Aquino ally: Other bets should speak on Chief Justice appointment
MANILA, Philippines – The issue on the proposal of a Malacañang ally for President Arroyo to appoint a Supreme Court (SC) Chief Justice before the May elections is an important issue that is why presidential candidates must speak up on it, former Senate President and Liberal Party senatorial bet Franklin Drilon noted.
“This matter on whether we should allow the President to circumvent the constitutional ban against midnight appointments for her to be able to fiddle with the independence of the Supreme Court is more than just another political debate,” Drilon said in a statement.
Chief Justice Reynato Puno is set to retire on May 17.
“Given the importance of this issue to the future of our country, it is critical that those seeking to be president of this country must now state this position on this constitutional issue so that the people will not be left in the dark,” continued Drilon, who is seeking a senatorial seat in May.
“It is sad that most of our presidential candidates have opted to take a safe stand on this issue,” he commented, pertaining to Senators Richard Gordon and Manny Villar, former national defense secretary Gilberto Teodoro Jr. and former President Joseph Estrada.
Drilon singled out LP standard bearer Sen. Benigno “Noynoy” Aquino III for taking a stand on whether President Arroyo can still appoint the successor of Puno.
Aquino had said that if he would be elected president in May 10, he will not recognize a new chief justice appointed by President Arroyo. The LP standard bearer said that such a move by Mrs. Arroyo would be in gross violation of the Constitution. He also warned Associate Justices of the SC that they would be risking their tenure if they recognize a midnight appointment. Aquino drew flak as well as praise for his position. (Read: Noynoy gets flak, support for threatening Supreme Court)
Drilon then stressed: “The integrity and independence of the judiciary is a matter of paramount concern of every Filipino as this will greatly impact our democratic institutions and our country's future.”
Drilon went on to mention that several groups such as the Philippine Bar Association (PBA) and the Cebu chapter of the Integrated Bar of the Philippines (IBP) are against such planned midnight appointment of a chief justice.
Monday JBC meeting
The issue started after Judicial and Bar Council member and Quezon City 3rd district Rep. Matias Defensor, Jr. asked the JBC to hasten the nomination process for Chief Justice and allow Arroyo to appoint Puno's successor before his retirement. (Read: Chief Justice-in-waiting proposal tests JBC independence)
Defensor had argued that the chief justice post should not be left vacant “even for a day” especially in a crucial period such as presidential elections.
“It’s important to have a permanent Chief Justice. One, the Chief Justice is the chairman of the presidential electoral tribunal. Lahat ng ‘yan pag-upo niyan, ang Chief Justice ang magdedetermine sino ang nanalo, sya ang magproproklama,” he argued. (Read: Defensor wants permanent SC head in case of failure of elections)
The 8-man JBC is set to again discuss the issue Monday. The JBC is the body that vets nominees to the judiciary and the Ombudsman.
Members of the JBC deferred voting on Defensor’s proposal last week saying they have yet to study the records of previous screening and selection process as well as appointments pertaining to past SC chief justices.
Puno is the ex-officio JBC chair, while ex-officio JBC members are acting Department of Justice Secretary Agnes Devanadera, Sen. Francis Escudero, and Defensor, while the regular JBC members are retired SC Justice Regino C. Hermosisima, Dean Amado L. Dimayuga, Jr., lawyer J Conrado P. Castro and retired Court of Appeals Justice Aurora S. Lagman.
Escudero has earlier questioned Defensor’s proposal and says that this has no legal basis. (Read: Chiz: GMA wants an 'all-Arroyo' appointed Supreme Court)
Unconstitutional
The Supreme Court Appointments Watch (SCAW), which includes the Philippine Association of Law Schools Transparency and Accountability Network among other groups, meanwhile, called on the JBC to open to the public its deliberations on the matter.
“Given the highly controversial nature of the issue, we urge the JBC to open up its deliberations on this matter in full view of the public. With public trust of institutions at an all-time low, the JBC would do well to dispel doubts by discussing this issue publicly. It is time to regain the trust of the public and make known how the JBC intends to serve the common good,” said the SCAW in an open letter sent to media.
The SCAW letter was signed by Marlon Manuel of Alternative Law Groups, Roberto Cadiz of Libertas and Vincent Lazatin of Transparency and Accountability Network
Drilon took the position, which is also the position of SCAW, that Arroyo was prohibited by the Constitution from appointing a new Chief Justice in the last 90 days of her term. Others, meantime, pointed out that the President was disallowed from making appointments 2 months before the May elections.
