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Malacañang invokes national interest; JBC defers move on Puno replacement
Members ask for precedents
Arroyo cannot appoint new SC chief
The Judicial and Bar Council should stop outright the obviously Palace-hatched proposal of Rep. Matias Defensor to name the successor of Chief Justice Reynato Puno before the ban on appointments starts on March 22 or even during period when the ban itself is in effect.
The JBC has reportedly calendared Defensor’s proposal that the council names nominees to the post to be vacated by Puno upon reaching the mandatory of 70 on May 17. Since Matias is an ex-officio member of the JBC, the council certainly cannot ignore his letter of December 22 outlining his proposal. The JBC must take it up, but it can, just as promptly, send it to the trashcan.
The JBC meeting is scheduled on Monday. Insiders said the issue the members will deliberate on is whether there is a precedent for naming nominees to a position which is not vacant. There is nothing in the records of the JBC that shows it has named nominees before an actual vacancy has occurred. So, definitely, there is no precedent.
The JBC should not allow itself to be used as a tool in Gloria Arroyo’s desire to install her own man as the chief justice.
Last July, JBC rebuffed Gloria’s efforts to add nominees to the posts left vacant by the retirement of Associate Justices Alicia Martinez and Dante Tinga. Now, more than ever, it should rise to the challenge of insulating the selection of nominees from Gloria’s whimsy.
The Constitution is clear. Gloria cannot make appointments 60 days before the elections and until she exits in June 30. The ban is meant to guard against “midnight” appointments.
The likelihood that the JBC will trash Defensor’s proposal is high. The current members have shown their independence when they refused to “massage” the list of nominees to the posts vacated by Justices Martinez and Tinga.
The ex-officio members of the JBC are Chief Justice Puno, who is also chairman, Justice Secretary Agnes Devanadera and Matias and Sen. Francis Escudero as representatives of Congress who have half a vote each. The regular members are academe representative Amado Dimayuga, private sector representative Aurora Santiago Lagman, Integrated Bar representative Conrado representative and former judiciary member retired Supreme Court Justice Regino Hermosisima.
Hermosisima’s appointment has been bypassed by the Commission on Appointments. He, therefore, cannot vote until he is issued an interim appointment when Congress goes on recess the first week of February. The votes of Defensor and of Escudero, who is on record as saying he is against premature nomination, cancel each other out.
The only lackey of Arroyo in the council is Devanadera.
Except for Chief Justice Puno, the other members are vulnerable to pressure. But they have shown their independence before.
They will be tested once again. We hope they shall not fail the people and the Constitution.
JBC’s near action is a measure of political independence and this is not the time to fail the people and the Constitution!
Throw it to the trashcan, isama pati si Matias Defensor, pronto!
Nagpasilip na naman ng gray area si unana. Kawawa ang ating Konstitusyon, palagi na lang hinahanapan ng kulay abo ni Gloria para gawing itim.
Ellen,
Here’s one for Sen Trillanes… Thanking a Hero: Sen Trillanes
Malaya Editorial is very tactfully written… It isn’t antagonistic. Hopes it works.
itapon sa basura at isama sa pagtapon si gloria..
Even if there is no ban on appointments, there is an even greater obstacle to appointment, as Justice Vicente V. Mendoza pointed out. The Constitution and section 1 of the Rules of the JBC state:
It said ninety days from the occurrence, not ninety days before .
This is further supported by Section 4 which states:
If we follow Matias’ logic, they might as well appoint the replacement of Carpio-Morales, who is retiring next year.
Heck, why not go whole hog and appoint the replacement of Antonio Carpio, ten years in advance?
The Constitution bars the President from making appointments two months before the presidential elections. The prohibition lasts until her terms ends on June 30. – Former Supreme Court Justice Vicente Mendoza (source: http://www.abs-cbnnews.com)
There, malinaw…CJ Puno retires May 17.
Nandyan na pala si atty sax na hinihintay ko. O, mas klaro.
Hehe, baka nga i-appoint ni Goyang ang replacement ni Carpio, “ten years in advance”. I don’t discount this, si Gloria pa… BatongBakal talaga ang mukha!
nag papasalamat ako na hindi abogado si gloria..baka siya pa ang papalit kay Puno..at sabihin niya she will take over temporarily,,,like what she did as the Anti- drug czar..hindi pa ba napupuno ang mga tao sa kanyang kababoyan? bakit hindi ba hindi pa gawin na litson ang leche…
May the president-elect recall the appointment made by the former president during the phohibition period?
It’s unfortunate that the Constitutional prohibition on midnight appointments would not apply to the successor of Armed Forces Chief of Staff Victor Ibrado who would be mostly likely Army Chief Delfin Bangit, former head of the Arroyo’s Presidential Security Group.
Art. VII, Sec. 15 of the Constitution provides that “Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.”
Elections this year will be held on May 10. Ibrado will turn 56 years old on March 10, 2010, 61 days before election day.
Under his watch , Ibrado has steered the military to a non-partisan position. Many are concerned of a repeat of the 2004 “Hello Garci” scandal under a GMA loyalist head of the AFP.
