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President Arroyo can appoint the next Chief Justice - SC
Published in 2010

Voting 9-1-2-3, the Supreme Court (SC) on Wednesday ruled that President Gloria Macapagal-Arroyo can appoint the next Chief Justice to replace Chief Justice Reynato Puno who will retire on May 17, 2010.

SC Spokesman and Court Administrator Atty. Jose Midas Marquez said that the Court in an en banc session said that under Article 8 of the Constitution which covers the Judiciary, President Arroyo can make the appointment within 90 days upon the existence of the vacancy in the Judiciary.

Article VIII Section 9 of the 1987 Philippine Constitution provides that the President can make the appointments to the Judiciary within 90 days upon the existence of a vacancy in the Judiciary.

The SC also ordered the Judicial and Bar Council (JBC) to submit its shortlist of nominees of at least three to four names to the Office of the President (OP) on or before May 17.

The JBC is an independent constitutional body that screens nominees to the positions in the Judiciary and submits its shortlist of nominees of at least three to four names to the Office of the President (OP) whenever a vacancy occurs in the Judiciary.

In turn, the President has a period of 90 days within which to fill up the vacancy in the Judiciary.

Puno presided over the en banc session but did not participate in the deliberations and in the voting.

He will take his leave beginning Thursday until his retirement on May 17.

Associate Justice Lucas Bersamin wrote the decision saying that President Arroyo can appoint the successor to Chief Justice Puno when he retires.

The JBC was also directed to submit its shortlist to the incumbent President for the position of SC Chief Justice on or before May 17.

Bersamin, in his decision, said that the appointments to the Judiciary are not covered by the election ban.

Thus, he said, the President can appoint the members of the Judiciary from the position of Municipal Trial Court (MTC) judge up to the position of Chief Justice, because appointments to the Judiciary are not covered by the election ban.

Article VII Section 15 of the 1987 Philippine Constitution provides that the President cannot make an appointment, except on temporary appointment in the Executive Department, two months or 60 days prior to the next succeeding elections until the President's term expires.

Nine of the justices voted yes that the incumbent President can appoint the successor of Chief Justice Puno.

They are Associate Justices Lucas Bersamin, Arturo Brion, Teresita Leonardo de Castro, Diosdado Peralta, Mariano de Castillo, Martin Villarama, Jr., Roberto Abad, Jose Perez and Jose Mendoza.

Associate Justice Conchita Carpio-Morales voted no to the power of the incumbent President to appoint the next Chief Justice.

Associate Justices Antonio Eduardo Nachura and Presbitero Velasco, Jr., said that the petitions should be dismissed as they are "premature" as there is still no "actual case of controversy" to warrant the judicial determination of the Court.

Chief Justice Puno, and Associate Justices Antonio Carpio and Renato Corona inhibited from the deliberations and did not participate in the voting.

Marquez added that the petitioners can still file their motion for reconsideration within a "non-extendible" period of 15 days from today.

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