The Philippine Online Chronicles

Ateneo Law Dean Emeritus and 1986 Constitutional Convention member Joaquin Bernas said today that the recent controversy on the appointment of the next Supreme Court Chief Justice (CJ) might cause lawyers “to go to the streets if there will be an appointment.”

His recent statement adds to the growing opposition to the appointment of the next CJ, which asserts that Article VII, Section 15 of the 1987 Constitution prohibits appointments by the President “two months” before elections.

The constitutional expert also said in his blog that the start of nominations by the Judicial and Bar Council (JBC) last January 20 is "not necessary.”

“The JBC is duty bound to submit a list, but only when there is a vacancy, not necessarily sooner,” wrote Bernas.

He also stated that the opening of nominations by the JBC is limited only to preparing a list of nominees. “The JBC is not the Supreme Court,” Bernas emphasized.

However, former judge and Liberal Party senatoriable Franklin Drilon said in an Inquirer.net report that “the JBC should not submit its recommendation for the next chief justice” to Mrs. Arroyo.

"The Palace can justify the appointment by the JBC's submission of the list as being excluded from the appointment ban," said the former Senate President.

Bernas said that a CJ is not necessary in case of a vacancy come the retirement of current CJ Reynato Puno on May 17.

“Problems that can arise during the coming elections do not necessarily need a Chief Justice. (1) Administrative matters go to the Comelec first. (2) Contests in local elections go to local courts first or to the Commission on Elections (Comelec). (3) Contests in congressional elections go to the Senate or House Electoral Tribunals where a Chief Justice does not participate. (4) Presidential election contests go to the Supreme Court; but the Chief Justice is not the Supreme Court. At most his is only one vote out of fifteen. (5) The same can be said about appeals to the SC of election cases. The quorum of the Court en banc is only eight, not fifteen,” Bernas enumerated.

“My suspicion arising from all of this is that the rush to appoint a Chief Justice before the swearing in of a new President is being orchestrated... by forces in and around the Palace,” he concluded

Meanwhile, Supreme Court Clerk of Court and JBC ex-officio secretary Luisa Villarama announced that the deadline on the submission of nominees to the JBC is on February 4.

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