Akbayan asks SC to junk petitions for Arroyo's appointment of CJ

A second militant group, this time the party-list Akbayan, on Thursday filed a motion asking the Supreme Court to bar President Gloria Macapagal-Arroyo from appointing the replacement of Chief Justice Reynato Puno. In asking the High Court to junk the petitions favoring the President's prerogative to make such appointments, current Akbayan Rep. Walden Bello and Loretta Ann Rosales, also a former Akbayan representative, dismissed as baseless the petitioners’ argument that a duly appointed Chief Justice is necessary in order to resolve election-related cases that may erupt in connection with the May 10 polls. Citing section 12 of the old judiciary act, Akbayan argued that there was no reason to fear such a vacuum since SC's most senior magistrate could assume the post of acting Chief Justice during the period of vacancy, from Puno’s date of retirement on May 17 until the incoming President shall have appointed a new Chief Justice. “Hence there will be no danger that the Court will be unable to exercise its constitutional functions," the group said. This is the second time that a group has made legal moves to block Mrs. Arroyo from appointing the next Chief Justice. Last Monday, the militant National Union of People's Lawyers (NUPL) stressed that an outgoing president is prohibited from making appointments 60 days before the presidential elections and until June 30. "In (her) desire to appoint a new chief justice, President Arroyo will be transgressing several laws and the Constitution and will also be breaking a long tradition already in place in our judicial system, and will also be encroaching upon the powers and the independence of the judiciary," the NUPL said. (See: Lawyers block moves to allow Arroyo to appoint new SC chief) The Philippine Constitution Association and lawyers Jaime Soriano, Arturo de Castro, and former solicitor general Estelito Mendoza had argued in their petitions that Mrs. Arroyo can pick Puno’s successor because the constitutional prohibition on appointments during the election period does not apply to positions in the judiciary. In a separate 12-page taxpayers’ suit, De Castro also said that the Judicial and Bar Council (JBC) is not given the constitutional mandate to decide if it can or cannot submit to Mrs. Arroyo a list of nominees for the Chief Justice post. JBC, the body tasked to screen and recommend nominees to vacant judicial posts, earlier said there was no urgency to submit the shortlist to President Arroyo. (See: JBC opens nomination for next chief justice) Puno will hang his robe on May 17, his 70th birthday. The Constitution mandates that any vacancy in the SC should be filled within 90 days of the occurrence. Akbayan argued that the next president can appoint Puno’s successor “anytime from June 30, 2010 to August 15, 2010" without violating the Charter.—JV, GMANews.TV