Ex-IBP presidents slam Arroyo's CJ 'midnight appointment'

Past presidents of the Integrated Bar of the Philippines (IBP) warned Malacañang against making a purported “midnight appointment” of a new Supreme Court chief justice, saying that such a move is unconstitutional.

In an official statement published in Metro Manila broadsheets on Wednesday, former IBP heads scored President Gloria Macapagal Arroyo and her allies for “trying to circumvent the ban on midnight appointments” by purportedly seeking to appoint a replacement for outgoing Chief Justice Reynato Puno.

The statement was signed by past IBP presidents Raoul Angangco (1995 to 1997), Jose Aguila Grapilon (1997 to 1999), Arthur Lim (1999 to 2001), Teofilo Pilando (2001 to 2002) and Feliciano Bautista (2007 to 2009).

The group cited Section 261 of the Omnibus Election Code which prohibits the “appointment of new employees” during the period before the elections. It states:

“During a period of forty-five days [approximately 1.5 months] before a regular election... any head, official or appointing officer of a government office, agency or instrumentality, whether national or local, including gvernment-owned or controlled corporations, who appoints or hires a new employee, whether provisional, temporary or casual, or creates or fills a new position, except upon prior authority of the Commission [on Elections]. The Commission shall not grant the authority sought unless, it is satisfied that the position to be filled is essential to the proper functioning of the office or agency concerned, and that the position shall not be filled in a manner that may influence the election.”

In addition, Section 264 of the Omnibus Election Code provides that “[a]ny person found guilty of any election offense under this Code shall be punished with imprisonment of no less than one year, but no more than six years and shall be subject to probation,” in which the offender will be perpetually barred from holding any government post and will not be allowed to vote.

The offender may also face imprisonment of up to 10 years and a forfeiture of any “prohibited interests and unexplained wealth.”

Also, Art. VII, Section 15 of the Constitution prohibits an incumbent president from making appointments two months prior to the elections. Puno is set to retire on May 17, which falls within the two-month period.

The group also maintained that an appointment should only be made when there is already a vacancy.

According to Atty. Rita Linda Jimeno in her article, 'Midnight appointments,' “Any appointments made by President Arroyo” prior to the vacancy of Chief Justice Puno's post will be considered 'void ab initio' and will have no force and effect."

Arroyo ready for lawsuits

Despite criticism, President Arroyo said she will appoint the next chief justice even if it would cost her lawsuits and a lower popularity rating.

The JBC has considered five nominees for the chief justice post. They are: Associate Justices Antonio Carpio, Conchita Carpio-Morales, Renato Corona, Eduardo Nachura and Presbiterio Velasco Jr.

Talk is rife that Arroyo would pick perceived ally Corona, instead of Carpio who is the most senior associate justice.

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