Supreme Court justice accepts, another declines auto nomination

MANILA, Philippines - Amid debates on the appointment of a new Supreme Court (SC) chief, a senior justice has expressed interest in the vacancy while another opted not to be considered for the post.

Associate Justice Conchita Carpio–Morales, the third most senior justice of the court after Chief Justice Reynato Puno retires on May 17, has accepted her automatic nomination to the post while Associate Justice Presbitero Velasco Jr., the fourth in the list, said he is not interested.

But Morales stressed that she only accepted the automatic nomination on her belief that the appointment would be made not by President Arroyo but by the next duly elected president.

“Upon the understanding that the nomination is to be submitted to the next president of the Philippines in the light of the constitutional ban on the incumbent President to appoint a Chef Justice after Chief Justice Puno retires on May 17, 2010, I hereby manifest my interest to be considered for nomination to the position,” Justice Morales told the Judicial and Bar Council (JBC) in a letter last Friday.

The SC justice cited Article VII Section 15 of the Constitution, the provision being insisted by those opposed to a proposal to allow President Arroyo to appoint the successor of Chief Justice Puno.

On the other hand, Justice Velasco, in a letter, asked members of the JBC to exclude him from the list of possible nominees for next chief justice.

Palace: JBC likely to uphold GMA prerogative

Meanwhile, Malacañang said yesterday it is hopeful that the JBC would likely uphold President Arroyo’s prerogative and authority to appoint the new head of the Supreme Court once Chief Justice Puno retires on May 17. Cabinet Secretary Silvestre Bello III, who once served as member of the JBC during the Aquino and Ramos administrations, also reiterated the Palace’s call for all concerned sectors not to politicize the issue of Mrs. Arroyo appointing a new chief magistrate.

He said the fact that the JBC began its nomination process for Puno’s successor, meant the panel acknowledged the President’s prerogative to appoint amid apparent conflicting provisions in the Constitution on the matter.

“The moment the JBC starts processing and screening qualified applicants or nominees to be Chief Justice of the Supreme Court, that is already an implied recognition that they recognize the power and duty of the President to choose from the nominees they will submit to her,” Bello told the government-run radio dzRB.

“That’s very clear. Otherwise, if they do not recognize (prerogative), they would not submit (a shortlist). But the moment they start the process of nominating the possible replacement of the next chief justice of the Supreme Court, they are saying that the President has the authority,” he said.

Last Wednesday, the JBC officially opened the selection process for the successor of Chief Justice Puno and announced that it is now accepting applications or nominations for the next head of the country’s judiciary.

The JBC is set to meet again today to discuss the issue on whether or not it is allowed under the law to submit the shortlist to the Palace.

Meanwhile, another legal luminary, former Justice secretary Artemio Tuquero, contested the opinion of constitutionalist Fr. Joaquin Bernas that such appointment would be illegal.

Tuquero said Mrs. Arroyo can appoint the next chief justice and should just be ready to submit her decision for review of the High Court.

In a two-page legal opinion, he believes that the President is not precluded by law in exercising her appointing powers under the 1987 Constitution.

“Should PGMA (President Arroyo) decide to fill the vacancy to be created by the retirement of Chief Justice Puno, the appointment she issues would be considered valid. Only the Supreme Court, in an appropriate case that may be lodged with it, can declare the same null and void,” explained Tuquero, a former dean of the University of the East College of Law and the Manuel L. Quezon University College of Law.

Meanwhile, Sen. Francis Pangilinan supported yesterday Fr. Bernas’ statement that the Supreme Court would undermine itself should it let Mrs. Arroyo appoint the next chief justice. – Edu Punay, Christina Mendez, Paolo Romero