In your opinion, who should appoint the next Supreme Court Chief Justice?

Aries Diamante, Metro Manila: Let the next President do it. Anyway, the interregnum is not that long. Besides, the Chief Justice is a primus inter pares, so that even if no one has been appointed, the most senior associate justice can act as Chief Justice.  

Arvin Padua, Quezon City: It’s an open secret and public knowledge that the pork barrel is being used only for political purposes. Hence, the same must be removed.  

Let’s leave this to the Honorable Justices

Felix Ramento, USA: I believe the standoff is better left to the Honorable Justices, who are better equipped to arrive at a more equitable resolution. They are themselves in a better position, under the circumstances, to handle the problem that would eventually affect the Supreme Court’s integrity in that the process must be free from any outside obstruction and intervention.  

Germi Sison, Cabanatuan City: Under normal conditions, it is the President who can appoint the Chief Justice of the Supreme Court from the short list recommended by the Judicial and Bar Council. But the situation now is different because the President, according to the Constitution, cannot make appointments during THE election period and the Judiciary or the Legislature cannot do so either. By the provision of the Constitution, Chief Justice Reynato Puno has to retire on his 70th birthday on May 10, 2010, whether he likes it or not. Many experts in our law and Constitution, even objectively, cannot agree who has the appointing power in this complicated situation. Then who am I, who is not in the legal profession, to give an opinion?  

Janet Lopez, Manila: We can protest all we want, but when the clock strikes at midnight, the appointing power will turn our Cinderella Constitution into a pumpkin.  

Leonard Villa, Batac City : My two cents’ worth of opinion won’t matter so I’ll just entrust the whole thing to the Judicial and Bar Council, the key and panacea to this brouhaha. Proper process must prevail.  

Norberto Robles, Taguig: Let’s leave the matter to the collective wisdom of members of the Supreme Court to sort out to who should appoint the successor of retiring Chief Justice Puno.  

Ignacio Anacta, Metro Manila:  It’s quite confusing why the sitting President is appointing members of the Supreme Court when we are supposed to have three branches of our democratic government. With our unique Filipino virtue of utang na loob, appointed members tend to favor the President, especially on controversial issues. It’s better for the bar council to evaluate the candidates and, together with the members of the Supreme Court, vote as to who should be the next Chief Justice.  

Jose Fabello Jr., Cagayan de Oro City: The best minds of the country are working on this problem; let us wait for its resolution in due time.  

Alex Katigbak, Parañaque City:   The Constitution must be amended in order that the Chief Justice be elected by legal luminaries alone  the IBP members only, and not the President.  

Ernesto Oliquiano, Las Piñas City:   It should not be PGMA, that’s for sure. Our Constitution is very clear. The President cannot appoint Justices of the Supreme Court two months before the election. Even without this provision, just out of delicadeza, outgoing Presidents should not appoint, on the last days of his/her term, officials with a fixed tenure of office or those who can only be removed through impeachment. If I remember right, during the end of Carlos P. Garcia’s presidency, he appointed Dominador Aytona as Governor of the Central Bank. PGMA’s father, Diosdado Macapagal, who won the Presidency that year, did not recognize Aytona and instead appointed Castillo. There was chaos in the Central Bank then, with two Governors contesting the position. The argument that there would be a vacuum in the Supreme Court if Justice Puno’s successor is not appointed after his retirement is hogwash. Aside from the Chief Justice, there are 14 other members of the judiciary and only eight members are required to get a quorum, according to Fr. Bernas. Surely, the remaining members can perform the duties of a 15-man Supreme Court. In fact, there are instances where the Chief Justice inhibits himself on some cases under review because of conflict of interest and yet the cases were resolved. So what vacuum are they talking about?  

The President has the authority to do so

Dennis Montealto, Mandaluyong City : Whoever is the sitting President should appoint the next Chief Justice.  

Armando Tavera, Las Piñas : The President should be the one to appoint the Chief Justice of the Supreme Court.  

Dave Velasco, Marinduque : Regardless of any issue, I think the incumbent President has the prerogative to appoint as called for.  

