EDITORIAL - Twisting in the wind

At the eleventh hour, President Arroyo filled 18 vacancies in the Court of Appeals. The new justices were sworn in yesterday as the election ban on new presidential appointments went into effect.

The appointments all the more highlighted another vacancy in the judiciary that is equally crucial, but which Malacañang has chosen to overlook during the election season. The Supreme Court awaits its 15th member following the retirement last year of Justice Josue Bellosillo. Weeks ago, well within the 90 days when the President could appoint his successor, a name was released by Malacañang as replacement: Minita Chico-Nazario, presiding justice of the Sandiganbayan. Nazario, however, has yet to be sworn in. Malacañang said the President wanted Nazario to first resolve the plunder case filed against deposed President Joseph Estrada. By the time this happens, the six-year term of whoever becomes president in May could be over.

Malacañang has tried to downplay the furor by saying the 90-day period is not mandatory. The Supreme Court, Malacañang added, can function even without a 15th member. That may be true, but it will surely help speed up the pace of justice if all seats are filled in a 15-member tribunal that has to rule on thousands of cases. Until yesterday, however, Palace officials still could not even say with certainty if Nazario’s appointment had been recalled, much less explain why. This is unfair to the presiding justice of the nation’s anti-graft court, who at least should be told where she stands, if only out of common courtesy between co-equal branches of government.

The fiasco does not speak well of the President’s leadership. This mess is the last thing needed by a candidate whose credibility suffered a major blow when she backtracked on her decision to withdraw from the presidential race. Such waffling will surely be remembered when Filipinos troop to the polls in May.

Already there are many ugly rumors about why Nazario has been left twisting in the wind. If the President wants to salvage the situation, the least she can do is declare unequivocally if she has withdrawn Nazario’s appointment – or if the justice was ever appointed at all.