Corona warned vs accepting appointment as chief justice

Supreme Court Associate Justice Renato Corona can be sanctioned for violating the Constitution if he accepts his appointment as chief justice, according to the Philippine Bar Association (PBA). Because of this, PBA president and former Ombudsman Simeon Marcelo urged Corona to reject the appointment, especially since he, Corona, is “tainted" by his close association with President Gloria Macapagal-Arroyo. “He should reject also because he’s tainted already. He follows what the incumbent President wants. There’s great doubt on his independence and [that he is] out to protect [the] President from suits," Marcelo said. Malacañang on Wednesday announced that President Arroyo has chosen Corona to replace Chief Justice Reynato Puno, who will retire on May 17. (See: Arroyo selects Corona as next Supreme Court chief justice) Supreme Court spokesman Jose Midas Marquez, however, said Malacañang has yet to officially transmit Corona’s appointment papers to them.

Marcelo said Corona would violate the Constitution if he accepts the appointment considering that the March 17 and April 20 rulings of the Supreme Court have yet to attain finality. Despite a constitutional ban on appointments by an incumbent president during an election period, the SC decisions allowed President Arroyo to pick the next chief justice on the argument that the constitutional provision did not apply to the position of chief justice. (See: Supreme Court allows Arroyo to appoint next chief justice) “There’s culpable violation of Constitution in accepting the appointment because the SC ruling is not yet final. I will consult with board of PBA on this issue but personally I think an impeachment case should be filed," Marcelo said, adding that he himself would support the impeachment. The PBA has filed a second motion for reconsideration asking the SC to reverse its March 17 decision and April 20 resolution declaring that the appointment ban does not cover the chief justice position. Prelate, labor group issue similar warnings As this developed, Jaro Archbishop Angel Lagdameo challenged Corona to defend the integrity of the judiciary instead of showing loyalty to President Arroyo. Lagdameo, who is a former Catholic Bishops’ Conference of the Philippines president, said Corona must be committed to the rule of law even if it means defying Mrs. Arroyo. “I hope the incoming the chief justice will maintain the independence of the Supreme Court and not be influenced by ‘utang na loob’ to the President," Lagdameo said in an article posted Wednesday night on the CBCP news site. For its part, a militant laborers’ group likened Corona to a “thorny crown" placed on the head of President-apparent Sen. Benigno “Noynoy" Aquino III. “By appointing the justice who is most loyal to her to head the Supreme Court, Arroyo is passing a thorny crown to Sen. Aquino. She is leaving yet another ugly legacy to the next administration and to the Filipino people," said Kilusang Mayo Uno chairman Elmer Labog, in an article on the KMU website. Labog pointed to the high court’s records which showed that Corona, who served as Arroyo’s chief of staff when she was vice president, usually voted in favor of the administration. He added Mrs. Arroyo’s appointment of Corona may disrupt the supposed smooth transition to the next administration. “Clearly, Arroyo’s appointment of Corona raises questions as to how a ‘smooth transition’ to the next administration will happen. It will test Aquino’s resolve to undo Arroyo’s last-minute deals and appointments and to prosecute Arroyo," he added. Also, Labog said Corona’s appointment may pose problems in realizing the people’s demand to hold Arroyo accountable for various scandals under her watch. KMU thus said workers will not hesitate to mount actions to protest Corona’s appointment, and challenged Sen. Aquino to do his part. Marquez meanwhile defended the appointment, saying it is President Arroyo’s right if she wants to name Puno’s successor before May 17. “That is a prerogative of the President, provided that the effectivity [of the appointment] will be upon the retirement of Chief Justice Puno," he said. - KBK/JMA/JV, GMANews.TV