Chief Justice Hilario Davide Jr. said the JBC’s role is to recommend candidates for the vacancy to President Arroyo, who must make her choice from the JBC short list.
"As chair of the JBC, our role is to transmit the list of nominees to the President and the President has the sole, exclusive prerogative to make the appointment," Davide said.
He also said the Office of the Chief Justice has yet to receive any appointment from Malacañang to the vacancy on the high bench since Associate Justice Josue Bellosillo retired last November.
"I am not even aware of any appointment because I have not seen it," Davide said. "Nothing was transmitted to us."
Once the President has made her appointment to the SC vacancy, Malacañang must transmit the appointment to the Chief Justice in order to formalize the matter.
Davide said the JBC must now wait for Malacañang’s formal announcement of Bellosillo’s replacement.
On Feb. 11, copies of Nazario’s appointment were distributed to members of the Malacañang press corps — documents that were quickly withdrawn shortly after news of Nazario’s appointment was broadcast over radio.
Bellosillo retired in November upon reaching the mandatory retirement age of 70. Under the Constitution, a vacancy in the Supreme Court must be filled 90 days after the retirement of a member of the high bench.
Topping the JBC list of nominees for Bellosillo’s successor were Court Administrator Presbitero Velasco, followed by Solicitor General Alfredo Benipayo. Nazario’s name came third on the JBC list.
According to earlier reports, Nazario’s appointment was met with criticism by allies of the President, as they believe the Sandiganbayan justice was dragging her feet on the plunder case filed before the graft court against ousted President Joseph Estrada.