Supreme Court allows Arroyo to appoint next chief justice
President Gloria Macapagal-Arroyo can appoint the next chief justice, the Supreme Court said in a decision Wednesday, amid legal questions on whether the president can pick Justice Reynato Puno’s successor within a period of two months before her term ends.
In a special meeting, nine justices—Lucas Bersamin, Jose Perez, Roberto Abad, Martin Villarama, Teresita Leonardo de Castro, Arturo Brion, Jose Mendoza, Mariano del Castillo, and Diosdado Peralta—voted in favor of Mrs. Arroyo’s appointment of the next chief justice.
Only Associate Justice Conchita Carpio Morales gave a vote of dissent, while magistrates Eduardo Nachura and Presbitero Velasco Jr. said the case was premature.
Puno, Antonio Carpio, and Renato Corona inhibited themselves from voting. Carpio—the most senior magistrate—and Corona are the strongest contenders for the top judicial post.
Citizens’ groups and legal experts groups have expressed concern that Mrs. Arroyo would be able to tighten her hold on the high court if she is allowed to appoint the next chief justice before she bows out as President on June 30. All the current members of the high court, except Puno, were appointed by Mrs. Arroyo.
Section 15 Article VII of the 1987 Constitution prohibits the incumbent president from making appointments two months before an election and until his or term expires. Applied this year, the election ban started on March 10 and will last until the end of President Arroyo’s term on June 30.
Puno will retire on May 17, or seven days after the May 10 polls. The appointment of his successor has triggered legal and political debates, as it is the first time that the retirement of the chief justice falls on the period covered by Section 15, Article VII.
"According to the majority, that constitutional ban on appointments only covers appointments in the executive department," SC spokesman Midas Marquez said in an interview over ANC.
Instead, the justices invoked Article VIII of the Constitution, which applies to the judiciary and does not mention any ban on appointments during the election period, Marquez said.
Section 4 of Article VIII requires the President to appoint a chief justice within 90 days from the retirement of the chief justice.
The court’s decision on Wednesday was a response to separate petitions asking the high tribunal to prevent Mrs. Arroyo from appointing Puno’s replacement. The petitions were from the Philippine Bar Association, chapters of the Integrated Bar of the Philippines, the National Union of Philippine Lawyers and party-list group Akbayan.
Candidates for the post are Associate Justices Antonio Carpio, Conchita Carpio-Morales, Teresita Leonardo-De Castro, Arturo Brion and Sandiganbayan Justice Edilberto Sandoval.
Coco Martin
Henry Sy, Sr.