This is because Nazario, the eighth appointee of President Arroyo to the tribunal, has yet to take her oath of office although her appointment was dated Feb. 11.
According to the SC, Nazario was told that since Mrs. Arroyo is too busy with her campaign, her oath-taking might have to wait.
The presence of Arroyo appointees in the SC is perceived by Poe’s camp as one of the possible stumbling blocks to a favorable SC decision on the actor’s citizenship.
There were rumors that Nazario’s appointment would be withdrawn due to opposition from various sectors, including disgruntled Solicitor General Alfredo Benipayo, who was one of the nominees of the Judicial Bar Council (JBC) for the post.
The others were said to be critical of the Sandiganbayan’s handling of the trial of deposed President Joseph Estrada for plunder and other criminal charges. Nazario was the chairwoman of the anti-graft court’s special division trying the former chief executive.
Still other critics said she was appointed for being the wife of Rodolfo Nazario, the road manager of international boxing champion Manny Pacquiao — one of the active campaigners of Mrs. Arroyo.
But the SC and Malacañang maintained that the President’s schedule is full, especially with her out-of-town sorties, and there was no truth to reports that Nazario might still be replaced.
Nazario, 64, is the eighth appointee of Mrs. Arroyo to the 15-man tribunal. She replaced Senior Associate Justice Josue Bellosillo, who retired last Nov. 13. The other Arroyo appointees are Justices Antonio Carpio, Alicia Austria-Martinez, Renato Corona, Conchita Carpio-Morales, Romeo Callejo Sr., Adolfo Azcuna and Dante Tinga.
There are only 14 justices at present.