SC rules for Glo

THE High Court yesterday ruled that President Gloria Arroyo can appoint the next chief justice despite a 60-day ban on midnight appointments before the elections.

The Supreme Court (SC) voted 9-1-3, allowing Arroyo to appoint the successor of outgoing Chief Justice Reynato Puno, who is set to retire on May 17.

The nine justices who voted in favor of the appointment are Lucas Bersa-min, Jose Perez, Roberto Abad, Martin Villarama, Teresita de Castro, Arturo Brion, Jose Mendoza, Mariano del Castillo and Diosdado Peralta.

Conchita Carpio-Morales, meanwhile, gave a vote of dissent.

SC Justices Presbitero Velasco Jr. and Antonio Eduardo Nachura cited the case was premature while the three other magistrates, Antonio Carpio, Renato Corona and Puno inhibited themselves from voting.

The High Court has asked the Judicial and Bar Council (JBC) to submit the shortlist of nominees to Arroyo on or before Puno’s retirement date.

Candidates

The candidates for the post are Senior Associate Justice Antonio Carpio; Associate Justices Renato Corona, Carpio-Morales, de Castro, Arturo Brion; and Sandiganbayan Senior Associate Justice Edilberto Sandoval.

For his part, Commission on Elections (Comelec) Chairman Jose Melo said he agrees with Velasco and Nachura that the case was premature as Arroyo has yet to proclaim whether or not she wants to appoint the next SC chief.

“I agree with the two. What if the president will not appoint? Then the efforts of the SC would have been wasted. What if the president will not be able to pick one from the list of nominees?” said Melo.

The Comelec official also said that the decision came out as an advisory opinion and that the SC justices were put in a “difficult situation.”

“The justices were put in a difficult situation. Considering the background, if you say the president can appoint, you are practically saying that you are in favor of one or the other.

If you are saying that it should be the next president, you are favoring the other,” Melo explained.

House Speaker Prospero Nograles, meanwhile, noted that the decision of the SC would close all issues surrounding the chief justice appointment.

“That settles all the legal issues on the matter. I have always maintained that the President can appoint because the chief justice’s appointment is the exception to the general rule,” said Nograles. (Sunnex)