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Palace blinks on SC chief row, says JBC can defer list


It was Malacañang that blinked Saturday, in the row over the early naming of a new Chief Justice of the Supreme Court, saying the Judicial and Bar Council (JBC) can choose not to submit a list of nominees to President Gloria Macapagal-Arroyo. Cabinet secretary and former justice secretary Silvestre Bello III said that Malacañang sees no problem if the JBC will not submit for now any list of nominees for President Arroyo's consideration. There is no problem if the JBC will not submit a list of nominees, Bello said over government-run dzRB radio. "[But] the moment the JBC submits a list of nominees, the president does not only have the authority or the power, she has the obligation [to name a successor]," he added. Limited timeframe for succession Bello said that Mrs. Arroyo is obliged to select Chief Justice Reynato Puno's successor within a limited timeframe. "She has to comply with this constitutional mandate. Within 90 days of submission, she has to make an appointment. Otherwise she can be accused of violating the Constitution," he said. The JBC has started accepting applications for the next Chief Justice, even as Supreme Court spokesman Jose Midas Marquez assured the public of a thorough selection process. Constitutionalists had warned of a possible violation of the 1987 Charter by Mrs. Arroyo if she appoints a replacement for Chief Justice Reynato Puno ahead of the nationwide elections on May 10 and Puno's retirement on May 17. (See: Illegal acceptance of Chief Justice post is impeachable—Fr. Bernas) What the Constitution says Under Article VII Section 15 of the Constitution, "Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety." Puno's retirement falls within the 60-day period before the May 10 elections. However, Bello and other Palace officials had repeatedly cited Article VIII Section 4 that "any vacancy shall be filled within ninety days from the occurrence thereof." - TJD/JV, GMANews.TV

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