MANILA, Philippines - Two more Supreme Court associate justices have taken themselves out of the selection process for new Chief Justice.

In a letter to the Judicial and Bar Council (JBC), associate justice Antonio Nachura declined to be included in the list of possible replacements for Chief Justice Reynato Puno, who will retire on May 17.

Associate Justice Conchita Carpio Morales has also declined to be included if the appointment will be made by President Gloria Macapagal Arroyo.

In her letter, Morales said she would only accept a nomination for Chief Justice if the appointment will be made by the next President, who will assume the post noon of June 30.

The Constitution bars President Gloria Macapagal Arroyo from making midnight appointments 60 days before the May 10 polls and until the end of her term.

However, she is also mandated by the Constitution to fill up vacancies in the Supreme Court within 90 days. This means Arroyo may still name the next Chief Justice from May 18 to June 30. 

Many quarters, including opposition groups, have urged the Palace to let the next President appoint the new Chief Justice.

On Friday, Associate Justice Presbitero Velasco, also a senior justice, told the JBC that he is not seeking the post.

"It [letter] is from Justice Presbitero Velasco, saying that his name was mentioned and that he will be one of the applicants, and in that letter, he is saying that he is not applying," Devanadera earlier said.

Corona and Carpio

The moves of Nachura, Carpio Morales, and Velasco leave associate justices Renato Corona and Antonio Carpio as the 2 most senior justices who may be nominated.

Devanadera said that unless Corona and Carpio say otherwise, they will be considered nominated for Chief Justice.

She also said no one from outside the judiciary has submitted a nomination.

Some news reports have said that the Palace wants to name Corona as next Chief Justice. Corona has served Mrs. Arroyo in various capacities, including as presidential chief of staff, legal counsel, and spokesman.

Critics claimed Mrs. Arroyo wants to name the next Chief Justice allegedly to help protect her from the criminal cases that are expected to be filed against her once she loses her presidential immunity.

Selection process begins

The JBC on Wednesday announced last Wednesday that it had opened the applications for Puno's replacement.

The JBC, through its ex-officio secretary and Clerk of Court Ma. Luisa Villarama, said the council will be accepting applications and recommendations not later than February 4, 2010.

The council will also accept sworn complaints, written reports or opposition against any candidate not later than February 1, 2010.

The applications for chief justice opened after the JBC unanimously agreed last week to start the selection process for the top post in the judiciary.

Quezon City Rep. Matias Defensor had urged fellow JBC members to start the process of selecting nominees for Chief Justice, even if Arroyo is banned from making midnight appointments from March 10 until her term ends on noon of June 30.

In his controversial proposal, Defensor said the post is too important to be left vacant "even for a day."

The congressman said the country would need a permanent Chief Justice in case of a failure of elections. -- with a report from Timi Nubla, ABS-CBN News