Pulupandan Mayor Magdaleno Peña said yesterday he has written the Judicial and Bar Council and the office of the Executive Secretary to supplement his opposition to the appointment of Justice Antonio Carpio to the position of Chief Justice.

He had earlier furnished both offices his letter of opposition to the appointment of Carpio along with his Motion for Reconsideration to an Administrative Complaint against Carpio that is still pending.

JBC Member Jose Mejia, in an interview, said the administrative case against Carpio is not a disqualification for his inclusion in the JBC list for the position of Chief Justice, Peña said.

With all due respect, Peña said, Mejia is misplaced in his conclusion,

He said it is an elementary rule in law that a decision/resolution does not become final if a Motion for Reconsideration has been timely filed and still pending/unresolved. In fact, an entry of judgment has not even been issued/entered in the said Admin Case. Therefore, the Admin Case is still pending, he also said.

“For Mr. Mejia to state that a Motion for Reconsideration is merely incidental or of no consequence clearly shows the bias of Mejia (and possibly the other members of the JBC), especially in relation to other JBC nominees who they openly declared disqualified,” he added.

With all due respect, he said, Carpio is disqualified from being appointed as Chief Justice and clearly the JBC is not following its own rules in selecting nominees for Chief Justice.*

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