When Ibrado’s predecessor retired earlier than his retirement date to be able to be confirmed as ambassador to Brunei, it was surmised that Ibrado would be also asked to retire earlier than May 10 to make sure that his successor’s appointment would not be covered by the election ban.
But Ibrado has said on record that he will finish his term and that he will not accept any government position after his retirement.
Armed Forces Chief of Staff Victor Ibrado who would be mostly likely Army Chief Delfin Bangit, former head of the Arroyo’s Presidential Security Group.
Bangit used to be a good junior officer (met him first time when he was only a captain and last time I spoke to him was in 2002). He still had a good reputation then.
a President or Acting President shall not make appointments, except temporary appointments to executive positions
Ellen but what about the SC chief appointment — read that Gloria will go ahead with midnight appointments. Is it because SC chief is not considered an executive position within the cabinet?
I meant, read that Gloria will go ahead with midnight appointments., eg., SC chief (I think it was bannered by the Inquirer.)
baBangit ng todo ang eleksyon!
Pwedeng hindi aprobahan ng CA si Bangit, di ba? If Bangit is not confirmed by the CA, then he’d act as temporary until the new elected president appoints a new AFP chief.
Ganun din, Bangit will have his “election days”. It’s really unfortunate that Gloria still have a chance for another Hello Garci to make Villar, “Her Man”, win.
Malaking problema yan ng Noy2-Mar team. Bantayan!
baBangit ng todo ang eleksyon! 🙂 ho ho ho!
Anna, there’s a different provision for the Supreme Court justices. Please see # 6 post of SnV.
Also, Puno’s retirement date is May 17, within the election ban for appointments period. Ibrado’s retirement (March 10) is not included in the 60-day ban by one day. Bangit is one lucky guy.
From Oscar Familao:
I am just an ordinary Filipino citizen who would like to break the impasse between the pros and cons of this delicate and serious implication of the provision of the law.
I am not a lawyer either but my thinking brinks on common sense and fair game.
If GMA is worried that Chief Justice Reynato Puno is retiring on May 17 ‘ 2010 and there will be a vacuum in the judiciary created by his retirement,out of delicadeza GMA should not insist on his prerogative to appoint a new Chief Justice at this time.
What is her worry anyway since her term ends at midnight of 30 June’ 2010.
Instead of appointing a new Chef Justice before the 60 days or 2 months immediately before the next presidential election and up to the end of her term, the best she can do is extend the term of the present Chief Justice Reynato Puno kung ang pinag-uusapan dito ay continuity ng judicial system while our beloved country is awaiting for a new management team of a new president and his team to run our moribund country.
Her statesmanship can be gauged on how she will decide on the days to come.
Anyway according to her electoral lawyer, Atty. R. Macalintal, she can nominate and appoint a new Justice Secretary, legal or illegally. But her conscience will dictate her action that will surprise everybody thy kingdom come.
Wanna bet, my 1riyal coin against your 10 peso bill. She will come up with a right decision since our Almighty Father will not allow her to tinker our constitutional balance for the nth time.
Not unless she wants Andres Bonifacio to resurrect from his grave to rally the common tao to claim for their rights.
Saan po ang ating mga magagaling na mga abugados na hindi naisipan ito.
Ang kalayo naga pakadto nasa inyo. Matutunaw na parang asin ang lahat ng kayamanan na hindi pinagpaguran.
Fernando Anluagui
Faith sans frontiers
Section 15 Article VII (Executive Department) states: “Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.”
However, Section 4 (1) of Article VIII (Judiciary) which provides for the composition of the Supreme Court states that, “The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.”
In Strictly Politics tonight, Drilon said the code for judiciary strates that in case of a vacancy, the most senior member of the court performs the job of acting CJ.
The most senior member of the SC is Justuce Antonio Carpio.
Arroyo hates Carpio. That’s the bottomline in this Defensor proposal. Arroyo would not allow Carpio to sit as chief justice.
For Gloria Arroyo, a code is just a code. The bruha is codeless. She has no respect for our Constitution, sa code pa kaya?
The Judicial Bar should not let Gloria Arroyo prevail on them on this issue. They should stand their ground, the right one.
Naks naman… SC chief even if only in the interim?
Wow! Tony Carpio, SC chief? Hah! God help the Philippines. That is one future de facto SC chief if ever who rose from corruption after corruption.
Once a jerk will always be a jerk. The mantle of respectability that goes with the position of SC chief will not change the real Tony Carpio.
Hah! Pigs might fly!
minamalas na talaga si gma, lahat ng mga kapalpakan niya ay lalo lang nagpapalakas kay Noynoy, takot na takot si gma kay justice Antonio Carpio dahil hindi niya mabili at mauto, kaya gusto ni gma mag appoint ng iba maski labag sa konstitusyon, sa halip na si gma ang dapat unang sumusunod sa batas ay siya ang numero unong tagalabag ng batas
Supreme Court Antonio Carpio is the most senior associate justice, who is mandated by law to act as chief justice when Puno retires on his 70th birthday. But gma is afraid of Justice Carpio because Justice Antonio Carpio has shown integrity, indepedence and moral strength in his decisions.gma wants someone who is corrupt and a liar and cheater like her.
Will it help change the equation now that the acting NSC adviser is Ibrado’s brother?