A Malacañang official said Saturday that it is only the Judicial and Bar Council (JBC) which can decide whether or not the appointment of the next Chief Justice will be made by President Arroyo.

“If the JBC will not submit any list, walang problema (there is no problem) but the moment it submits a list of nominees, then the President does not only have the authority, she has the obligation and she has to comply with the constitutional mandate that within 90 days after the submission by the JBC, she has to make an appointment. Otherwise, she can be accused of violating the Constitution,” said Cabinet Secretary Silvestre Bello III.

Malacañang is counting on the independence of the JBC in selecting its nominees, saying it still has credibility to select those who will be nominated as new Chief Justice who will replace Chief Justice Reynato Puno when he retires on May 17.

Bello said while he has a high regard and respect for the opinion of constitutionalist Fr. Joaquin Bernas, who was his former professor in Constitution and Political Law, he insisted that the President has the authority to appoint the next Supreme Court justice as mandated by the Constitution.

Bernas, one of the framers of the 1987 Constitution, warned the President that it is a “very dangerous thing” to let the justices fight among themselves over the issue whether or not she can name Puno's successor, adding that it would only lose the credibility of the 15-man High Court.
 
“I don't see why there would be trouble or misunderstanding among the members of the Supreme Court. Remember it is the JBC that will screen and submit the list of the nominees.

When they submit the list of at least three, it would only mean that they recognize the appointing authority of the President. That's why I don't see any point that (they would fight among themselves),” Bello said in an interview over government-run DZRB.

Malacañang on Friday said it is awaiting the list of nominees from the JBC as it stood by its pronouncement that the President Arroyo still has the final say on the appointment of the new High Court chief.

It said the President will act immediately on the list to be sent by the JBC, but once it fails to submit the nomination list, she may take action to prevent “hiatus” in the High Court’s leadership.