Henares defends Aquino’s appointive power

Bureau of Internal Commissioner Kim Jacinto-Henares. INQUIRER FILE PHOTO

MANILA, Philippines—President Benigno Aquino III can nominate and appoint the next Chief Justice, Bureau of Internal Commissioner Kim Jacinto-Henares said Thursday.

“There is nothing preventing the President from nominating anyone. It is his right to do that, but I do not know if he will do that,” Henares said at a press conference.

Henares said under the law, any Filipino citizen can nominate their choice for the head of the judiciary “and the President is a Filipino.”

Under Article 8 of the Constitution, the Judicial and Bar Council (JBC) screens nominees to the judicial and Ombudsman positions and recommends it to the President. The President then, has 90 days to make the appointment.

Henares is one of the names reportedly being considered to replace former Chief Justice Renato Corona who has been removed from office through impeachment.

The BIR chief, however, said she has not discussed possible nomination with the President.

Henares said she will not apply for the Chief Justice position but if nominated, she sees it as an “opportunity.”

“It is an opportunity. It’s an honor to be mentioned as one of the candidates,” Henares said.

Regarding growing calls that she should decline the nomination out of delicadeza because she testified against Corona in the impeachment trial, Henares said that was part of her job.

“It should not be one of the reasons for me to decline the invitation. But for doing the right thing, I am not considered, then so be it,” she added.