Palace clarifies deadline in appointing justices

MANILA, Philippines - President Aquino did not violate the Constitution when he failed to pick a replacement for the post vacated by Sandiganbayan presiding justice Amparo Cabotaje-Tang, Malacañang said yesterday.

Presidential Communications Operations Office Secretary Herminio Coloma Jr. said the 90-day deadline prescribed by the Judicial and Bar Council (JBC) for the President to make the appointment from its shortlist is only a “guideline.”

“It’s some kind of an advisory timeframe,” he told a press briefing. “We are cognizant of the importance of filling the vacancy in the Sandiganbayan and this matter is being addressed.”

“We have to get more information on the background. We have not yet verified the actual lapse of time, but there is such a guideline, and there is such cognizance that the vacancy would have to be filled,” he added.

Palace sources said the deadline for the appointment lapsed on May 26.

Under the law, the President has three months to choose from the shortlist submitted by the JBC, the seven-member constitutional body tasked to vet nominees to the judiciary. The JBC submitted its list on Feb. 29.

The reckoning period is neither the retirement date of the justice nor his promotion, but 90 days after the JBC sent its shortlist.

“The urgency of the matter is sufficiently acknowledged,” Coloma said.

In the JBC shortlist are two officials from the Department of Justice – Undersecretary Leah Tanodra-Armamento and Chief State Counsel Ricardo Paras III, five judges – Maryann Corpus-Mañalac of Makati, Bernelito Fernandez of Quezon City, Ronaldo Martin of Antipolo, Andres Soriano of Makati and Ma. Theresa Dolores Gomez-Estoesta of Manila, and assistant solicitor general Marissa Macaraig Guillen.  – With Aurea Calica