Palace recognizes Corona

Ombudsman Gutierrez’s appointments also acknowledged
By GENALYN KABILING
August 4, 2010, 4:57pm

After questioning the past government for putting them in office, Malacañang has finally recognized the validity of appointments of Chief Justice Renato Corona and Ombudsman Merceditas Gutierrez.

The two officials were excluded in the Executive Order No. 2 issued by President Benigno C. Aquino III that nullified hundreds of midnight appointments made by former President Gloria Macapagal Arrroyo towards the end of her term.

At least 977 appointments, from undersecretaries to directors of government agencies, were revoked by the President.

Chief Presidential Legal Counsel Eduardo de Mesa said they acknowledge the lawful appointment of Corona, especially after the Supreme Court upheld such designation made by former President Arroyo.

“That should be obvious by now. The President has acknowledged Justice Corona as Chief Justice,” De Mesa said in a news conference in the Palace when asked if the Palace has accepted Corona’s appointment especially since he was not included in EO 2.

Presidential Spokesman Edwin Lacierda also agreed that the Palace bows to the Supreme Court ruling that recognizes the legal appointment of Corona.

Lacierda, in the same press briefing, recalled that Mr. Aquino had refused to recognize Corona’s appointment prior to the SC decision. Mr. Aquino even took his oath as President before another SC magistrate last June 30 in apparent protest to Corona’s designation by his predecessor.

“Now that there is a decision, that’s settled,” Lacierda said. “The branches of government are duty bound to respect the Supreme Court decision,” he said.

Lacierda also cited that the President had actually acknowledged Chief Justice Corona in a recent Red Mass celebrated at the Manila Cathedral as well as in his first State of the Nation Address before Congress. “There is no more issue on Chief Justice-ship of Corona,” he said.

In the case of Ombudsman Gutierrez, De Mesa asserted that the term of the Ombudsman will expire in 2012. He also dispelled speculations that the government is out to remove Gutierrez from office, saying there is no discussion about her replacement as the country’s chief graft-buster.

He said the President is expected to take his advice that Gutierrez is serving a new full term of seven years, and not the unexpired term of her predecessor.

Critics of Gutierrez have questioned the legality of her appointment as Ombudsman, insisting she was merely serving the unexpired term of then Ombudsman Simeon Marcelo, which ended last year. Gutierrez replaced Marcelo in November 2005.

De Mesa, meantime, said they would still re-check if any midnight appointment was made to the judiciary made after March 10, the start of the constitutional ban on appointments. “I don’t recall of any appointments to judiciary made after March 10. We have to look into that,” he added.

Last month, Malacañang bared plans to remove Gutierrez from office, including filing an impeachment case against her, due to supposed doubts on her resolve to prosecute erring public officials allied with the Arroyo administration. Other options reportedly considered were questioning the legality of Gutierrez’s term and asking her to retire early.

At that time, Lacierda claimed that they have doubts on Ombudsman Gutierrez due to her close ties with former First Gentleman Jose Miguel Arroyo. This was proven when the Ombudsman cleared then President Arroyo and her husband of any liability in the bribery-tainted broadband project due to her immunity from suit and insufficient evidence, respectively.

Gutierrez, a former classmate of Mr. Arroyo at the Ateneo de Manila University, inhibited herself from the case.