condition; assess their ability to express themselves, especially in the language of the law in court trials/proceedings and in their decisions or rulings; test their mastery of the law and legal principles; inquire into their philosophies, values, etc.; determine their probity and independence of mind; and evaluate their readiness and commitment to assume and fulfill the duties and responsibilities of judgeship. Only the members of the JBC may ask questions during the interview.
Although media accessibility will be subject to the rules promulgated by the Council, these interviews shall be conducted in public. For this purpose, the schedule of the interviews shall be published in local- and general-circulation publications. The reports on the personal interviews, however, are declared strictly confidential documents upon submission to the Secretary of Council and shall only be made available to the members of the JBC.
The JBC votes on the list of nominees A list of candidates that passed the screening process is submitted to the members of the JBC for their final voting and approval. The JBC shall again meet in executive session for the final deliberation. A majority of the members must approve of a candidate in order for his or her name to be included in the final list of nominees that will be submitted to the President. A list of nominees usually consists of five to six names.
The President appoints someone from the list The President may appoint anyone included in the list of the JBC with no need of confirmation by Congress.