The Supreme Court (SC) on Tuesday closed the book on President Arroyo’s appointment of Chief Justice Renato C. Corona by throwing out an attempt to seek reversal of the decision which led to his assumption into office as the country’s 23rd chief magistrate.

Voting 9-1-2 with two justices inhibiting, the SC denied the motion filed by the Philippine Bar Association (PBA) asking that it be allowed to file a second motion for reconsideration in the case.

The ruling, the first under the Corona court, was handed down during the resumption of the High Court’s en banc session after a month-long break.

Court Administrator and SC Spokesman Jose Midas Marquez said the denial of the PBA motion was based on the same grounds that the main case was decided.

Marquez also explained that the PBA had to seek permission first from the court before it can file its second motion for reconsideration, which under the rules, is a prohibited pleading.

The SC, in its March 17 decision, allowed outgoing President Arroyo to appoint the successor of then Chief Justice Reynato S. Puno, who retired on May 17.

It ruled that appointments to the SC are not covered by the constitutional ban on midnight appointments, which started last March 10 and ends on June 30.

Last April 20, the SC denied with finality the various motions for reconsideration filed in the case.

The PBA, headed by its president Simeon Marcelo, wanted to file a second motion for reconsideration, insisting that the appointment of a new Chief Justice by Mrs. Arroyo was in violation of the election appointments ban rule under Section 15, Article VII of the 1987 Constitution.

Marquez said the voting in the March 17 decision and the denial of the PBA motion had the same results.

The nine magistrates who voted to dismiss the PBA motion were Associate Justices Teresita Leonardo de Castro, Arturo D. Brion, Diosdado M. Peralta, Lucas P. Bersamin, Mariano C. del Castillo, Roberto A. Abad, Martin S. Villarama Jr., Jose P. Perez, and Jose C. Mendoza. Only Associate Justice Conchita Carpio-Morales dissented.

Associate Justices Eduardo B. Nachura and Presbitero J. Velasco Jr. maintained that the petitions regarding the appointment of the Chief Justice should be dismissed for being premature. Chief Justice Corona and Senior Associate Justice Antonio T. Carpio inhibited.

Meanwhile, Marquez reported that the first en banc session under the new Chief Justice “proceeded smoothly, pleasantly and cordially.”

“After almost 300 items in the agenda, the deliberation went beyond the usual two and one half hours, and then they had lunch. Some were worried but everything went well,” Marquez said.