'GMA can appoint next chief justice'

MANILA, Philippines – The Supreme Court today gave President Arroyo the power to appoint the successor of Chief Justice Reynato Puno who is retiring on May 17.

In a 55-page landmark rulling penned by Associate Justice Lucas Bersamin, nine justices of the Court agreed that the appointment of the chief justice is not covered by the constitutional ban on midnight appointments.

"Had the framers intelnded to extend the prohibition contained in section 15, Article VII to the appointment of members of the Supreme Court they could have explicitly done so," the high court said in affirming the arguments presented by the petitioners, lawyers Arturo de Castro, Estelito Mendoza and Philconsa.

Concurring with the majority decision were Justices Jose Perez, Roberto Abad, Martin Villarama, Teresita Leonardo, Teresita Leonardo-de Castro,Arturo Brion, Diosdado Peralta, Jose Mendoza and Mariano del Castillo.

Justice Conchita Carpio Morales dissented, while Justices Antonio Eduardo Nachura and Presbitero Velasco Jr. voted that the case is premature.

Chief Justice Puno and the two frontrunners for the position – Senior Justices Renato Corona and Antonio Carpio – did not take part in the voting.