Palace backpedals, to name new chief justice when Puno retires

MANILA, Philippines - President Arroyo will await Chief Justice Reynato Puno’s retirement on May 17 before she names his successor, Malacañang said yesterday.

Speaking to reporters, Press Undersecretary Rogelio Peyuan said Mrs. Arroyo would take her cue from the Supreme Court, which allowed her to exercise her power to appoint the next chief justice.

“I don’t think there will be any problem with that (awaiting Puno’s retirement), considering that we are not pressured by time,” he said.

“I would presume that the President is properly guided not only by both the decisions of the Supreme Court and the JBC but at the same time would definitely be in the right place to know when to decide when to actually appoint the next chief justice of the Supreme Court.”

SC: GMA can announce new CJ before polls

Mrs. Arroyo may announce her choice of chief justice before the May 10 elections upon receiving the shortlist from the Judicial and Bar Council (JBC) today, the Supreme Court said yesterday.

Speaking to reporters, SC spokesman Midas Marquez sees nothing wrong with Mrs. Arroyo naming the next chief justice as long as the appointment will take effect after the retirement of Chief Justice Puno on May 17.

“The announcement of who will be the next chief justice will be up to the wisdom of the President,” he said.

“That is the discretion of the chief executive,” he added.

Marquez said mere announcement of an appointment should be distinguished from the effectivity of the appointment.

“What is material is the effectivity of the new appointment, which should be after the retirement of Chief Justice Puno,” he said.

However, Senate President Juan Ponce Enrile told reporters Mrs. Arroyo must wait for the position of chief justice to be vacant before she could appoint a replacement.

“The President has to wait for the vacancy to exist before she can appoint the next chief justice of the Supreme Court,” he said.

Enrile expressed belief yesterday that the President can appoint the next chief justice to replace Puno but only after he reaches his retirement age on May 17.

Enrile also believes Mrs. Arroyo can name Puno’s successor without a JBC recommendation.

“Imagine if you are going to insist a JBC (recommendation) is needed to appoint a chief justice, suppose the chief justice, who is the ex-officio chairman of the JBC, is on a plane and it crashes?” he said. 

“Just like the Senate president, who is the ex-officio of the Commission on Appointments, the CA will not operate without a Senate president. Precisely, that’s also the case of the JBC,” he said.

Enrile said it’s a chicken and egg question precisely because the President cannot appoint a chief justice anymore if you require the recommendation of the JBC. 

“Because the JBC is no longer there because there is no CJ,” he said.

Enrile said Mrs. Arroyo could name the next chief justice as long as the replacement would come from among the 14 remaining SC justices.

“But the President cannot appoint a replacement of a Supreme Court justice without JBC’s shortlist,” he said.

Romulo Macalintal, Mrs. Arroyo’s election lawyer, said the Constitution is very clear that the SC seat must be filled within 90 days from vacancy.

“If a new chief justice is named before May 17 and something happens to the named successor preventing him from assuming the position, then it would result in another vacancy and in which case, the JBC shall meet again to make another list for submission to the President,” he said.

“I’m sure the President is well aware of the proper time to make the appointment of the next chief justice pursuant to the decision of the SC allowing her to appoint a new chief justice upon the retirement of Chief Justice Puno,” he added.

Mrs. Arroyo could appoint the next chief justice before the May 10 elections because the JBC was set to come up with a shortlist of nominees for the position, according to deputy presidential spokesman Gary Olivar.

Marquez said the JBC will submit its shortlist to Mrs. Arroyo today after the Philippine Bar Association’s second motion for reconsideration failed to arrive before the SC went on recess for the elections.

“The (SC) did not receive the second MR,” he said.

“It has adjourned already. There’s nothing that prevents JBC from transmitting the shortlist to the Palace,” he added.

Simeon Marcelo, PBA head, said they will personally deliver the MR to the SC today after it was sent through registered mail yesterday. – With Christina Mendez, Edu Punay and Aurea Calica