Palace: Timetable for Merci’s replacement now up to JBC

Section 9 of Article XI of the 1987 Constitution provides: “All vacancies [as regards the Ombudsman and Deputy Ombudsman] shall be filled within three months after they occur." This means that President Benigno Aquino III has until Aug. 6 to appoint Gutierrez’s successor. Under the same constitutional provision, the President must appoint the new Ombudsman from a list of three nominees submitted by the Judicial and Bar Council. It can be argued that the first Ombudsman that Aquino appoints can only serve out Gutierrez’s remaining term, that is, only until Dec. 1, 2012. In other words, the next Ombudsman might only serve for little less than one year and four months. In fact, Gutierrez herself replaced former Ombudsman Simeon Marcelo who had resigned in November 2005 in the middle of his term after having served for only three years. However, Section 8 of Republic Act 6770 or the “Act providing for the functional and structural organization of the Office of the Ombudsman" states that “In case of vacancy in the Office of the Ombudsman due to death, resignation, removal or permanent disability of the incumbent Ombudsman, the Overall Deputy shall serve as Acting Ombudsman in a concurrent capacity until a new Ombudsman shall have been appointed for a full term." This means the new Ombudsman that Aquino appoints could be given the full seven year term of office. The next Ombudsman, as well as Gutierrez, are both not entitled to reappointment and are disqualified from running for any office in the next elections. Section 8 of the same Article of the Constitution provides that the Ombudsman must be a natural-born citizen of the Philippines, and at the time of his or her appointment, be at least forty years old, of recognized probity and independence, and must have – for ten years or more – been a judge or engaged in the practice of law as a member of the Philippine Bar. The next Ombudsman must also not have been a candidate for any elective office in the 2010 elections. Under the same constitutional provision, the next Ombudsman would during his or her tenure be prohibited from holding any other office or employment. Neither shall the new Ombudsman practice any other profession or be in the active management or control of any business, nor be financially interested in any government contract or franchise. Marlon A.R. Tonson