MANILA, Philippines--President Gloria Macapagal-Arroyo should leave it up to the Supreme Court to decide who would sit as acting Chief Justice when Reynato Puno retires on May 17 this year, Senator Miriam Defensor-Santiago said.
Santiago, an ally of Arroyo, said the President should just allow the high tribunal to pick an acting Justice until the appointment of a new one by the next President.
"President Arroyo should inhibit herself from making the appointment," she said in a phone patch interview with Senate reporters.
?Assuming for the sake of argument that she does have the power, she should not even exercise it because it will (cast) doubts in the minds of the ordinary Filipino voter that the President is over-extending herself," she said.
"So I believe that the best solution would be to leave the Supreme Court alone, to decide among themselves who will be acting Chief Justice," Santiago said.
The senator also called on the Judicial Bar Council (JBC) not to be a party to what she said appeared to be a "conspiracy" to control the position of the Court Justice.
"The JBC, I think, should refrain from making any recommendation to the President at this point for it might become a party to...what appears to be a conspiracy to control the position of Chief Justice," she said.
With the JBC's participation, Santiago said the President cannot "unilaterally" proceed with the appointment of a new Chief Justice.
"She can't go ahead and unilaterally proceed with the appointment process because it (would require) the participation of the JBC," she said.
"Her appointment will, therefore, become void," the senator added.
Earlier, Quezon City Representative Matias Defensor, a member of the JBC urged his colleagues to ?commence the procedure in nominating the applicants and immediately submit to the president the list of at least three nominees for the position of chief justice.?
Defensor reiterated the need for the President to appoint Puno?s replacement, saying there should not be a vacuum in the highest post in the judiciary.
He said the country could not wait for the next president to appoint the new chief justice because it would probably take up to September before the new president can make the appointment.
The JBC is composed of eight members from the academe, private sector, retired members of the judiciary, legislative, and executive departments. The chief justice chairs the JBC.
It is tasked with submitting a list of nominees from which the president chooses to fill up a vacant position in the Supreme Court.