SC: GMA can appoint
Puno successor

By JEFFREY SALONGA
Malacañang Correspondent

MANILA – The Supreme Court ruled that President Gloria Macapagal-Arroyo can appoint within a period of two months before her presidential term ends a successor to Chief Justice Reynato Puno who will retire on May 17.

The nine Justices who voted in favor of allowing Arroyo to appoint a new Chief Justice were Lucas Bersamin, Jose Perez, Roberto Abad, Martin Villarama, Teresita Leonardo de Castro, Arturo Brion, Jose Mendoza, Mariano del Castillo and Diosdado Peralta.

Those who inhibited themselves from voting were Puno, Antonio Carpio and Renato Corona, with the last two deemed to be the strongest contenders for the Supreme Court’s top post.
Associate Justice Conchita Carpio Morales gave the lone vote of dissent.

Justices Eduardo Nachura and Presbitero Velasco Jr. said the case was premature.

According to the majority of the justices, Article VIII of the Constitution, which applies to the judiciary, does not mention any ban on appointments during the election period.

Malacañang welcomed the ruling, describing it as a “victory of the Constitution and the Filipino people.”

Once the ruling becomes final and executory, Presidential Spokesman Ricardo Saludo said, the President will make the appropriate action.

For his part, Deputy Presidential Spokesman Gary Olivar called on the Judicial and Bar Council to submit a shortlist of nominees to Arroyo at the soonest time possible.

But the petitioners are expected to file a motion for reconsideration. They are the Philippine Bar Association, the Integrated Bar of the Philippines, the National Union of Philippine Lawyers and party-list group Akbayan.

They have been arguing that Section 15 of Article VII of the 1987 Constitution “prohibits the incumbent President from making appointments two months before an election and until his or term expires.”

ALARMED
One of Arroyo’s harshest critics, Sen. Mar Roxas, sounded alarm at the Supreme Court decision.

“It scares many of our people that even on a very crucial issue of constitutionality and decency in government, the Justices of our Supreme Court would bow to the mighty powers of this President who has bent the rules and even our Constitution to suit her whims. It sends a chill into our people’s hearts that a scenario of a failure of election could really happen, especially now with automation of the elections under question by many sectors and experts.”

According to Roxas, the prohibition on appointments during the election period was designed to ensure that a sitting President will not influence the elections.

“The prohibition imposed on an outgoing President to name the head of constitutional bodies, especially a body as sensitive as the Supreme Court, was put in place precisely to guard against the kind of abuse being exhibited now, especially in this case where it can be used to protect Mrs. Arroyo if she ever leaves office in June 30 because of her Administration’s involvement in numerous irregularities,” Roxas said./PN