The Supreme Court (SC) has been asked anew to reconsider its March 17 decision authorizing President Gloria Macapagal-Arroyo to appoint the successor of Chief Justice Reynato S. Puno when he retires next month.

A motion for reconsideration was filed yesterday by the umbrella group Bagong Alyansang Makabayan (Bayan). It was joined by other intervenors in the case like COURAGE, Anakbayan, League of Filipino Students, Student Christian Movement, National Union of Students of the Philippines, Pag-asa and Kadamay.

In its motion, Bayan insisted that no actual controversy existed that would require the ruling of the High Court.

The group noted that there is no actual vacancy in the position of Chief Justice when the petition of lawyer Estelito Mendoza asking the court to rule on the issue of midnight appointment was filed.

It warned the assailed SC ruling “opened the floodgates to other controversial appointments,” noting that Malacañang has appeared to be appointing officials even after the election appointments ban took effect last March 10.

“The tenor and substance of the questioned decision clearly contravenes this basic principle of constitutional adjudication. The Mendoza petition, upon careful perusal, would reveal that the purported legal controversy it presents was occasioned only by the impending need to appoint the successor of Chief Justice Puno when he retires on 17 May 2010,” Bayan said.

“Despite this fact, however, the Honorable Court, in broad and sweeping strokes, also made a pronouncement on the midnight appointment of all the other members of the judiciary, as well as on the applicability of its ruling to every situation of vacancy in the Supreme Court,” it added.