The Judicial and Bar Council unanimously agreed Monday to start processing the nominations for the next Chief Justice of the Supreme Court in anticipation of a vacancy with the mandatory retirement of Chief Justice Reynato Puno on May 17.

The eight-member constitutional body, however, deferred its decision when to submit the shortlist of nominees to “the proper appointing authority” amid conflicting views as to whether or not President Arroyo could still name the next Chief Justice because of the constitutional ban on appointments by an outgoing president.

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

Its regular members include 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 Castro.

SC spokesman Jose Midas Marquez said that during its en banc session Monday morning, JBC members agreed to consult constitutional experts as to when they can submit the shortlist from where the “appointing authority” will pick the country’s next highest court official.

“As to the time to submit this shortlist to the proper appointing authority, in the light of the Constitution, existing laws and jurisprudence, the JBC welcomes and will consider all views on the matter,” Marquez told a press conference.

Marquez said the JBC will publish within the week in major dailies the opening of the Chief Justice post for applications or recommendations.

He said the JBC will then “deliberate on the list of candidates, make public the names of candidates, accept comments on or opposition to the applications, conduct interviews of candidates and prepare the shortlist of candidates.”

With the decision, the JBC partially approved Defensor’s earlier proposal to start the nomination process for the next Chief Justice. It has yet to decide on his other proposition which is to immediately submit the shortlist to President Arroyo.

Some sectors contend that the Constitution prohibits the sitting president from making any appointment two months before the presidential elections and until the expiration of his or her term.

However, there is another group saying Mrs. Arroyo can appoint the successor of Puno after he retires on May 17 since the President is mandated under the Constitution to appoint the Chief Justice within 90 days from the occurrence of a vacancy.

Puno’s retirement comes a week after the presidential elections in May 10 and 45 days before Mrs. Arroyo ends her term on June 30.

Marquez said the JBC is aware of different views regarding the matter and it would be prudent for the body to consider all such views.

He noted that this is only the first time that a Chief Justice post will be vacated during an election period.

“We have a different situation now. It is only now that we are doing it during an election period,” he said.

Marquez said the JBC believes it is incumbent upon the panel to start the nomination process given the fact that it has always submitted the shortlist to the President even before the retirement occurs.

“If they don’t start the nomination process now, when? What if the time comes that it has to submit the list and there is no list available? When do they start the process?” he asked.