MANILA, Philippines - The selection process for the next Supreme Court chief justice is far from over despite the moves of 4 out of the 5 most senior justices to opt out of the Judicial and Bar Council (JBC) nomination process.

Supreme Court spokesman Midas Marquez on Thursday said interested parties still have until February 4 to submit their applications for chief justice.

He said it is too early to say that there are no other candidates for the post, which will be vacated by Chief Justice Reynato Puno when he retires on May 17.

Among the 5 most senior justices, only senior Justice Renato Corona, believed to be President Arroyo's choice for chief justice, has not taken himself out of the nomination process of the JBC.

Justices Antonio Carpio and Conchita Carpio-Morales have informed the JBC that they would only agree to be appointed chief justice if it will be the next president, not President Gloria Macapagal Arroyo, who will pick the chief justice.

The president is barred by the Constitution from making appointments 2 months before an election and until the end of his or her term. However, the president may also fill up a vacancy in the court within 90 days from a list to be given by the JBC.

Justices Eduardo Nachura and Presbitero Velasco have also rejected an automatic nomination, based on their seniority, for chief justice.

'Solution is to let next president choose'

Constitutionalist Fr. Joaquin Bernas has proposed that the best solution to the legal controversy is for Mrs. Arroyo to let the next president pick the next chief justice. He said the Supreme Court justices may choose among themselves an acting chief justice.

The next president, who takes office on June 30, would still have 45 days to choose and appoint Puno's successor.

Marquez said he has not received any report that an outside has applied for chief justice.

Carpio's letter to the JBC is expected to be taken up by the council on Monday. The JBC vets appointments to the judiciary for the president.

Meantime, deputy presidential spokesperson Gary Olivar said the opinion of Carpio and his cousin, Carpio-Morales, declining a possible appointment by Mrs. Arroyo on constitutional grounds, shows the independence of the two magistrates.

He said the president would consider the various opinions and would decide based on what she believes must be done.

Olivar pointed out that the JBC has yet to submit a list. He said he would be surprised if senior justices, including Carpio, are not included in the list. -- with reports from Timi Nubla and Willard Cheng, ABS-CBN News