The Philippine Online Chronicles

Decisions on who will be the next Supreme Court (SC) Chief Justice were deferred on Monday by the Judicial and Bar Council (JBC), since the legality of the appointment at this time is still in question.

Lawyer Midas Marquez, SC spokesperson and deputy clerk of court, said that JBC seeks to assess the issues first before recommending anyone to be the successor of retiring Chief Justice Reynato Puno.

Puno is set to hang the robe on May 17, days after the implementation of the “appointment ban” mandated by the 1987 Constitution. Article VII, Sec. 15 prohibits either the President or an acting President making the appointment two months before the next presidential elections, or until the end of his or her term.

However, President Gloria Macapagal-Arroyo was reported to be determined to make her final appointment to SC before her term expires on June 30, despite the prohibition.

Deputy Presidential Spokesperson Gary Olivar said on Tuesday that the only certainty is Arroyo's response to the requirement of the law and national interest.

“What's clear and what should be made clear is that the President will do what is required of her, not only by law, but by overriding national interest, and right now it's clear that this is in the national interest. . . It seems to me that acting in the national interest would require that she make the proper action as far as recommending the next Chief Justice,” Philippine Star quoted Olivar saying.

According to Arroyo's election lawyer Romulo Macalintal, the President bears the responsibility of appointing Puno's successor as the country cannot have any vacancies in the judiciary. He consequently urged JBC to immediately submit the shortlist and brush off moves that are “politically loaded and politically motivated.”

Senate President Juan Ponce Enrile suggested that Arroyo still has the privilege to appoint the next chief justice, but it is a matter of interpretation. He said that Arroyo's appointment is an exercise of power to protect national interest and that she can fill the vacancy from any of the 14 remaining justices even without any recommendation from JBC. But Enrile clarified that the appointment can only be made upon Puno's retirement.

Meanwhile, Senate representative to JBC Sen. Francis Escudero advised the council to set aside any other political considerations.

“Our decision should have nothing to do with President Arroyo. . . My decision will be based on what is constitutional, legal and fair. I would like to believe that the other member of the JBC would also decide along these lines,” Escudero said.

Puno was appointed in 1993 by former president Fidel Ramos, making him the only non-Arroyo appointee among the 15 SC magistrates.

On December 22, Quezon City Rep. Matias Defensor addressed a letter to JBC proposing that Arroyo appoint a Chief Justice-in-waiting before Puno steps down and the two-month appointment ban begins.

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