MANILA, Philippines?A former member of the 1986 Constitutional Commission, who also served as chairman of the Commission on Elections in the ?90s said the appointment of the Supreme Court?s chief justice was not exempted from the ban on midnight appointments by a sitting President.

Former Commission on Elections Chairman Christian Monsod, a member of the 1986 Constitutional Commission that drafted the now prevailing 1987 Constitution, said on Thursday that, as far as he could recall, the provision in the Charter against midnight appointments covered appointments to the post of chief justice.

?It's amusing because the Supreme Court added an exemption when there is none. There was no ambiguity in the Constitution, the ambiguity is in the mind of the justices,? he said.

Monsod, said that just like the Supreme Court during the time of President Ferdinand Marcos' dictatorial rule, the current Supreme Court may have become an ?Arroyo Supreme Court? after it bowed to Malacañang?s views that the appointment of the next chief justice was not covered by the ban on appointments during the election period.

Monsod expressed disappointment about the Supreme Court's decision effectively allowing President Gloria Macapagal-Arroyo to name the next chief justice despite a provision in the Constitution that has been meant as a guard against midnight appointments. A provision in the 1987 Constitution states that a President could not make appointments two months before the general elections and 30 days before the expiration of the President?s term.

?I'm saddened by this. I thought we will not have a 'Marcos Court' like before. Now we have an 'Arroyo Court' that is specially accommodating to the wishes of the President. The reputation and independence of the Supreme Court has suffered a great deal. It's a pity, they tarnished their image,? Monsod told the Philippine Daily Inquirer in a phone interview.

He recalled that the Supreme Court also sided with Malacañang in its March 2008 decision involving the invocation of executive privilege to prevent Congress from compelling Cabinet members to testify on matters that Malacañang would deem a threat to national security and diplomatic affairs.

However, Monsod said the Supreme Court's decision was not actually ?history changing? since the 14 other justices were Arroyo appointees.

The bigger issue, he added, would be whether the Supreme Court would allow, as some administration allies in Congress have been proposing, that Arroyo continue serving as ?holdover president? in case of failure of elections.

?Maybe they'll switch sides on the issue of the holdover president. Maybe the Supreme Court can vindicate itself on that one,? he said.

Monsod, a member of the 1986 Constitutional Commission that drafted the current Constitution, said that as far as he recalled, the appointment of the Supreme Court Chief Justice was not excluded from the ban on midnight appointments.

Meanwhile, a coalition calling itself Sagip Korte Suprema (Save the Supreme Court) Movement was launched at the National Press Club (NPC) office in Intramuros, Manila, in reaction to decision of the Supreme Court to allow Ms Arroyo to appoint the next chief justice.

The lead conveners of movement include the members of the Philippine Bar Association, Integrated Bar of the Philippines, Manananggol, CPAs for Transparency, Magdalo, National Federation of Labor Unions, PSLInk, Association of Genuine Labor Organizations, Libertas, Pro-Labor, Alliance of Concerned Teachers, among others.

Laywer Potenciano Flores, the movement's interim chair, said their first move would be call on all presidential candidates to sign a covenant with the people to oppose the midnight appointment of the Chief Justice and reject Ms Arroyo?s appointee.

?The 'Compact with the People,' will be under the care of the National Press Club. Presidential bets intending to sign the compact would just have to visit the NPC offices in Manila within one week from their receipt of the copy,? Flores said.

?We deplore what seems to be the determination of President Gloria Macapagal-Arroyo to appoint a Chief Justice during the constitutional ban on appointments. We commit ourselves to preventing a midnight appointment of Chief Justice by President Gloria Macapagal-Arroyo.We bind ourselves with the people, and covenant with one another, that whoever among us becomes the next President of the Republic shall REJECT any midnight Chief Justice appointment by President Gloria Macapagal-Arroyo,? read the dispositive part of the compact.

Other activities lined up by the group include pickets, forums, rallies and similar actions to press the JBC not to submit a short list to Ms Arroyo. It will also intervene in the motions for reconsideration to be filed by other groups with the Supreme Court.

In a related development, the Ang Kapatiran Party standard bearer, JC delos Reyes, joined other presidential candidates in condemning the Supreme Court decision.

?Since there might be a midnight appointment, then there would be a 'midnight justice' of a seemingly midnight Supreme Court. Violating the Constitution, statutes, jurisprudence even basic delicadeza has become the standard. We need to reformat this government as viruses of padrino politics have shattered the nation's central processing unit,? Delos Reyes, comparing the government to a computer, said in a text message.