By Carmela S. Quidoles
Last March 17, 2010, Supreme Court released a statement that allows President Arroyo to appoint the next Chief Justice. Supported by the law, they confirm that GMA does have the legal rights to make the said appointment.
According to Norberto Devera, former Regional Trial Court Judge in Iloilo, Arroyo can make such arrangement since there is no law under the Constitution that hinders the President from appointing a Chief justice.
“Within 90 days from date of vacancy, based from Article VIII Section 4 Judicial Department, the incumbent president must issue an appointment,” says Devera.
Chief Justice Reynato Puno will retire on May 17, 2010 which is within the 90-day period within which the President is enjoined to make the appointment.
“Arroyo can appoint because her term will expire on June 30, yet in which the date of retirement of Puno to the expiration of the term of the President, is still within the 90-day period,” says Devera.
Although there is another aspect which states that the President cannot make any appointment within 3 months prior to the holding of an election, this is declared under the Executive Department.
“Under Executive Department Article VII Section 15, 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,” as stated in the 1987 Constitution.
The provision points out that it does not include appointments on vacant positions in the judicial department. Also, Constitutional ban does not extend in the judiciary.
Article VIII Section 4 is of limited application and it is an exception to the prohibition of appointment, which is of general application.
Trust the Supreme Court
According to a Philippine Government Constitution Professor, Michael Antonio, whatever the Supreme Court decides, we must accept it.
“We must trust the Supreme Court since they are responsible for the interpretation of the Constitution,” says Antonio.
However, if there will be failure of elections, the Chief Justice may influence the selection of the next President.
The Electoral Tribunal will be the sole judge of all contests relating to the special election of the President and Vice-President. The Chief Justice, who will be the chairperson of this committee, will choose two other justices as part of the nine members of the Tribunal.
“Pwede naman mag-appeal (It is possible to make an appeal),” says Antonio regarding on the possibility to prevent Arroyo in appointing.
Petitions can be made as long as these are supported by the Constitution. “Remember, hindi ka pwedeng mag-appeal ng based sa opinyon lang (Remember, you cannot make an appeal based from opinion only),” says former Judge Devera.
The Philippine Bar Association, National Union of Philippine Lawyers, and Akbayan are some of the organizations who petitioned the said appointment.
