Case Digest: Villanueva vs JBC

ISSUE:  Whether or not the policy of Judicial Bar Council  requiring five years of service as judges of first-level courts before they can qualify as applicant to second-level courts is constitutional 

FACTS:  Petitioner applied for a position as a judge in a second level court but JBC did not include his name in the list of applicants since he failed to qualify. This is because the JBC put priority to incumbent judges who served their position for at least five years and petitioner here only served as judged for more than a year. The petitioner assailed, inter alia, the authority of the JBC to add another qualification (5-year-qualitification) because thesaid qualification was already prescribed 

DECISION:  Yes 

RATIO DECIDENDI:  The said added 5-year-qualification being assailed by the petitioner is constitutional since as stated in the Sect. 8 (5), Art.VIII, the JBC is mandated to recommend appointees to the judiciary. Consequently, it was also stated in the said provision thatonly the persons nominated by the JBC is transmitted to the president that will choose whom to nominate as judge in the judiciary.