MANILA, Philippines - Sen. Miriam Defensor Santiago on Saturday warned that President Gloria Macapagal Arroyo might bypass the Judicial and Bar Council (JBC) and appoint a new Chief Justice if it fails to come up with a list of nominees to the post.

"The Constitution provides that Supreme Court members shall be appointed by the President from a list of three nominees prepared by the Judicial and Bar Council. This provision is mandatory. However, the President can override the JBC in cases of national emergencies such as national survival and security," Defensor said in a statement.

The senator urged the JBC to meet on Monday and submit to President Arroyo a list of 3 names of incumbent justices for the position, which will be vacated by Chief Justice Reynato Puno on May 17.

"If JBC does not submit a list, the President might just go ahead and appoint a Chief Justice from among the incumbent SC justices, under the constitutional provision that SC vacancies shall be filled within 90 days after Chief Justice Reynato Puno retires on 17 May 2010," she said.

Santiago added that Mrs. Arroyo's possible move would be justified in case a compelling state necessity, "such as failure of elections in Maguindanao."

"As a byproduct of the 2004 and 2007 elections, the Ampatuans were able to consolidate political power beyond imagining. Armed confrontation between the Ampatuan and the Mangudadatu clans is highly probable if not inevitable," she added.

Quezon City Rep. Matias Defensor has urged his fellow JBC members to submit to President Arroyo a list of 3 nominees for the position. He said he made the recommendation to avoid the post being left vacant for more than a month.

“The Chief Justice post is very important—he heads the Presidential Electoral Tribunal, chairs the JBC, and [is] 5th in [the order of] succession. You cannot leave it vacant even for a day,” Defensor said.

In his letter, Defensor stressed that the position of the Chief Justice “is the most important appointment vested by the Constitution to the President.”

Without mentioning the appointment ban, Defensor argued that “to avoid a vacancy of even a single day in the position, it is imperative that we give the President ample time before May 17, 2010, to scrutinize and critically consider our 3 nominees for this highest of judicial positions.”

Article VII Sec. 15 of the Constitution bars the President from making appointments 2 months before the next presidential elections and up to the end of his or her term.

This means that beginning March 10 until her term expires, President Arroyo is constitutionally prohibited from making appointments.

Since Puno retires on May 17, or well within the period of the ban, President Arroyo can no longer appoint his replacement. The next President will have the privilege of appointing Puno’s successor.

Defensor had also argued that the incumbent JBC members would also have to vacate their positions to pave the way for a new council.

He also believes the new JBC might not be able to immediately convene and come up with a list of nominees for the position of Chief Justice.