Noy misses deadline to appoint new Sandiganbayan justice

MANILA, Philippines - President Aquino has missed the deadline to fill the lone vacancy in the Sandiganbayan.

No appointment was made as of yesterday to the post made vacant by the promotion of Presiding Justice Amparo Cabotaje-Tang last year, almost 120 days after the Judicial and Bar Council (JBC) submitted its short list of nominees to Malacañang.

The Constitution requires the President to appoint justices and judges in appellate and trial courts, including the anti-graft court, within 90 days from receipt of JBC’s list.

The JBC, the seven-member constitutional body tasked to vet nominees to the judiciary, submitted its short list on Feb. 29.

In the JBC list were five court judges – Maryann Corpus-Manalac of Makati, Bernelito Fernandez of Quezon City, Ronaldo Martin of Antipolo, Andres Soriano of Makati and Ma. Theresa Dolores Gomez-Estoesta of Manila; two Department of Justice officials – DOJ Undersecretary Leah Tanodra-Armamento and Chief State Counsel Ricardo Paras III; and an assistant solicitor general, Marissa Macaraig Guillen.

The vacancy is in the fifth division of the anti-graft court, where the plunder and graft cases against three senators and several others charged in connection with the pork barrel fund scam were filed.

Jose Mejia, JBC member representing the academe, said the date of the appointment is important in determining if there is violation of the Constitution.

“If the date is within the 90-day deadline, there’s no violation. But if the date of appointment is not within this period, there is violation of the constitutional provision,” he told reporters.

Mejia, however, said there is nothing wrong with “antedating” appointment papers, which has been practiced by previous presidents.

A member of the Supreme Court Appointment Watch also believes that holding the President liable for culpable violation of the Constitution over delayed appointments would be far-fetched.