MANILA, Philippines - With 8 session days left, party-list group Bayan Muna on Tuesday filed House Bill 7109 explicitly prohibiting the President from making appointments to judicial posts, including that of chief justice of the Supreme Court, during the period covered by the constitutional ban on midnight appointments.

Bayan Muna representatives Satur Ocampo, Teodoro Casiño, and Neri Colmenares maintained that the 1987 Constitution is clear that President Arroyo cannot appoint the successor of Chief Justice Reynato Puno.

They said they filed the bill to remove any doubt on the unconstitutionality of proposals that President Arroyo can ignore the ban on midnight appointments.

Puno retires on May 17, which falls within the midnight election appointments ban for an outgoing president.

"There have been pronouncements from the administration that the President can overcome the prohibition in the Constitution. Para mawala na ang mga agam-agam, naisip namin i-file itong bill to categorically say na bawal magnombra ng members ng judiciary ang presidente during the ban," Ocampo said in a press conference after the filing of the bill.

The controversy was started by Judicial and Bar Council (JBC) member Quezon Rep. Matias Defensor when he wrote the JBC asking that it start the nomination process for the next chief justice. He said there should be no vacuum in the Supreme Court during such a crucial period as presidential elections.

Allies of presidential bets urged to support bill

The party-list representatives called on the allies of all presidential candidates in Congress to support the bill. They also supported the suggestion that the most senior associate justice should serve as acting Chief Justice until the next president appoints a permanent chief justice.

"We are expecting the allies of next presidential candidates to support this bill. This is one of those instances where the legislative department can intervene and prevent a looming impasse between the executive and the judiciary--through legislation," said Casiño.

Ocampo said it's best that the legislative department rather than the Supreme Court settle the issue. Legal experts have argued that the Supreme Court has the final say on constitutionality of proposals that President Arroyo can make the appointment.

"This is a tension-filled election. Di na dapat dagdagan ng tensyonadong issue. Naniniwala kami na maraming congressmen na puwdeng sumuporta sa bill na ito. Malamang ipapasa din ito ng Senado. Pwede ito ma-rush," Ocampo said.

Critics of the administration alleged that President Arroyo wants to appoint the chief justice for her political protection. Opposition groups plan to file criminal raps against her when her presidential immunity lapses on June 30.

Colmenares said that among the possible cases the Supreme Court would have to decide are the following:

• disqualification of President Arroyo as congressional candidates of Pampanga;
• possible plunder cases because of corrupt deals; and,
• the alleged electoral fraud in the 2004 presidential elections.