The Philippine Online Chronicles

The Supreme Court (SC) ruled on Wednesday that President Gloria Macapagal Arroyo could appoint a replacement for outgoing Chief Justice Reynato Puno despite the ongoing 60-day ban on appointments before the May 10 elections.

Nine SC justices voted in favor of allowing the president to appoint the next chief justice. They were: Lucas Bersamin, Jose Perez, Roberto Abad, Martin Villarama, Teresita Castro, Arturo Brion, Jose Mendoza, Mariano del Castillo and Diosdado Peralta.

Only Judge Conchita Carpio-Morales dissented.

Three other magistrates, Antonio Carpio, Renato Corona and Chief Justice Puno abstained from voting, while Associate Justices Antonio Eduardo Nachura and Presbitero Velasco voted to dismiss all petitions filed for and against the president's appointment, citing the case as “premature.”

The High Court decision allows Arroyo to appoint Puno's successor as chief justice, as well as fill other vacant positions in the judiciary until her term ends on June 30. The justices have also ordered the Judicial and Bar Council (JBC) to submit a shortlist of nominees to the president.

Puno is set to retire on May 17 upon reaching the mandatory retirement age of 70.

Section 15, Article VII of the Constitution prohibits the president from making any appointments starting two months before the elections and until the end of her term.

A group of constitutionalists – the Philippine Constitution Association (Philconsa), however, said the election ban covers only appointments made in the executive, not the judiciary branch of the government.

“To apply Section 15, Article VII in the appointments to the judiciary would be a subtle, insidious sabotage of the designed autonomy/ independence of the judiciary. The objective would be illusory as the process of appointments to the judiciary would be politically tainted,” Philconsa said in a resolution.

---

Add this page to your favorite Social Bookmarking websites