CASE FACTS ISSUES RULING

The petitioner was appointed on September 18, The Court considers it necessary to first determine whether or not the action for certiorari, prohibition and mandamus,
2012 as the Presiding Judge of the Municipal and declaratory relief commenced by the petitioner was proper.
Circuit Trial Court, Compostela-New Bataan,
Poblacion, Compostela Valley Province, Region The remedies of certiorari and prohibition are tenable. "The present Rules of Court uses two special civil actions for
XI, which is a first-level court. determining and correcting grave abuse of discretion amounting to lack or excess of jurisdiction.
Topic:
Adoption and On September 27, 2013, he applied for the The remedy of mandamus cannot be availed of by the petitioner in assailing JBC's policy. The petitioner
Effectivity of vacant position of Presiding Judge in the insisted that mandamus is proper because his right was violated when he was not included in the list of
the Present following Regional Trial Courts (RTCs): Branch candidates for the RTC courts he applied for. He said that... his non-inclusion in the list of candidates for
Constitution:
31, Tagum City; Branch 13, Davao City; and W O N the policy these stations has caused him direct injury.
Compare with of JBC requiring
the Effectivity Branch 6, Prosperidad, Agusan Del Sur
five years of The petition for declaratory relief is improper. "An action for declaratory relief should be filed by a person interested
of Laws service as judges under a deed, a will, a contract or other written instrument, and whose rights are affected by a statute, an executive
In a letter [2] dated December 18, 2013, JBC's of first-level order, a regulation or... an ordinance. The relief sought under this remedy includes the interpretation and determination
Office of Recruitment, Selection and Nomination, courts before of the validity of the written instrument and the judicial declaration of the parties' rights or duties thereunder."
informed the petitioner that he was not included they can qualify
in the list of candidates for the said stations. On as applicant to In this case, the petition for declaratory relief did not involve an unsound policy. Rather, the petition
the same date, the petitioner sent a letter, second-level
specifically sought a judicial declaration that the petitioner has the right to be included in the list of applicants
through electronic mail, seeking reconsideration courts is
constitutional. although he failed to meet JBC's five-year requirement... policy. Again, the Court reiterates that no person
of his non-inclusion in the list of considered
possesses a legal right under the Constitution to be included in the list of nominees for vacant judicial
Villanueva applicants and protesting the inclusion of
positions. The opportunity of appointment to judicial office is a mere privilege, and not a judicially
applicants who did not pass the prejudicature
enforceable right... that may be properly claimed by any person. The inclusion in the list of candidates, which
examination.
vs. is one of the incidents of such appointment, is not a right either. Thus, the petitioner cannot claim any right
that could have been affected by the assailed policy.
The petitioner was informed by the JBC
Executive Officer, through a letter [3] dated Therefore, by virtue of the Court's supervisory duty over the JBC and in the exercise of its expanded judicial power, the
JBC February 3, 2014, that his protest and Court assumes jurisdiction over the present petition. But in any event, even if the Court will set aside procedural
reconsideration was duly noted by the JBC en infirmities, the instant petition should... still be dismissed.
G.R. No. banc. However, its decision not to include his
name in the list of applicants was upheld due to As an offspring of the 1987 Constitution, the JBC is mandated to recommend appointees to the judiciary and only
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the JBC's long-standing policy of opening the those nominated by the JBC in a list officially transmitted to the President may be appointed by the latter as justice or
chance for promotion to second-level courts to, judge in the judiciary.
among others, incumbent judges who have
April 7, 2015 served in their current position for at least five JBC's ultimate goal is to recommend nominees and not simply to fill up judicial vacancies in order to promote an
years, and since the petitioner has been a judge effective and efficient administration of justice. Given this pragmatic situation, the JBC had to establish a set of uniform
only for more than a year, he was excluded from criteria in order to ascertain whether an applicant meets the minimum constitutional qualifications and possesses the
the list. This caused the petitioner to take qualities expected of him and his office. Thus, the adoption of the five-year requirement policy applied by JBC to the
recourse to this Court. petitioner's case is necessary and incidental to the function conferred by the Constitution to the JBC.