Filtered By: Topstories
News

Philconsa: Arroyo can appoint next chief justice


A group of constitutionalists has no qualms about President Gloria Macapagal-Arroyo appointing the next chief justice despite a constitutional provision supposedly prohibiting it two months before an election. Members of the Philippine Constitution Association (Philconsa) even want the Supreme Court to compel the Judicial and Bar Council (JBC), the body that screens nominees to vacant judicial posts, to submit its shortlist to President Arroyo. In a 20-page petition, Philconsa, through its president Manuel Lazaro, said the election ban in the Constitution covers only appointments in the executive department and not in the judiciary. The group pointed out that the only restriction cited by the Constitution is that the president must appoint from the list submitted by the JBC. “To apply Section 15, Article VII in the appointments to the judiciary would be a subtle and insidious sabotage of the designed autonomy/independence of the judiciary. The objective would be illusory as the process of appointments to the judiciary would be politically tainted," the resolution read. Under Section 15, Article VII, the incumbent president is disallowed – for two months before a presidential election – from making any appointments, except temporary ones, “to executive positions when continued vacancies therein will prejudice public service or endanger public safety." De Castro, in his petition, said the appointment of a chief justice during election ban is justified by paramount public interest. Chief Justice Reynato Puno is set to retire from office on May 17, 2010 upon reaching the mandatory retirement age of 70. The Philconsa also asked the SC to also include in its shortlist Senior Associate Justice Antonio Carpio, Conchita Carpio-Morales and Ombudsman Special Prosecutor Dennis Villa-Ignacio despite their condition that their names be submitted to the next president. The petitioner further said that the JBC is not bound by the nominees conditions, such as those cited by Carpio, Morales and Villa-Ignacio in their acceptance of their nominations. “The JBC has no power to settle issues. There is nothing to prevent the JBC from including said nominees in the list to be submitted," he said. - KBK/GMANews.TV

LOADING CONTENT