Arroyo won’t urge council to submit list of CJ nominees

MANILA – President Gloria Arroyo will not force the Judicial and Bar Council to submit the list of nominees for the next Chief Justice, despite the High Court’s ruling, allowing her to appoint the replacement of Chief Justice Reynato Puno.

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.

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The nine justices who voted in favor of the appointment are Lucas Bersamin, 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.

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

In a press briefing Wednesday, presidential spokesman Ricardo Saludo said the President has no power to compel the JBC to turn over its list since the council is also an independent body like the Supreme Court (SC).

“It is the Supreme Court, which has the power to oblige the JBC to submit the list and not the President,” Saludo noted.

Critics argued that the SC has arrived at giving power to the President to appoint the next Chief Justice because most of those who voted to give Arroyo the authority to name the next Chief Justice were her appointees.

Although the Palace welcomed the decision of the High Tribunal, Saludo said they are expecting for a motion for reconsideration as to any case. A motion for reconsideration can be filed within 15 days.

There will be no reversal of the ruling unless strong arguments will be presented to the court, added Saludo.

For now, he said the Malacanang will abide by the decision of SC and wait until the ruling will be declared as final and executory.

“We thank our esteemed Justices of the Supreme Court for deciding this contentious issue in the name of justice and the rule of law. As she has done in the past, the President shall abide by the ruling, once it is final and executory, and will fulfill her constitutional duty as clarified by the High Court,” Saludo said.

Party-list group Akbayan said Wednesday it will file a motion for reconsideration following the SC ruling over the Chief Justice appointment.

“We will certainly muster all the remaining legal actions to block this impending encroachment by the Executive upon the powers and the independence of the Judiciary. We will not give Mrs. Arroyo her day,” Akbayan Representative Walden Bello said in a statement.

Bello warned that the issue could be brought to the streets if the High Court will not reconsider its decision.

“When rule of law becomes synonymous with the rule of Gloria, when the desecration of laws and the constitution are permitted to insulate Mrs. Arroyo from prosecution and incarceration for historical and current transgressions, the possibility of a political upheaval becomes real. In lieu of legal battles, the issue can turn into street battles ala-Edsa,” he said.

“All is not lost. The Supreme Court has the power to settle this peacefully. I hope they will reconsider their decision,” he added.

University of the Philippines (UP) law professor Harry Roque said Wednesday is “a sad day for the rule of law.”

Ramon Casiple, executive director of Institute for Political and Economic Reform (Iper), said the Justices who ruled in favor might have “amended the Constitution.”

“If not qualified by the Judicial and Bar Council (JBC) requirement or time constraint, this SC just amended the Constitution,” he said in a text message to Sun.Star.

Premature

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.

Senators reaction

Opposition senators Francis “Chiz” Escudero, Manuel “Mar” Roxas II, and Manny Villar were also disappointed over the decision allowing Arroyo to pick the successor of Puno soon.

In a statement, Escudero said the decision is not timely as the “talks and fears of different scenarios meant to derail the elections are ripe.”

“As a lawyer, I have my own interpretation of the law, but this decision is really a big disappointment because the law clearly states that the incumbent cannot appoint anyone within the period of the constitutional ban. However, this is not that first time that I have been disappointed by the decision of the court,” he said.

Escudero, who sits as the Senate representative in the JBC, said the eight-member body can only submit the shortlist to Arroyo until SC ruled with finality.

Roxas, at the same time, said the Liberal Party and the “vast majority of the Filipino people” are “deeply alarmed” with Wednesday’s ruling.

“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,” Roxas stated.

“Whoever rules now makes the rules. The blindfold of Lady Justice has now been stripped off, and she is now being coerced to tip her scales in favor of President Arroyo and her clique who intend to keep power at all costs,” he added.

Nacionalista Party standard bearer Villar said he was sad over the decision but that giving up the fight should not be the mode at this point.

“I'm saddened by the Supreme Court decision. But SC has the final say. If it can still be pursued, we will see what can be done.”

He further that he is counting on the petitioners in the case, including the Philippine Bar Association, chapters of the Integrated Bar of the Philippines, and the National Union of Philippine Lawyers, to file immediately their motions for reconsideration before the high tribunal.

But despite the expected filing of several petitions and motions for reconsiderations, Escudero said the chances of the reversal of ruling are slim “given the number of votes favoring the decision.” (Jill Beltran/Kathrina Alvarez/Virgil Lopez/Sunnex)