Senior Associate Justice Antonio T. Carpio of the Supreme Court has manifested his interest in being considered as one of the possible successors to Chief Justice Reynato S. Puno, who is retiring on May 17.

But Carpio said his acceptance of the Judicial and Bar Council (JBC) nomination is subject to the condition that the next President will appoint the next SC chief.

In a letter dated January 26, Carpio told the JBC Secretariat that he was “truly honored to be one of those considered by the JBC for the highest position in the Judiciary.”

"I hereby manifest to be nominated for the position, on the understanding that my nomination will be submitted to the next President of the Philippines in view of the ban on presidential appointments starting 11 March 2010 until 30 June 2010 under Section 15, Article VII of the 1987 Constitution,” Carpio added.

Carpio is taking a position similar to that of Associate Justice Conchita Carpio Morales, who was also among those being considered by the JBC for the top SC post.

Both Carpio and Morales want the JBC to submit its shortlist of nominees to the next Chief Executive, who will be elected on May 10.

Their stance echoes the position earlier taken by various sectors and legal personalities that outgoing President Arroyo cannot name Puno’s replacement since this would violate the election appointments ban.

But others are saying that Mrs. Arroyo can appoint the next Chief Justice claiming that the ban only covers officials in the Executive branch. Besides, they said, the Constitution mandates the President to fill up the vacancy in the judiciary within 90 days from submission of the JBC shortlist.

SC spokesperson and newly installed Court Administrator Jose Midas Marquez said the JBC has yet to discuss the letters submitted by Morales and Carpio.