Drilon also disagreed with the stand of Senate President Juan Ponce Enrile, who noted that Arroyo can bypass the JBC in appointing Puno’s successor. Such position is a “clear violation of the Constitution,” remarked Drilon.
He cited Article VIII, Section 9 of the Constitution which clearly states that members of the SC (defined as 1 Chief Justice and the 14 Associate Justices) “shall be appointed by the President from a list of at least three nominees prepared by the JBC for every vacancy.”
Retired SC justices speak
Meanwhile, 2 retired SC justices, Consuelo Ynares-Santiago and Josue Bellosillo, said they believe that the JBC should proceed with the selection and nomination process.
“Let the JBC thus proceed and decide on its own, as it has always decided and proceeded with the nomination process even before the retirement of the incumbent Chief Justice, as has been the practice from way back,” said Ynares-Santiago, who retired last October 5, 2009.
She noted that Section 8 (5), Article VIII, 1987 Constitution, provides that the JBC “shall have the principal function of recommending appointees to the Judiciary,” while Section 9 of the same Article states that “the Members of the Supreme Court . . . shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy.
Santiago added that it is her belief that Section 15 in Article VII of the Constitution, which bans the so-called midnight appointments of an outgoing president, does not apply to appointments of chief justices.
“The Office of the Chief Justice is too pivotal and important to be left vacant, more so during election period... If during ordinary times, the chief justice is appointed right away, with more reason should he be appointed immediately during election period,” she stressed.
Bellosillo, meanwhile, believes there is no legal ground to prevent the JBC from proceeding with its nomination process before the Puno’s retirement.
He noted that the screening process is just preliminary to the appointing process.
Bellosilo also said it is the president’s Constitutional mandate to appoint the Chief Justice within the 90-day period.
“The position of the Chief Justice is very important and critical (more so during election period), and the absence of a lawfully appointed Chief Justice can affect the credibility, stability, and authority of the Supreme Court,” Bellosillo said.
A former SC Justice Vicente Mendoza has earlier told abs-cbnnews.com/Newsbreak said that even if the JBC comes up with its shortlist, the President is barred from appointing someone from the list since the chief justice’s post is still occupied. (Read: 'Arroyo can't appoint chief justice-in-waiting')
Some critics of the Defensor proposal, however, have cited that when then Chief Justice Marcelo Fernan resigned in 1991 to run in the 1992 elections, Senior Associate Justice Andres Narvasa served as acting chief justice. Narvasa held the post of acting Chief Justice until the JBC sent its list of nominees and President Corazon Aquino appointed Narvasa as Chief Justice on December 1991.
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Reasons VS Emotions
Dahan dahan sa akusasyon, dapat huwag masyadong emosyonal, pls lang, baka kangkungan na naman tayo pulutin..
Mayaman ang mga Aguilar, mayaman din ang mga cojuangco at aquino, baka nabubulagan na naman kayo sa emosyon nyo na may malinis sa mga kandidato nyo.. Bakit hindi nyo tanungin ang sarili nyo or magresearch kung napakinabangan ba ng tao ang pork barrel ng mga kandidato nyo.. Kay Manny may napuntahan din naman but hindi mawawala ang mga bad issue.. Kay noy baka meron ditong makakapagsabi saan napunta ang pondo ng pork barrel nya..
Inuulit ulit na dito, huwag kayong bumatay sa emosyon nyo, be realistic ika nga, bumoto kayo ng may rason at hindi puro emosyon. hindi ba kayo natatakot na ang pauupuin nyo sa panguluhan ay walang napatunayan kundi anak siya at benepisyaryo ng simpatya, or kung may makapagbibigay ng accomplishments ay mababago pagtingin ko sa kanya..
Heto na uli, papipiliin ko kayo, ano ang pipiliin nyo?
1) walang bahid na naibalita, malinis daw ang pamilya at hindi naging kontratista ngunit kwestyonable saan napunta ang pork barrel? Kwestyonable ang kakayahang mamuno.
2) binago ang las pinas, yumaman dahil na rin sa tulong ng mga aguilar, may accomplishments but marami ding mga bad issues against him, but may napatunayan din sa public service.
3) Olongapo city, subic, wow philippines, red cross volunteer for 40 years, kulang sa karisma, kulang sa makinarya, kulang sa pondo..
Sino ang pipiliin nyo? Cencia na sa mga maka erap en gibo, sa tatlo lang kandidato ako nagpapili..
Malaking factor din ang mga kasama nila sa partido at ang mga pumopondo sa kanila siyempre.. Para lang kasing kamatis, masamahan ng bulok, mabubulok din..
