SC tells presidential wannabes: Focus on other issues
MANILA–The Supreme Court on Tuesday appealed to politicians, particularly those seeking the presidency to focus on other vital issues affecting the country instead of giving pronouncements on the issue of whether or not President Gloria Macapagal-Arroyo can still appoint the next Chief Justice of the Supreme Court.
At a press conference, SC spokesman Jose Midas Marquez said the legality of Arroyo’s appointment of the next chief justice before or during the ban on appointments would have to be decided by the Supreme Court if and when a proper case is filed before it.
“Whether or not the incumbent President can appoint, perhaps the best arbiter for that would be the Supreme Court upon filing of a proper case in the Court. So, I would suggest that let’s allow the process to proceed and let’s see if there is a case that is going to be filed before the Court before any pronouncements on that matter [is made],” Midas said.
Marquez was reacting to reports that several presidential candidates have issued statements saying that President Arroyo is barred from appointing the next Chief Justice due to constitutional prohibition on midnight appointments.
Earlier, presidential candidates Senator Manuel Villar, former president Joseph Estrada and Senator Benigno “Nonoy” Aquino III argued that the President is barred under Article VII, Section 15 of the Constitution from appointing the replacement of Chief Justice Reynato Puno, who is set to retire on May 17.
The said provision states that “two months immediately before the next presidential elections and up to the end of his term, a president or acting president shall not make appointments, except temporary appointments to executive positions wherein vacancies affect public service or endanger public safety.”
Although he was not sure on the accuracy of the reports, Marquez nevertheless urged presidential aspirants to refrain from making partisan statements on the issue.
“Once again it would be best if we keep our justices from the Supreme Court from partisan statements especially for those running for president… I think they should just focus on other issues, anyway we have our Constitution,” Marquez said.
Meanwhile, Marquez dismissed the claim of the National Union of Peoples’ Lawyers (NUPL) that the Judicial and Bar Council’s decision to immediately start the selection process is intended to give President Arroyo “a leverage and a bargaining power for political maneuvers and power play” in the Court after her terms ends.”
“I don’t think so, you know the record of the JBC especially in the past nominations. That’s their opinion but personally I don’t think the JBC is politicized at this point, at this time. I think what the JBC did yesterday, to start the process is a duty, that is why they have decided to undertake that already,” Marquez clarified.
Last Monday, the eight members of the JBC unanimously decided to open the selection process for the Chief Justice of the Supreme Court (SC) post but has yet to decide whether or not to submit its shortlist of nominees to President Arroyo before the constitutional ban on appointments takes effect.
The council is likely to seek the opinions of some legal experts on the legal implications of submitting the shortlist before or within the effectivity of Article VII, Section 15.
Marquez said the JBC will decide when to submit its shortlist of nominees after the selection process and after a study of all the views and opinions of legal experts with regard to the appointment of a chief justice during the election period.
He said the JBC will publish within the week the opening of the position for applications and recommendations.
The JBC will then deliberate on the list of candidates, publish the names of the candidates; accept comments on or opposition to the applications; conduct public interviews of candidates; and prepare the shortlist of candidates.
Marquez noted that automatic contenders for the Chief Justice post are the five most senior associate justices of the SC namely Antonio Carpio, Renato Corona, Conchita Carpio-Carpio Morales, Presbitero Velasco and Antonio Eduardo Nachura.
The solution to this controversy is straightforward and simple.
Ask Justice Puno’s wife to request Justice Puno to extend his tenure at the Supreme Court until June 30, 2010 so that she will have ample time to prepare his home office with the elegant decor that befits a retiring Justice of the Supreme Court.
If this solution is implemented, Mrs Puno, Chief Justice Puno and all the participants to this issue will be happy!The politicians will get back to whatever excites them.
We, all will not have wasted all the ongoing unproductive efforts and time for nothing.