2009 Bar topnotcher favors Supreme Court ruling on chief justice appointment

MANILA, Philippines - The topnotcher in last year’s Bar examinations agrees with the Supreme Court that President Arroyo must be allowed to name the next chief justice.

Reinier Yebra of San Beda College said the March 17 ruling that the SC is not covered by the constitutional ban on midnight appointments is legally sound.

“On the question of whether the Supreme Court had basis to say that the President should be allowed to appoint the next chief justice, the answer should be in the affirmative,” he said.

“If you read the decision penned by Honorable Justice (Lucas) Bersamin, you will see that they considered and interpreted the prohibition against midnight appointments as applicable only to appointments made in the executive branch of government.”

Yebra said the framers of the Constitution intended to exclude the SC from the ban to bolster the independence of the judiciary from the executive and legislative departments.

“The High Court expounded by saying that the dangers sought to be prevented by the prohibition against midnight appointments are not present if the President is allowed to appoint the next Chief Justice,” he said.

“Since, in the ultimate analysis, the Judicial and Bar Council is the one tasked to list the candidates that the President will choose from.”

Yebra called on fellow lawyers to respect and uphold the rule of law.

“We live in a democratic country and republican state,” he said.

“People are allowed to believe differently and have their own opinions.

“Free speech and the right to peaceably assemble are rights protected and are guaranteed by our Constitution. For as long as these rights are exercised within legal bounds, and in accordance with the conditions provided by law there is nothing contentious about it.” – Edu Punay