Sa mga pumopondo, sa laki ng ginagastos ng mga political machineries, ng mga trapo at negosyante, paano sila makakabawi sa gastusin?
Papipiliin ko uli kayo, sino ang gusto nyong pumondo sa gastusin ng kandidato nyo?
1) Sa mga trapo at negosyante galing ang pondo?
2) Sa mismong kandidato galing ang pondo?
3) Sa mga volunteers na hindi nagpapakilala galing ang kaunting pondo?
So huwag emosyon ang pairalin, pumili ng may rason, para hindi pulutin ang bansa sa kumunoy..
Puro kayo banat
mahilig kayo mag-predict at maghanap ng kasiraan ng iba, pinaka magandang nyong gawin para maiboto kayo, ipakita nyo muna lahat ng ACCOMPLISMENTS nyo.
THE APPOINTMENT OF CJ
The only justification for those pushing for the appointment of CJ, despite the fact that the position will be vacant only on May 17 and despite the Constitutional ban on presidential appointments starting March 11 (60 days priod to May 10), is the 'fear' of possible failure of election. It is this 'fear' real and eminent? It will only be known after May 10.
In such event, the president has seven(7) days within which to appoint a Chief Justice to void a 'possible' vacuum in the presidency after noon of June 30. 'Possible' because CJ is the last in the rule on presidential succession. The first person who will act as president in the line-up is the Senate President. The CJ may not even come into the picture if the Senate elects a new president from those who term has not yet expired. They say nobody will preside the Presidential Election Tribunal if there is no chief justice. But there is no need for PET if there is failure of election. Also, the PET will only come into the picture after the congress as canvassing board declares a winner. Even if the lossing file a case before the PET, as what Sen. Santiago did against FVR or then FPJ against GMA, the proclaimed winner of the presidential election, cannot be prevented from assuming the office of the president.
Moreover, a failure of election in May 2010, if entertained, will have catastrophic effect, more worse than whether there is a CJ or not. Of course, it will not be the end of the Philippine government because one can always argued that the military can temporarily takes the reign of government under the Constitution premised on the AFP being the 'protector of the people' as enshrined in the Constitution.
Thus, there is really a need to make a stand whether there is a valid and cogent basis for GMA to exercise the essentially executive power of appointment by way of exception to the Constitional ban on appointments during election.
Si Kris ang nagmana ng tapang ni Ninoy Aquino
I agree with Adoremus. Kaya lang, sa mga magkakapatid na Aquino, si Kris lang ang nagmana ng tapang ni Ninoy. Sayang, kung si Kris siguro ang napunta sa politics, baka marami na itong nagagawa sa bayan. Namali kasi ng career path itong si Kris.
It's putting things in order
It's not being unconstitutional, it's putting everything in order. Would we allow the seat of the President to be vacant for what, 90 days? Hindi di ba? It's the same sa position ng Chief Justice. There should be a chief justice or if not, an acting chief justice. Unfortunately, wala na namang batas na haharang sa appointment ng Presidente so matutuloy din ito. Here's another to blame sa mga "masisipag" nating lawmakers.
Noynoy's threats is of no concern to the justices. Ang puwede pang mangyari dito if ever Noynoy wins, eh kukuwestiyunin at haharangin ng mga justices lahat ng desisyon niya rendering him incapable of doing his job. He should've just kept his mouth shut like he did with his sister's latest issue.
Aquino ally: Other bets should speak on Chief Justice appointmen
The President should appoint the Chief Justice-waiting so there will be no impasse in our judicial system. In the absence of any implementing rules and procedures as regards this particular case, the foremost concern would be the orderly administration of the government. Critiques or none, there will always be. Politics and emotions might or will play a rule, but it is inevitable. For the greater good, let not the seat of the Chief Justice be left vacant at any point in time.
Drilon For President
In My Opinion, Drilon would actually act as the president once Noynoy wins the election. Noynoy is only a smokescreen and being manipulated because he is the son of Ninoy & Cory. Noynoy had no inkling before to run as president, because that's what he is, a simple man who is a mold of Cory, her mom. He is not a mold of the strong and smart Ninoy. I have nothing against Noynoy as a silent, peace loving, simple minded person. But what we need is a Ninoy like person for president not a Cory like persona. The Philippines is not actually in "peace time" where Noynoy can rule by the book. The country is in a sh*t hole and too many forces are trying pull every limb of it into opposite directions out of that hole, making it sink under the neck deep sh*t, even deeper. What you people need is a genuine unifying, smart, strong person to get out of that hole once and for all. Vote for your children, not for yourself!