Chief Justice Reynato S. Puno on Monday begged off from commenting on a bill that would include the Chief Justice in the list of successors to the presidency in case of failure of the automated elections in 2010.

Puno said he has yet to get a copy of the bill filed by Bayan Muna Reps. Satur Ocampo, Teodoro Casiño, and Neri Colmenares who proposed the designation of the Chief Justice as acting President in the event of failure of elections.

But as far as Senate Minority Leader Aquilino Pimentel Jr. is concerned, there is no need for Congress to enact a new succession law supposedly to prevent a leadership vacuum that may arise in case of failure of the 2010 elections.

He suggested that instead of focusing on illusionary scenario, Congress should help the Comelec and Smartmatic see to it that there will be clean, fraud-free, and orderly May 2010 elections.

There is pending proposal in the House of Representatives to expand the succession to the presidency to include the Chief Justice since the Constitution only mentions the Vice President, the Senate President and the House Speaker, in that order, to succeed the President.

Lawmakers find it necessary to come up with a new “succession law” to spare the country of a leadership vacuum in case of a total election failure.

When asked by a congressman to comment on the succession bill during a budget hearing held last Friday, Court Administrator Jose Perez said the High Court “leaves that to the wisdom of the Honorable Congress.”

“I think that bill should be first debated on the floor of Congress. We’ll just wait for the result of the debate,” Perez said in reply to the follow-up questions of Cagayan de Oro City Rep. Rufus Rodriguez.

Observers noted that the proponents of the bill must also address the situation wherein there is also no Chief Justice available to assume the presidency in an acting capacity in case of an election failure next year.

It will be noted that Chief Justice Reynato Puno is scheduled to retire on May 17, 2010 before President Arroyo’s term expires on June 30 of the same year.

Mrs. Arroyo cannot appoint a new Chief Justice to replace Puno as the Constitution prohibits her from making appointments two months before the elections.

Also, Rodriguez argued that the bill filed by the militant lawmakers was unconstitutional as he cited the separation of powers among the three branches of government.

He also cited a constitutional provision that bars members of the judicial branch from being designated to any agency under the executive branch.

Rodriguez said he supports a proposal that only elected public officials should be in the line of succession such as the 12 senators whose terms will expire in 2013.

Earlier, Fr. Joaquin Bernas, dean emeritus of the Ateneo College of Law, suggested that incumbent senators elect a new Senate president before the start of the 90-day election campaign early next year.

Bernas said the new Senate president could lead the country as acting president in case a complete failure of elections in 2010 and if Congress fails to approve a succession law expanding the line of succession to the presidency.

The new Senate chief should come from the 12 remaining senators, he added.

The term of office of the incumbent head of the Upper Chamber, Juan Ponce Enrile, ends on June 30, 2010, so as the terms of all other elected officials, especially those in the line of succession to the President.

Last week, however, the House Committee on Revision of Laws approved in principle House Bill (HB) 3194 designating the “most senior” among the 12 senators whose terms end in 2013 in the event the 2010 automated election fails.

The most senior refers to the senator who garnered the highest number of votes in the last senatorial elections, according to the revised version of the bill filed by Nueva Ecija Rep. Edno Joson.

Based on official results of the 2007 elections, Sen. Loren Legarda topped the senatorial race with 18,069,466 votes.

Meanwhile, Pimentel said the nation should be relieved over the assurance of Director Fernando Rafanan of the Comelec law department that a failure of the automated elections is impossible to happen.

Rafanan, who chaired the Comelec’s special bids and awards committee for the automation project, said that in case the electronic voting machines breakdown in certain areas, they can be replaced by the reserve machines. (Rey G. Panaligan, Edmer F. Panesa, and Rolly T. Carandang)