All eyes will be on the Judicial and Bar Council (JBC) Monday as it is expected to decide whether or not to start the process of nominating possible replacements for Supreme Court Chief Justice Reynato Puno even before he retires in May. This developed as the High Court reiterated its appeal for the public to avoid speculations about Puno’s retirement and allow JBC members to resolve the matter.

“Let’s give JBC a chance. Let’s not preempt the JBC,” said SC spokesman Jose Midas Marquez. The JBC, a constitutional body that screens and nominates appointments to the judiciary, has been urged to start the nomination process amid debates as to whether President Arroyo could still appoint a replacement for the outgoing Chief Justice.

Puno is set to retire on May 17 upon reaching the mandatory retirement age of 70. It comes a week after the presidential elections and 45 days before Mrs. Arroyo ends her term on June 30.

The Constitution, however, prohibits the sitting president from making any appointment two months before the presidential elections and until the expiration of his or her term. As the JBC resumes its session this morning, Marquez said its members are probably ready to vote on the issue after reviewing the history of appointments of past Chief Justices and other related jurisprudence.

The JBC is composed of Puno as ex-oficio chairman, with Justice Secretary Agnes Devanadera, Senator Francis Escudero and Quezon City Rep. Matias Defensor as ex-oficio members.

It also has four regular members, namely: retired SC Justice Regino Hermosisima Jr.; Dean Amado Dimayuga, who represents the academe; Justice Aurora Santiago Lagman, representing the private sector; and Integrated Bar of the Philippines representative J. Conrado P. Castro.

Marquez said the JBC is in a position to resolve the issue with its constitutional mandate to screen nominees to vacancies in the judiciary. He said the public can expect its members to exercise their independence.

“You have witnessed the independence of the JBC. That is undoubted,” the court spokesman said.

Debates as to whether President Arroyo could appoint the next Chief Justice despite the constitutional ban started when Defensor urged his fellow JBC members to start the nomination process and immediately submit to the President the list of at least three nominees for the highest post in the judiciary.