Bill to prohibit Arroyo from 'midnight' judicial appointments

Militant lawmakers on Tuesday sought to prohibit President Gloria Macapagal Arroyo from making "midnight appointments" to judicial positions, including a post to be vacated by Chief Justice Reynato Puno once he retires in May. The move came even as the Judicial and Bar Council (JBC) announced that it has opened nominations for the new Supreme court chief justice. [See: JBC opens nominations for next chief justice] In House Bill No 7109, Bayan Muna Representatives Satur Ocampo, Teddy Casino, and Neri Colmenares cited Section 15, Article VII of the 1987 Constitution in seeking to bar the President from making "midnight appointments." Under the provision, the incumbent is disallowed – for two months before the next presidential elections – from making any appointments, except temporary ones, “to executive positions when continued vacancies therein will prejudice public service or endanger public safety." Puno is set to retire seven days after the May 10, 2010 elections. He is the only non-Arroyo appointee in the 15-member High Court. According to the Bayan Muna representatives, the Supreme Court decision in In Re Villarta and Valenzuela dated Nov. 9, 1998 also said that the President is prohibited from appointing members of the judiciary within two months from an election and until the end of his or her term. The decision nullified the appointments to the judiciary made by then president Fidel V. Ramos within the prohibited period, the lawmakers said. "The traditional notion of delicadeza also requires that an outgoing president should give the incoming president the discretion to appoint public officials, including members of the judiciary and the Chief Justice of the Supreme Court, especially if an outgoing president will most likely be haled before the judiciary for acts committed during his or her administration," the militant lawmakers added. Casino said in a press conference that they expect congressmen who support presidential candidates to support their measure. "I think their allies will be receptive to this bill," he said. Earlier, Liberal Party standard bearer Senator Benigno Simeon "Noynoy" Aquino III, the consistent leader in polls on preferred presidential bets, has said that if elected, he would not recognize whoever Mrs. Arroyo appoints to replace Puno. - GMANews.TV