Arroyo urged to back off from CJ appointment

MANILA -- A fishermen’s alliance joined Sunday the growing opposition to the High Court ruling that allows President Gloria Macapagal-Arroyo to pick the next Chief Justice (CJ) despite constitutional ban on midnight appointments.

Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) said Arroyo should leave the naming of the successor of Chief Justice Reynato Puno to the next President. Puno will be retiring on May 17.

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“The national interest and the collective will of 94 million Filipinos and the 1987 Constitution strongly mandate the ‘GMA republic’ to refrain from appointing the next CJ. It is time for Arroyo to retreat, say goodbye and tell her would-be successor that the ball is now in his or her court to name the next Chief Justice. This is as easy as ABC,” Pamalakaya national chairman Fernando Hicap said in a statement.

Hicap said the decision is “tailor-made” to accommodate the reported plan of Malacañang to extend the term of Arroyo beyond June 30 through the declaration of failure of elections, the possible declaration of Martial Law, or any Palace edict that would keep the President in power.

“The nine SC (Supreme Court) justices who voted in favor of Arroyo’s appointing power, despite the clear constitutional ban, should by now realize the follies and grave mistakes they have done that caused their isolation from the people,” he said.

Pamalakaya described the SC ruling as “a major legal disaster and highly revolting,” while calling on the justices to reverse their decision and “back off from entertaining any Palace’s indecent proposal, or repel political-military pressures from GMA (Arroyo) and the pro-GMA clique in the military.”

Rumors are rife that a military operation called “August Moon” is supposedly to extend the term of Arroyo by mobilizing her loyal generals, but the military was quick to dismiss the speculations.

Suggestions

The fishermen’s group, meanwhile, presented two options to resolve the issue:

1. Extend the term of retiring Chief Justice Puno until June 30 and allow the next President to choose his successor from the shortlist coming from the Judicial and Bar Council;

2. If Puno pursues his retirement on May 17, Senior Associate Justice Antonio Carpio should be the acting Chief Justice from May 18 to June 30, or until the next President can choose among the shortlisted nominees.

Puno, on March 18, designated Carpio as acting Chief Justice after he decided to go on a “wellness and sabbatical leave” in Rome until the end of the Holy Week on April 4.

The group advised Arroyo to do the “most lawful, sensible and objective action that suits the national interest and collective will of the people.”

“The trouble with Ms. Arroyo is her super obsession to stay in power beyond June 30, and she’s hell bent in appointing a Chief Justice that will follow the doctrine of Malacañang,” Pamalakaya said.

The group also warned that the next Arroyo-appointed Chief Justice will suffer credibility crisis and will be perceived “as a puppet of a President with cruel intentions and sinister agenda against the people.”

“Arroyo’s appointment or anything that suggests association with GMA is a kiss of death. The next Chief Justice who will be appointed by Arroyo will be condemned by the people and history,” added the fishermen’s group.

Aquino softens stand

Liberal Party standard bearer Senator Benigno “Noynoy” Aquino III, for his part, said he is obliged to follow the Constitution and recognize the appointed Chief Justice if he wins.

He, however, insists that there is a check and balance between the branches of government regarding the Chief Justice appointment.

Aquino said he will support any move to file a motion for reconsideration on the SC decision, allowing President Arroyo to appoint the next Chief Justice.

But Aquino is not hopeful the SC will reverse its ruling, saying that based on history, the high tribunal has never overturned itself.

Earlier, Aquino said he will not recognize any Chief Justice appointment that will be made by the Arroyo administration.

While he himself cannot directly file the motion for reconsideration because he is not an intervener on the case, he said he will join protest marches against the decision.

“We hope that we don't send conflict. I have promised four provinces that I will appear. I hope they understand if I join the protest movement,” Aquino said.

SC’s credibility

In Malacañang, Deputy Presidential Spokesman Gary Olivar believed that the protest actions against the SC would eventually subside, banking on the maturity of the Filipinos and their respect for the rule of law.

In an interview by Radyo ng Bayan, Olivar said the Palace is not concerned about those opposing or criticizing the ruling, but they are saddened that it might affect the credibility of the High Court and other constitutional bodies.

He also expressed confidence such protest actions would not escalate, dismissing the possibility that it would result to another people power revolution that would involve or be supported by the military or the police.

He said the members of the Armed Forces of the Philippines and Philippine National Police are professionals who would not follow “illegal orders” and would instead remain loyal to the "rule of law" and the "Chain of Command.” (Virgil Lopez/Angela Casauay/JCV/JMR/Sunnex)