JBC defers discussion on chief justice issue

The Judicial and Bar Council (JBC) on Monday deferred its discussion on whether President Gloria Macapagal Arroyo can still appoint the successor of Chief Justice Reynato Puno during the last three months of her term. According to Senator Francis Escudero, a member of the JBC, the discussion was deferred to “afford the members more time to study the matter more thoroughly." Quezon City Rep. Matias Defensor, an ex-officio member of the council and a known Arroyo ally, had proposed for an early nomination of Puno’s successor. He asked the JBC to immediately start the nomination process “to avoid a vacancy of even a single day in that position." Puno, the remaining non-Arroyo appointee in the 15-member high tribunal, is set to retire on May 17 upon reaching the mandatory retirement age of 70. He was appointed in 1993 by then President Fidel Ramos. Under the Constitution, the president is not allowed to make appointments 60 days before a presidential election. However, it also provides that any vacancy in the Supreme Court “should be filled within 90 days of the occurrence."

Do right Asked if President Arroyo should appoint the new chief justice, Escudero said JBC should just do what is right, legal and fair whether it will benefit the incumbent president or not. “My decision will be based on what is constitutional, legal and fair. I would like to believe that the other members of the JBC would also decide along these lines," he said in a separate press statement. The JBC is the body that screens nominees to vacant judicial posts. Escudero said political considerations should not be taken into account by the JBC when it decides on the issue. “Our decision should have nothing to do with President Arroyo or any other political consideration." Malacañang said President Arroyo would appoint Puno's successor if the JBC recommends possible replacements. “What should be made clear is that the President will do what is required for her, not only by law but by over riding national interest. And right now, it's clear that it is in the national interest not to have such an important position vacated for such a long period of time," said deputy presidential spokesman Gary Olivar at a press briefing Monday. Senator Francis Pangilinan urged President Arroyo to let the next president name the next chief justice, saying this would “spare the judiciary from scandals." He also urged the JBC not to submit a shortlist to Malacañang. “By doing this, Malacañang has no basis to issue an appointment, as a shortlist prepared by the JBC is a constitutional requirement for a valid appointment to the judiciary," said Pangilinan, a former JBC member. Olivar described Pangilinan's statement as “politically loaded and motivated." Concerned watchdog Supreme Court Appointments Watch (SCAW), a private watchdog that monitors appointments to the SC, expressed concern over Defensor's proposal. “We view this as a naked attempt to allow the appointing power to circumvent the presidential appointment ban, which begins on March 11, 2010, 60 days before elections, and continues until the end of her term," said Vincent Lazatin, executive director of Transparency and Accountability Network, one of the affiliate groups under SCAW. He pointed out that when the late Chief Justice Marcelo Fernan resigned to run for president in 1991, Justice Andres Narvasa became acting chief justice until the JBC sent its shortlist to Malacañang, which eventually appointed Narvasa to the post. Among the top contenders for the CJ posts are senior Associate Justices Antonio Carpio, Renato Corona, Conchita Carpio-Morales, Presbiterio Velasco Jr. and Antonio Eduardo Nachura. - KBK, GMANews.TV