Villanueva vs. JBC, G.R. No. 211833, Apr.

07, 2015

Is the policy of the JBC requiring five years of service as judges of first-level
courts before they can qualify as applicant to second-level courts
constitutional?
Yes. 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.
Persons with this qualification are neither automatically selected nor do they
automatically become nominees. The applicants are chosen based on an
array of factors and are evaluated based on their individual merits. Thus, it
cannot be said that the questioned policy was arbitrary, capricious, or made
without any basis.