MANILA, Philippines - The Office of the Ombudsman's outgoing Special Prosecutor Dennis Villa-Ignacio is taking a shot at become the next Chief Justice, in what could open the floodgates for more interested applicants to come forward and apply for the post.

Villa-Ignacio, whose term in the Office of the Special Prosecutor expires next month, said he accepted the nomination of his former boss, ex-Ombudsman Simeon Marcelo “if only to emphasize the general sentiment that it should be the next President who should appoint the next Chief Justice.”

In accepting the nomination, Villa-Ignacio stressed, however, that it should be the incoming President who should exercise the appointment, and not outgoing President Arroyo.

“My application is more of an expression of support to the different sectors which have taken the position on the propriety and constitutionality of letting the next President appoint the next Chief Justice,” Villa-Ignacio said in a phone interview with abs-cbnNEWS.com/Newsbreak.

Villa-Ignacio is the first Supreme Court outsider to have signified intention to seek the Chief Justice post.

Two senior justices—Antonio Eduardo Nachura and Presbitero Velasco--have backed out of the race.

Two others—Justices Antonio Carpio and  Conchita Carpio-Morales-- said they are interested but on condition that it is the next President who will make the appointment.

Senior Justice Renato Corona, the second in seniority among the potential nominees, has yet to signify his intention and stand on the Chief Justice controversy, although he has been nominated by private lawyer Hector Corpus.

To appoint or not to appoint

The retirement of Chief Justice Reynato Puno on May 17 has led to a controversy on whether Arroyo should or may appoint his replacement.

Most in the legal community argue that Puno’s retirement falls within the presidential ban on appointment during an election period, while a few insist that Arroyo may still appoint as a matter of national interest.

The Constitution states that the President is barred from making appointments two months before an election and until the end of his or her term on June 30. The provision is aimed at preventing midnight appointments by an outgoing President.

The ban begins on March 11.

The Judicial and Bar Council (JBC), the body that vets nominees to the judiciary and the Ombudsman, has begun the nomination and appointment process for Puno’s replacement. The deadline for nominations is on Thursday, Feb. 4.

Meanwhile, SC spokesman Midas Marquez said the JBC has yet to decide on the condition set earlier by Carpio and Carpio-Morales. Marquez said the JBC merely “noted” the conditional acceptance set by the two justices of their nomination.

Under the Constitution, the JBC is mandated to submit at least three names. Thus, the conditions set by Carpio and Carpio-Morales,  and now Villa-Ignacio, could put the JBC in a bind since the body might not be able to come up with the minimum three names in its shortlist.