One of the frontrunners to replace retiring Chief Justice Reynato S. Puno has dropped out of the race, leaving the Judicial and Bar Council (JBC) just five candidates to choose from on who shall be included in the shortlist to be submitted to President Gloria Macapagal-Arroyo.

In his April 12, 2010 letter to the JBC, Senior Associate Justice Antonio T. Carpio of the Supreme Court (SC) reiterated his stand against the incumbent President appointing the next Chief Justice.

“In reply, I wish to reiterate that I am not interested to be nominated to the said position at this time,” Carpio said.

Carpio’s decision came a week before the scheduled public interview of candidates for Chief Justice scheduled on April 19 and 20, 2010.

With this new development, there are now only five official candidates for Chief Justice. They are SC Associate Justices Renato C. Corona, Conchita Carpio Morales, Teresita Leonardo De Castro and Arturo D. Brion, and acting Sandiganbayan Presiding Justice Edilberto G. Sandoval.

Next to Puno, Carpio is the second most senior magistrate of the 15-member High Court.

Carpio had earlier manifested his interest in being considered as one of the possible successors to Puno, who is retiring on May 17.

However, he said his acceptance of the JBC nomination was subject to the condition that the next President will appoint the new SC chief.

Carpio’s decision was an offshoot of the March 17 ruling of the SC allowing President Arroyo to appoint the next Chief Justice.

Voting 9-1, with three justices inhibiting and two others saying the case was premature, the SC ruled that appointments to the High Court are not covered by the constitutional ban on midnight appointments.

Section 15, Article VII of the Constitution prohibits President Arroyo from making appointments starting March 10 or two months before the next presidential elections and until her term ends on June 30.

The decision is not yet final as the SC has to resolve the various motions for reconsiderations filed before it.