Supreme Court defers final ruling on chief justice appointment petitions

BAGUIO CITY , Philippines  – The Supreme Court (SC) yesterday deferred its final ruling on the petitions appealing the March 17 decision allowing President Arroyo to appoint the next chief justice.

In a full court session here, the magistrates agreed to continue deliberations on the several motions for reconsideration up to April 20 due to some “unresolved issues,” SC spokesman Midas Marquez said.

“All pleadings, including motions and comments, are in. But there are so many issues raised so the Court decided to defer announcement of its decision and to continue deliberations,” Marquez explained.

Marquez said among the issues is the controversy raised by the Office of the Solicitor General in its comment asking the SC to clarify the issue of whether Mrs. Arroyo could also appoint judges in trial courts and justices in appellate courts.

The government sought clarification of the issue following the 1998 SC ruling on the appointments of Judges Mateo Valenzuela and Placido Vallarta.

The SC was divided over the 1998 ruling nullifying the appointments of Valenzuela and Vallarta to the regional trial courts for violating the constitutional ban on appointments during the election period.

Of the nine magistrates in the majority vote, five believe that the entire judiciary is exempted from the midnight appointments ban while four justices maintained only the SC is not covered by the ban.

“That (issue) can be looked into in the next deliberations,” Marquez said.

Marquez said another reason for the deferment was the absence of Associate Justice Conchita Carpio-Morales, the lone dissenter in the March 17 decision.

Morales maintained the President is not allowed under the Constitution to appoint the next chief justice during the election period.

Marquez said Morales called in sick during yesterday’s session.

Last Monday, the solicitor general asked the SC to dismiss the appeals of senatorial candidates of the Nacionalista Party, heads of Integrated Bar of the Philippines chapters in Southern Luzon, Eastern Visayas and Davao City, the Philippine Bar Association and militant groups led by Bagong Alyansang Makabayan (Bayan) for lack of merit.

The government argued the appeals failed to raise new substantial arguments.

While the issue is being deliberated before the SC, the Judicial and Bar Council (JBC) would proceed with its scheduled public interview of candidates for the chief justice post on April 19 and 20.

Although Senior Associate Justice Antonio Carpio already manifested lack of interest in the post, Marquez said there are still other candidates.

Marquez, however, admitted he is not sure if Justice Morales would submit her manifestation with the JBC within this week if she would attend the interview.

“As far as I know they will be attending the public interview,” Marquez stressed. “After the interview, JBC will deliberate on what to do with those who did not attend.”

The other four candidates are Senior Associate Justice Renato Corona, Associate Justices Arturo Brion and Teresita Leonardo-de Castro, and Acting Sandiganbayan Presiding Justice Edilberto Sandoval.

Marquez said the JBC would await finality of the SC ruling before submitting the shortlist to Mrs. Arroyo.

“We have two more sessions in April, and hopefully the court would be able to resolve the issue before May 17. The only thing left is finality of the decision,” he said.

Malacañang had stressed the need for President Arroyo to appoint the next chief magistrate upon the retirement of Chief Justice Reynato Puno on May 17, during the crucial week when the country holds its first automated elections to choose its next leader. – With Paolo Romero, Aurea Calica