Lydia Reyes, Bataan : The Judicial and Bar Council should appoint three nominees. It’s the President’s right to appoint who she thinks is deserving.  

The next administration should do so

Noel Banias, Makati City : As Palace go-fers continue to rationalize GMA’s desire to put in place a Chief Justice-in-waiting, delicadeza is not one of the reasons cited. GMA, for all intents and purposes, should leave the naming of the new Chief Justice to the next President of the Republic of the Philippines. She has been standing on shaky moral ground for so long.  

Johann Lucas, Quezon City : PGMA should not appoint the successor to Chief Justice Reynato Puno. It should be the next president. It would be like a midnight appointment if the current President does it.  

Ruben Viray, Antipolo City:   It should be the next elected President of the country. When Justice Puno retires on May 10, 2010, the judiciary may appoint within themselves an OIC until the new President appoints a new one. Let’s leave it that way to avoid confusion.  

Ella Arenas, Pangasinan:   What I know as a non-lawyer is that after the term of the incumbent President, the next president should be the one to appoint a new Supreme Court Chief Justice.  

Elpidio Que, Vigan:   With the high distrust rate that GMA has, the next Chief Justice should be appointed by the next President. May 2010 is just around the corner. What’s the purpose of her appointing the next Chief Justice if not to use the Supreme Court for her own vested interests?  

Gerii Calupitan, Muntinlupa City:   The next President should. If we go by the book, whoever is authorized to do so should. If Bro. Eddie wins, God will anoint the new Supreme Court Chief Justice. If Noynoy wins, he’ll spend a week in the Pink Sisters’ convent until the Holy Spirit guides him in his choice. If Erap wins, which will be a disaster for RP worse than the Haiti earthquake, then Johnnie Walker Blue will determine his choice. Only Gibo and Villar are capable of making any sensible appointment.  

Lilian Villaronte, Nueva Ecija:   The next president, with or without the recommendation of the Judicial and Bar Council, should appoint the next Supreme Court Chief Justice.  

Rose Leobrera, Manila: It should be the next administration, so that the appointee will not have any debt of gratitude to Pres. Arroyo. It will be risky to have her make the appointment.  

Rene Poder, Manila: The next president should appoint the next Chief Justice, if the Constitution and delicadeza are to be followed.  

Lucas Banzon Madamba II, USA:   Since the President cannot appoint the next Chief Justice during the election period (as constitutionally defined), this case should be a matter of consideration for the approval of the Judicial and Bar Council, the associate justices of the Supreme Court, and members of the Senate electoral tribunal as well as the Integrated Bar of the Philippines. They should be able to appoint, at least, an acting Chief Justice who can administer the swearing-in of the next President of the Philippines on June 30, 2010 since the Supreme Court Chief Justice will swear in the next President of the Philippines. Then, the next Philippine President can appoint the next Supreme Court Chief Justice in a full constitutional capacity.  

Jimmy Donton, Puerto Princesa City: Though President Arroyo has the authority to appoint the next Supreme Court Chief Justice, it would be proper that it be delegated to the next president of the country.  

Ed Alawi, Davao City: I believe it should be the President-elect since Chief Justice Puno will retire on May 17 yet. I agree that appointing a Chief Justice in waiting is unconstitutional.  

The Executive should keep out of it

Alexander Raquepo, Ilocos Sur: I believe in the separation of the Executive and the Judiciary. The appointment of the Chief Justice by the head of the Executive branch doesn’t seem to be right. I see it as a breach of protocol. He or she may nominate, but not appoint. I also believe that the selection process is in place in the records of the judiciary. Why not use this to the fullest?  

Lolong Rejano, Marinduque: I am glad that this issue of appointing the next Supreme Court Chief Justice was brought to the attention of ordinary citizens like me. Of course, I could only base my opinion on the moral, and not legal, aspect. Indeed, the President has no moral authority to appoint the next Chief Justice of the Supreme Court from the short list recommended by the Judicial and Bar Council. Mrs. Arroyo’s negative trust ratings should not be taken for granted. Let’s hope delicadeza prevails to prevent the damaging effect to our judicial system.  

