MANILA, Philippines -- In a move that could bring to a head the issue of whether or not President Gloria Macapagal-Arroyo can appoint the next Chief Justice despite an election ban on appointments, a lawyer yesterday asked the Supreme Court to compel the Judicial and Bar Council to submit its list of nominees to the President.
Lawyer Arturo De Castro, a lecturer of Mandatory Continuing Legal Education and a bar reviewer of both the University of the Philippines and Ateneo De Manila University, asked for a writ of mandamus that would direct the JBC to submit its list of nominees to Ms Arroyo upon the retirement of Chief Justice Reynato Puno on May 17.
?The JBC acts with grave abuse of discretion in deferring submission of the list of nominees to the President under the pretext that it has to carefully weigh and consider the constitutional issue of whether the incumbent President may appoint the Chief Justice during the election ban under Section 15 of Article Seven of the Constitution,? the 12-page petition read.
The JBC has decided to start the nomination process for Puno?s post but deferred its decision on when and to whom it will submit the list of nominees because of the constitutional ban on presidential appointments 60 days before the President?s term ends on June 30.
Ms Arroyo?s allies believe she still has the authority to appoint the next Chief Justice arguing that the post of Chief Justice is not covered by the prohibition on midnight appointments.
?The JBC?s decision to defer submission of the list of nominees to the President is tantamount to a refusal to perform its constitutionally mandated duty, which may be compelled by a writ of mandamus,? the petition read.
?The JBC would be remiss in its duty to recommend appointees, as mandated by the constitution, if it would defer or refuse to send the list of nominees during the election ban on the ground that the President cannot appoint a Chief Justice during the ban? as this actuation clearly constitutes usurpation of the judicial adjudicatory function of the Supreme Court,? it added.
Some candidates to the post of Chief Justice, including Senior Associate Justice Antonio Carpio, have indicated to the JBC that their being considered for the post is with the understanding that the next President should be the one to make the appointment because of the prohibition against midnight appointments.
If the appointing process goes according to tradition, Carpio, as the most senior associate justice, would be the next Chief Justice.
The second most senior associate justice, Associate Justice Renato Corona, accepted his nomination without any condition on who should make the appointment.
Meanwhile, Carpio has asked the Supreme Court to look into the alleged leakage of court processes in connection with the case of Inter-Petal Recreation Corp. versus Philweb Corp.
Corona, in denying that he received a US trip in return for a decision favorable to Philweb, indicated that the lawyer who accused him of impropriety could have received information that was leaked by a member of the Supreme Court.
Carpio was the chair of the division that unanimously ruled on the case.
Corona said lawyer Fernando Campos, who accused him of impropriety before the JBC, exerted effort to dissociate Carpio from the decision while pinning him down on the basis of the verdict.
