The Judicial and Bar Council (JBC) has decided to defer to the Supreme Court on the issue of whether or not President Arroyo could still appoint the successor of outgoing Chief Justice Reynato S. Puno despite the ban on election appointments.

Chief Justice Puno will retire on May 17, which is within the election period when midnight appointments are prohibited by the Constitution.

In a pleading filed through its ex-officio secretary and SC Clerk of Court Ma. Luisa Villarama, the eight-member JBC told the High Tribunal: “Since the Honorable Supreme Court is the final interpreter of the Constitution, the JBC will be guided by its decision in these consolidated petitions and administrative matter.”

The JBC, together with the Office of the Solicitor General (OSG), was earlier directed by the High Court to comment on various petitions asking the latter to resolve the legal and constitutional issues involving the appointment of the next Chief Justice.

Lawyers Estelito Mendoza, Arturo De Castro, and the Philippine Constitution Association (Philconsa), represented by its chairman Conrado Estrella and president Manuel Lazaro, said President Arroyo can appoint Puno’s replacement despite the appointments ban provided under Article VII, Section 15 of the 1987 Constitution.

On the other hand, the Davao del Sur Chapter of the Integrated Bar of the Philippines (IBP) and three lawyers filed their respective oppositions-in-intervention in the case involving the appointment of Puno’s successor.

The IBP-Davao Chapter and lawyers Nestor Leynes III, Christian Robert Lim and Peter Irving Corvera, president of the IBP-Pasay, Parañaque, Las Piñas, and Muntinlupa Chapter, asked the SC to dismiss the petitions that would have President Arroyo appoint the next Chief Justice despite the election appointments ban rule.

Malacañang has said President Arroyo intends to appoint Puno’s replacement when he retires on May 17.

The elections ban against appointment starts on March 10, two months before the May 10 presidential elections and lasts until June 30.

The JBC had earlier decided to start processing the nominations for the next SC chief but deferred its decision on when to submit the shortlist of nominees for Puno’s successor to the “proper appointing authority.”

The JBC is composed of Chief Justice Puno as ex-officio chairman, and Justice Secretary Agnes Devanadera, Senator Francis Escudero and Quezon City Rep. Matias Defensor as ex-officio 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 (JBC) representative Atty. J. Conrado Castro.

During its February 8 meeting, the JBC decided to announce the list of six candidates to replace Puno. These are SC Associate Justices Antonio T. Carpio, Renato C. Corona, Conchita Carpio Morales, Teresita Leonardo de Castro and Arturo D. Brion, and acting Sandiganbayan Presiding Justice Edilberto G. Sandoval.

Since then, comments and oppositions against some of the candidates have been received by the JBC.

In accordance with its rules, the JBC required the candidates to comment on the opposition against their nominations.

The JBC, in its comment filed with the SC, said the next stage of the process will be the public interview of the candidates.

It added, “The preparation of the shortlist of candidates has yet to be undertaken by the JBC as of this date, including the interview of the constitutional experts, as may be needed.”

“Likewise, the JBC has yet to take a position on when to submit the shortlist to the proper appointing authority, in light of Section 4(1), Article VIII of the Constitution, which provides that vacancy in the Supreme Court shall be filled within 90 days from the occurrence thereof, Section 15, Article VII of the Constitution concerning the ban on presidential appointments… and Section 261 (g), Article XXII of the Omnibus Election Code of the Philippines.