Palace eyeing Corona to replace Puno?

MANILA, Philippines - President Arroyo is reportedly eyeing Supreme Court Justice Renato Corona as possible replacement for Chief Justice Reynato Puno who may be asked to vacate his post even before his retirement on May 17.

Sources said the scenario emerged after Rep. Matias Defensor, a member of the Judicial and Bar Council, asked his colleagues in the JBC to nominate a successor to Puno even before his retirement on May 17, saying the appointment of an acting chief justice was not allowed and that there should be no vacancy even for a day in such an important position. Defensor’s request was contained in a letter dated Dec. 22, 2009.

If the next president makes the appointment, the position would be vacant from May 17 to June 30 or even beyond, according to Defensor.

Sen. Francis Escudero, the Senate representative to the JBC, said there is nothing wrong with starting the nomination process for the next chief justice because the process is usually long and tedious.

But he said he was not aware of the move to kick Puno out ahead of retirement.

“We have a JBC meet on Monday. I will know then,” he said.

“Technically the process to solicit applicants for that position can begin, depending on the JBC. It’s usually long, including publication and notice of requirements. But the JBC actually submitting a list of nominees to this President is a totally different story,” he said.

Escudero said he would oppose any move to submit the list of nominees that might lead to the early replacement of Puno.

“The time frame (to replace the Chief Justice) is within 90 days from the time of vacancy or 90 days from May 17,” Escudero said.

He also stressed that a chief justice may be appointed in an acting capacity anyway, contrary to the claims of Defensor.

Watchdog groups have been warning against an Arroyo-controlled SC at this time and even after she steps down. They said Mrs. Arroyo would like to have a friendly SC in anticipation of numerous graft-related lawsuits from her political foes after the end of her term.

It was Mrs. Arroyo who appointed Puno as Chief Justice but it was former President Fidel Ramos who named him to the SC in 1993.

The 14 other justices - including Corona - are Mrs. Arroyo’s appointees.

Antonio Carpio, Conchita Carpio Morales, Presbitero Velasco, Antonio Nachura, Teresita Leonardo de Castro, Arturo Brion, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Roberto Abad, Martin Villarama, Jose Perez, and Jose Mendoza are the other associate justices.

Former Senate president Franklin Drilon, a lawyer like Escudero, said Puno’s coming retirement and Mrs. Arroyo’s impending exit from power present an interesting legal question that would impact not only on the SC but “on our country’s future as well.”

“It will also provide the answers to persistent questions whether the Arroyo administration will leave behind a Supreme Court that will continue to enjoy a perception of judicial independence,” Drilon said in a statement.

“The paramount question is: Under the 1987 Constitution, can an outgoing President Arroyo still appoint the successor of Chief Justice Puno?” Drilon asked.

According to Drilon, Article VIII Section 4(1) of the Constitution provides that any vacancy in the SC shall be filled within 90 days.

On the other hand, Article VII Section 15 of the same Constitution provides that two months immediately before the next presidential elections and up to the end of his or her term, a president or acting president shall not make executive appointments, except temporary ones.