OLIVAR

The ball is still with the Judicial and Bar Council (JBC) on the selection of the country’s new Chief Justice by May, a Palace official said Monday.

Deputy Presidential Spokesman Gary Olivar said President Arroyo would wait for the decision of the JBC whether or not it would transmit a shortlist of nominees for a replacement of Chief Justice Reynato Puno and then she would take the “proper action” based on national interest.

Some groups have raised questions if the Chief Executive could still appoint a new Chief Justice before the coming national and local elections.

Chief Justice Puno is set to retire on May 17, or within a two-month constitutional ban on government appointments.

Once she gets the JBC recommendation, Olivar said the President is expected to make such SC appointment based on “what is required for her not only by law but (also by) overriding national interest.”

Mrs. Arroyo, he added, would also get the proper legal advice on the matter before issuing her last SC appointment.

“What is incumbent upon us is to wait for the JBC to take the action that it deems appropriate to take with respect to this particular issue given the issues that have been raised about the conflict in timing, prohibitions,” he said in a news conference.

Olivar said he hopes the JBC members would limit their discussions on the SC appointment to legalities and public policy issues and avoid getting dragged into the “political agenda.”

“Right now, it is clear that it is in the national interest not to have such an important position vacated for such a long period of time,” he said.

If some groups petition the Supreme Court to clarify the President’s appointment of a new Supreme Court Chief Justice, Olivar welcomed such move to settle any gray areas on the provisions prohibiting government appointments two months before the May polls.

Olivar added he hopes the President’s critics would refrain from insinuating “all sorts of political motivations or political downsides” in the appointment of a SC Chief Justice, apparently referring to allegations the President was moving to install a supposed Arroyo Supreme Court.

The President has appointed most of the Supreme Court justices during her term, raising speculations the High Tribunal is beholden to her.

Last weekend, Cabinet Secretary Silvestre Bello III said the President could and would still appoint a new Chief Justice even days before the elections or before her tenure ends. Bello said the President must ensure there would be “no hiatus” in the SC leadership that may leave the judicial system astray.

The President’s election lawyer, Romulo Macalintal, also agreed the country cannot afford to have an “acting Chief Justice.” He said the constitutional provision banning government appointments two months before the polls only applies to the executive branch.

Supreme Court urges people not to speculate
The Supreme Court on Monday urged the public to avoid speculations about the upcoming retirement of Chief Justice Reynato Puno and allow the Judicial and Bar Council (JBC) to resolve whether his successor can be appointed by President Arroyo even before he retires on May 17.

“Let’s wait for the JBC to act on it. Let’s not preempt the JBC,” SC spokesperson Midas Marquez said, referring to a proposal of JBC member and Quezon City Rep. Matias Defensor to expedite the nomination of Puno’s replacement.

Defensor has urged his fellow JBC members to start the nomination process for the position of Chief Justice and immediately submit to the President the list of at least three nominees for the highest post in the judiciary.

During its session last Monday, the JBC started the discussions on Defensor’s proposal but it was cut short after some of its members wanted to review first the history of appointments of past chief justices.

“Many of the JBC members are not exactly familiar with the dates when the position of Chief Justice was opened, as to when did the JBC submitted the shortlist (to the President), and when the appointment was made,” Marquez told a press conference.

Marquez said no one among the JBC members opposed Defensor’s proposal as they all appeared open to discussing it believing that the matter is “inevitable and sooner or later this has to be discussed.”

“Aside from the dates that they want, they would also review jurisprudence. We have to be very clear when you study these precedents,” he added.

Puno is retiring on May 17, a week after the presidential elections.

His retirement is well within the election ban on appointments.

Under Article VII, Section 15 of the Constitution, the President is barred from making appointments two months immediately before the presidential elections “except temporary appointments to executive positions when continued vacancies therein will prejudice or endanger public safety.” (Edmer Panesa)