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JBC opens nomination for next chief justice


(Update 3 – 8:48 PM) The Philippines’ Judicial and Bar Council (JBC) has “unanimously" agreed to start nominations for the replacement of the country’s outgoing Chief Justice Reynato Puno. The selection process will kick off this week, Radio dzMM quoted Justice Secretary Agnes Devanadera as saying. The JBC, tasked by the 1987 Constitution to submit nominees for vacant judicial posts, will seek experts’ opinions whether it was legal to find a replacement for Puno. This has prompted Malacañang to reiterate what it has said all along: That President Gloria Macapagal Arroyo can appoint the replacement of Puno despite conflicting Constitutional provisions regarding the matter. The announcement, which was made by Cabinet Secretary Silvestre Bello III, cited JBC’s decision to open nominations for Puno’s replacement. Set to retire seven days after the May 10, 2010 elections, Puno is the only non-Arroyo appointee to the 15-member High Court. “If the JBC chaired by the Chief Justice will start processing, then that impliedly recognizes the authority of the President to appoint," Bello said. “We are being sustained by the JBC which is a branch of the Supreme Court." Section 15, Article VII of the Philippine Constitution – which prohibits the incumbent from appointing anyone to any executive position two months before a presidential election – does not apply in Puno’s case, Arroyo’s allies claim. Instead, Section 4(1), Article 8 – which mandates that a Supreme Court vacancy should be filled within 90 days once the position remains vacant – is the provision that should be considered. Bello recognized that conflicting Constitutional provisions covering Puno’s replacement need to be reconciled. But at the same time, he said that “the [better] interpretation that would give life and prevent hiatus should be given the better interpretation." The post of Chief Justice should not be allowed to stay unoccupied, especially since the Chief Magistrate chairs the Presidential Electoral Tribunal, which hears poll protests involving the president and the vice-president. The JBC should be allowed to fulfill its mandate “without politicizing it by throwing wrong perceptions, intentions, and motivations," Bello added. The Cabinet Secretary also dismissed allegations from the opposition that the President Arroyo is rushing to appoint Puno’s replacement to protect her from suits as soon as she steps down in June 30. Fourteen of 15 Supreme Court justices are Arroyo appointees but the body has acted independently, even opposing Malacañang’s positions, Bello said. Bello cited the High Court’s decision to reject the Memorandum of Agreement on Ancestral Domain (MOA-AD) between government and the Moro Islamic Liberation Front owing to constitutional infirmities. “The Office of the President was embarrassed on MOA-AD issue. You can see their behavior and decisions differed with the President even if they are appointed by the President. They took into account the facts of the case and the proper legal application...Don't worry," he said. UP Law faculty contradicts Malacañang’s interepretation On the same day, thirty faculty members of the University of the Philippines College of Law contradicted Malacañang’s interpretation, asserting that “the clearest textual reading of the Constitution is that the incumbent President cannot appoint the next chief justice." Besides pointing out that the Chief Justice position “is not an executive position," the appointment is neither temporary, said the statement, which was endorsed by 30 UP Law professors. “Whoever is appointed sits until her/his retirement at the age of 70 years old or sooner upon her/his resignation," the statement said. “The retirement of Chief Justice Puno, on the eve of May 17, 2010, is well within the period of the constitutional ban on appointment." UP Law Faculty members also urged the JBC to defer from transmitting the nominees’ names for the Chief Justice position until after a new President assumes office. The group also asked Arroyo to restrain herself “for the sake of judicial independence and respect for the Rule of Law." Council defers submission of shortlist Although the eight-member JBC voted to open nominations for Puno’s replacement, it nevertheless deferred submission of a shortlist of nominees to President Arroyo. “There is urgency to come up with a shortlist but there is no urgency to submit it [to the President]," Supreme Court spokesman Jose Midas Marquez told reporters in a press briefing. The JBC’s eight members include Puno, who sits as ex-officio member, Justice Secretary Agnes Devanadera, Sen. Chiz Escudero, Rep. Matias Defensor, retired SC justice Regino Hermosisima, Dean Amado Dimayuga Jr., Atty. J. Conrado Castro, and retired CA justice Aurora Santiago-Lagman. The council will publish the opening of the position for applications or recommendations so that members may soon deliberate on the list of candidates and publish the names of candidate, Marquez said. “As to the time to submit this shortlist to the proper appointing authority, in the light of the Constitution, existing laws and jurisprudence, the JBC welcomes and will consider all views on the matter," he said. This includes enlisting assistance of experts who will determine the legal implications – if any – of submitting a shortlist before March 10, the start of the election ban on appointments. Three to five of the Supreme Court’s most senior justices are automatically included in the JBC’s shortlist unless those picked beg off. Among those being considered for the position, according to seniority, are: Associate Justices Antonio Carpio, Renato Corona, Conchita Carpio-Morales, Presbitero Velasco Jr., and Antonio Eduardo Nachura. - GMANews.TV
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