MANILA, Philippines ? The Supreme Court has been asked not to surrender its independence to the President of the Philippines.

In a 26-page motion for reconsideration, lawyer Jaime N. Soriano said the high court should ?pursue the loftier path of judicial independence? by appointing the next chief justice when the incumbent Reynato Puno retires May 17.

Soriano maintained that under Article VIII Section 5 (6) of the Constitution, the Supreme Court shall ?appoint all officials and employees of the judiciary in accordance with the Civil Service Law.?

In its March 17 decision in which the high court ruled that President Gloria Macapagal-Arroyo could appoint the next chief justice, Associate Justice Arturo Brion, in his separate concurring opinion said that the correctness of Soriano?s interpretation of such provision was contradicted by history and the law itself.

Brion explained that history showed that the chief justice has always been appointed by the President from the time of Cayetano Arellano, the first chief justice.

Brion added that the 1987 Constitution confirmed that the chief justice was a member of the Court, thus Section 9, Article VIII of the Constitution which provides that ?the members of the Supreme Court and Judges of lower courts shall be appointed by the President from a list of at least three?? included the chief justice.

But Soriano said such pronouncements made by Brion gave the impression that ?the present stand of this Honorable Court seems to surrender or yield its express constitutional authority under Section 5 (6) in favor of the President on the basis of constitutional history and long-years of perceived judicial tradition.?

Soriano told the high court that it should clarify if the word ?all? under Section 5 (6) did not include the chief justice.

Petitioner asked the high court to reverse its March 17 decision. At the same time, he asked the high court to immediately start its own internal proceeding en banc (full court) to select the replacement of Chief Justice Puno.

Soriano?s petition was discussed in the high tribunal?s en banc session this Tuesday but no decision would be made as motions for reconsideration against its March 17 decision continued to be filed before the high court.

The Judicial and Bar Council (JBC) also deferred its decision on whether to submit a list of nominees to President Arroyo pending the decision of the Supreme Court.

Aside from Soriano, lawyer Christian Lim, the Bagong Alyansang Makabayan and other cause oriented groups, as well as partylist group Akbayan, and the Integrated Bar of the Philippines filed their respective motions for reconsideration.