By Rey E. Requejo

The Judicial and Bar Council will submit to President Arroyo a shortlist of four nominees aspiring for a seat in the Supreme Court vacated by Associate Justice Adolfo Azcuna who reached his compulsory retirement last Feb. 16.

The eight-member council headed by Chief Justice Reynato Puno finalized yesterday its shortlist of nominees composed of Court of Appeals Associate Justice Lucas Bersamin who got 8 votes, followed by CA Associate Justice Martin Villarama Jr. with 7 votes. CA Associate Justice Hakim Abdulwahid and Sandiganbayan Justice Francisco Villaruz tied for third spot with five votes each. Under the 1987 Constitution, the President has 90 days from date of Justice Azcuna?s compulsory retirement to fill up the vacancy.

Justice Secretary Raul Gonzalez, an ex-officio member of JBC, said Bersamin, chairman of the CA?s 15th Division, got the nod of all the eight members of the council during its deliberation yesterday.

The 59-year-old Bersamin served as trial court judge from November 1986 to March 2003 prior to his appointment as CA justice.

Recommended for the post by his fellow CA Associate Justice Monina Arevalo-Zenarosa, Bersamin was recipient of double recognition for writing the best decision in Civil Law and the best decision in Criminal Law in 2000 from the Chief Justice Fred Ruiz Castro Memorabilia Commission, in conjunction with the Foundation for Judicial Excellence.

Bersamin was also awarded the outstanding RTC judge in 2002 from the Foundation of Judicial Excellence.

Zenarosa said such accomplishments make him deserving to be appointed in the 15-member high tribunal.

Villaruz is one of three justices of the Sandiganbayan who convicted deposed President Joseph Estrada of plunder.

But Gonzalez said that Abdulwahid could be considered as a ?dark horse? in the race for the high court seat considering his qualifications.

?The fact that this Muslim got five votes... as far as the JBC is concerned they must have studied him,? the Justice secretary added.

Abdulwahid, 63, was a graduate of the University of the Philippines and passed the Bar examinations in 1972 with an average of 80.55 percent.

He served as trial judge and presiding judge of the RTC Zamboanga City and pairing judge of Branch 13, a special court for drug cases.

The SC also assigned him as assisting judge of RTC Basilan and served for five years as acting presiding judge of RTC Tawi-Tawi. In 2003, he was appointed by President Arroyo as an appellate court justice.

He is considered as the most senior Muslim jurist in the judiciary today.

Abdulwahid?s nomination to the high court is supported by House Deputy Speaker Simeon Datumanong and several other congressmen from Mindanao.

The Bishops Ulama Conference led by Davao Archbishop Fernando Capalla, Bishop Hilario Gomez Jr., and Dr. Hamid Barra, representing the Ulama League of the Philippines also backed Abdulwahid?s candidacy to replace Azcuna.

The Muslim leaders reminded the JBC of the policy under the Tripoli Agreement, GRP-MNLF Peace Agreement of 1996 and R.A. 9054, to accord qualified Muslims of equal opportunity to serve in key government positions, such as one justice in the SC and two CA justices.

The JBC Secretariat will forward the shortlist to Malaca?ang after completion of the documentation and attachments.

The JBC is a constitutional body which receives and screens nominations for all judicial posts, as well as nominations for Ombudsman and Deputy Ombudsman.

Apart from Puno and Gonzalez, the JBC is also composed of ex-officio members Senator Francis Joseph Escudero and Rep. Matias Defensor Jr. The regular JBC members are retired SC Justice Regino Hermosisima, Dean Amado Dimayuga Jr., Atty. J Conrado Castro, and retired CA Justice Aurora Lagman.