The judge who convicted an American soldier in the Subic rape case is included in the shortlist of nominees for the post of Associate Justice of the Court of Tax Appeals.
Makati City Regional Trial Court Judge Benjamin Pozon earned seven votes while candidates Lovell Bautista and Roman Del Rosario got eight votes each.
The vacancy at the CTA is due to the compulsory retirement of CTA Presiding Justice Ernesto Acosta, who will reach the mandatory retirement age of 70 on Dec. 21, 2012.
On Dec. 4, 2006, Pozon convicted Lance Corporal Daniel Smith for raping a Filipina.
In his ruling, Pozon said the victim was "severely intoxicated that night and was deprived of reason to consent to sex and incapable of sensing or fighting off danger."
The JBC also intended to fill up the vacancy at the Court of Appeals.
The CA narrowed down its short list of nominees, including Edward Contreras with seven votes, Ruben Reynaldo Roxas and Joselito Vibandor with six votes each while Makati City RTC Judge Sela Alaras, Jonel Sebastian Mercado and Edgar Santos garnered five votes each.
The JBC has submitted the names to President Benigno S. Aquino III who has 90 days within which to make the necessary appointment.
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