The JBC should vote among themselves

Jim Veneracion, Naga City: As there is a Constitutional prohibition, GMA must not appoint the next Chief Justice. For me, it should be the Judicial and Bar Council, voting among themselves.  

Tina Aaronica Limueco, Cabanatuan City:   The task of appointing the next Supreme Court Chief Justice should be given to the justices themselves for they know who among them is the most qualified and the most capable of performing such a delicate duty.  

Why not Congress?

Eric Gopilan, Quezon City: Why not Congress, so the President will have no control over or power to manipulate the laws, therefore, preventing him or her from abusing the position?  

This should not be an issue

Louella Brown, Baguio City: The question as to who should appoint the next Supreme Court Chief Justice should be no issue. When the incumbent retires, a new one should be in place.  

Ricardo Tolentino, Laoag City: Whoever is authorized by our Constitution is acceptable. What’s the fuss?  

Pedro Alagano Sr., Vigan City: The sitting President. Why worry about such an appointment when the said nominees have been scrutinized and have passed the stringent requirements of the Judicial and Bar Council?  

Rey Onate, Palayan City: Let us follow the established law, rules and procedures regarding the appointment of the Chief Justice. Out muna ang pulitika nang mabawasan ang inis.  

Rico Fabello, Parañaque City: I don’t care who appoints whom. I care more about the qualities and capabilities of the appointed.  

Contrasting views

Deo Durante, Camarines Sur: There are conflicting views on the appointment of the next Chief Justice. Based on the Civil Service law, the appointment of government workers in the service is prohibited during the election period. However, since it’s election time and the position of the Supreme Court Chief Justice is crucial, especially in determining election protests and other election-related cases, Pres. Arroyo should appoint as she is also mandated to do so.  

C.B. Manalastas, Manila: Well-known lawyers and constitutionalists have already cited various provisions in law and given contrasting opinions.  

Ruel Bautista, Laguna: The reason we are at this stage of confusion is because we have so many laws but don’t implement and follow them. Nasa batas naman ‘yan.  

L.C. Fiel, Quezon City: Noted constitutionalist Fr. Joaquin Bernas says PGMA can’t appoint the next Chief Justice without violating the Constitution, while UP College of Law faculty members say naming Puno’s replacement would be tantamount to a “midnight appointment”. Need I say more?  

Q. Calata, Parañaque City: Tayong mga Pilipino ay mahilig sa debate. To me, whatever is in our laws, especially the Constitution, should be followed. What rule on election time are we talking about to invoke a prohibition on the appointment of a Chief Justice?  Ishmael

I am no Constitutional expert

Desuel Pardo, Mandaluyong City: Many of those who are authorities in the Constitution cannot give uncontested opinions on the issue of who can appoint the replacement of Chief Justice Puno, who is to retire as mandated on May 10, 2010, because PGMA has no authority to make appointments during the election period. This was an issue that was not foreseen by the writers of the 1987 Constitution. Being a layman, this Constitutional issue, therefore, is beyond my knowledge to resolve.  

The National Security Council can do it

Ric Vergara, Calamba City: In this case, where we have an outgoing Chief Executive, I recommend that the National Security Council appoint the next Supreme Court justice.  

Why not extend CJ Puno’s term?

Leandro Tolentino, Batangas City: Maybe the Supreme Court debate can be resolved if the term of CJ Puno, in the interest of national security is extended 90 days after his scheduled retirement.  

MAMA MIA!

Hilario Tamor, Metro Manila: Media must not dignify the antics of Aguilar. Her views and comments send a wrong signal to dysfunctional parents and spoiled brats.  

Gil Planas, Davao City:   If Marlene Aguilar thinks that killing is just a passion, we will find surging killer sons in every corner of this world.  

 Views expressed in this section do not necessarily reflect the editorial position of The STAR. The STAR does not knowingly publish false information and may not be held liable for the views of readers exercising their right to free expression. The publication also reserves the right to edit contributions to this section as it sees fit.

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