Nazario’s spokesman, lawyer Renato Bocar, said she has asked that the "unfair and grossly misleading" statements given to the press about her appointment to the SC should be stopped as these "adverse speculations and innuendoes do not serve the cause of justice or the public good."
"The (Sandiganbayan) presiding justice will never take an action and will never say a word that would bring the institutions of government, executive or judiciary, into doubt, conflict or controversy," Bocar said. "It is not fit for anyone, speaking directly or behind the scenes, to make (Nazario’s) appointment the grist of rumors and speculations."
The Sandiganbayan made the appeal after newspaper reports came out quoting Nazario’s husband, Rod, as telling Palace reporters his wife felt bad over her botched appointment to the high court.
Rod is the manager of boxing champion Manny Pacquiao, who has endorsed the President’s candidacy, though Rod said he did not influence Pacquiao’s choice of candidate.
"The (Sandiganbayan) presiding justice herself has maintained absolute silence on the matter, placing complete faith in the appointing power and in the process of selection ordained by law," Bocar said. "Her sole aim and her only guides (are) law and principle."
He added that Nazario, who heads the graft court’s special division trying the plunder case against ousted President Joseph Estrada, has "continued to perform her duty without regard to the attendant controversies, constantly aware of the need to preserve the prestige and authority of the institutions involved, the Presidency, the Sandiganbayan and the SC."
Malacañang has been playing coy about Nazario’s promotion to the Supreme Court. The President herself has not categorically stated whether she will formalize Nazario’s appointment, instead maintaining that Nazario must tie up loose ends with regards to the Estrada plunder case.
The President also said it is up to the Judicial and Bar Council (JBC) to resubmit its short-list of five nominees to the Supreme Court seat vacated by Justice Josue Bellosillo, who retired on Nov. 13, 2003 after reaching the judiciary’s mandatory retirement age of 70.
Presidential Spokesman Ignacio Bunye announced Nazario’s appointment to the high court on Feb. 11, but attempted to retrieve the documents he released to the press "for correction."
Bunye has refused to comment on the matter since then, saying he doesn’t know whether or not Nazario’s appointment was recalled.
Sources said Nazario’s appointment was valid, since it fell within the constitutionally mandated 90-day period, within which a replacement of a retired SC justice must be appointed.
Nazario received a fax transmittal of her appointment papers signed by the President from Malacañang, but JBC sources said the problem is that these official records were not transmitted to the office of Chief Justice Hilario Davide Jr.