Consideration of experience by JBC as one factor in choosing
recommended appointees does not constitute a violation of the equal
protection clause. The JBC does not discriminate when it employs number
of years of service to screen and differentiate applicants from the
competition. The number of years of service provides a relevant basis to
determine proven competence which may be measured by experience,
among other factors.
xxxx
Nevertheless, the assailed JBC policy requiring five years of service as judges of first-level courts before they can qualify as applicants to second-level courts should have been published. As a general rule, publication is indispensable in order that all statutes, including administrative rules that are intended to enforce or implement existing laws, attain binding force and effect. There are, however, several exceptions to the requirement of publication, such as interpretative regulations and those merely internal in nature, which regulate only the personnel of the administrative agency and not the public. Neither is publication required of the so-called letters of instructions issued by administrative superiors concerning the rules or guidelines to be followed by their subordinates in the performance of their duties.29
xxxx
Nevertheless, the assailed JBC policy requiring five years of service as judges of first-level courts before they can qualify as applicants to second-level courts should have been published. As a general rule, publication is indispensable in order that all statutes, including administrative rules that are intended to enforce or implement existing laws, attain binding force and effect. There are, however, several exceptions to the requirement of publication, such as interpretative regulations and those merely internal in nature, which regulate only the personnel of the administrative agency and not the public. Neither is publication required of the so-called letters of instructions issued by administrative superiors concerning the rules or guidelines to be followed by their subordinates in the performance of their duties.29
No comments:
Post a Comment