NOYNOY: IF ELECTED I WILL NOT RECOGNIZE ARROYO APPOINTED NEW SC CHIEF
MANILA, JANUARY 15, 2010 (STAR) Sen. Benigno “Noynoy”Aquino III will not recognize a new chief justice named by President Arroyo if he is elected president.In a statement, Aquino said any SC associate justice who accepts appointment as chief justice under Mrs. Arroyo risks his or her status as a member of the high tribunal.
“If elected president, I will not recognize a chief justice appointed by the outgoing president, contrary to the constitutional ban on appointments during the wee hours of her presidency, and contrary to propriety, delicadeza and precedence,” he said.
“Let me forewarn any member of the Supreme Court who shall accept to be chief justice by appointment of the outgoing president, that not only shall he not be recognized, but he risks even his presence in the Court as an associate member.”
Aquino said the action of the new president to reject the chief justice named by Mrs. Arroyo would not precipitate a constitutional crisis.
“In that situation the act of the (previous) president is clearly illegal and unconstitutional and without legal effect,” he said.
“By appointing a new chief justice, the new president is merely exercising his duty and prerogative as chief executive in the absence of a legally appointed chief justice.”
Aquino said Mrs. Arroyo is attempting to usurp the prerogatives vested in the next administration.
“This can only have the effect of undermining the independence and stability of our judicial institution,” he said.
“If (Mrs. Arroyo) insists on violating the Constitution, it is important for us who are aspiring to lead the country under a new administration to let the public and (Mrs. Arroyo) know where our sentiments lie on such a critical question, if only to force (Mrs. Arroyo) to be faithful to our fundamental law.”
In 1962 and 1998, the SC voided the midnight appointments of President Carlos Garcia and President Fidel Ramos.
Drilon rejects Enrile proposal
Former Senate president Franklin Drilon rejected yesterday the proposal of Senate President Juan Ponce Enrile that President Arroyo pick the next chief justice from among the 14 associate justices of the Supreme Court as a violation of the Constitution.
In a text message to The STAR, Drilon said the Constitution provides that the SC is comprised of a chief justice and 14 associate justices.
“Thus the members of the SC are one chief justice and 14 associate justices,” he said.
Drilon said the Constitution states that SC members shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council.
“Clearly, the appointment of a chief justice requires the recommendation of the nominees by the JBC,” he said.
Drilon told The STAR in San Fernando City, La Union Mrs. Arroyo does not have to make a “midnight appointment” for the replacement of Chief Justice Reynato Puno because there is a process of succession in case of vacancy in office of the chief justice.
“Under Section 12 of the Judiciary Act, in case of vacancy in the office of the chief justice, the most senior associate justice will act as chief justice,” he said.
“There is absolutely no basis for the fear that (Malacañang) is trying to raise in public that it is dangerous in case there is vacancy in the office of the chief justice.”
Drilon said that the law of succession, where the most senior associate justice will assume as chief justice, was applied in 1992 when Chief Justice Marcelo Fernan resigned to run for vice president.
“When Fernan resigned as chief justice to run as vice president, immediately thereafter, the most senior associate justice Andres Narvasa became acting (chief justice),” he said.
“It took a few weeks before he (Narvasa) became a regular chief justice.”
Drilon said the Constitution bans Mrs. Arroyo from appointing a chief justice two months before her term ends on June 30.
“She cannot appoint starting May 1, 2010 and she cannot appoint after May 17, when Puno retires, because that is prohibited under the Constitution and she cannot also ignore or bypass the JBC,” he said.
At Malacañang, Press Secretary Cerge Remonde and deputy presidential spokesperson Gary Olivar separately asked yesterday critics to stop politicizing the issue of Mrs. Arroyo’s appointment of a new chief justice.
Olivar said the JBC would have to explain its actions to the public if ever it refuses to submit a shortlist of Puno’s replacement.
“It behooves the JBC to take the correct action on this case based on national interest and not based on politically-motivated appeals,” he said.
“If they are going to delay the appointment of a new chief justice and leave that branch of government without a chief executive for a period of many months, eventually up to September or October, then hopefully they will be able to explain why they’re making that decision based on grounds of national interest as well, of course, sound jurisprudence and not based on the political implications.”
Remonde said allegations that Mrs. Arroyo intends to name a new chief justice to prolong her stay in power were malicious and far-fetched.
“The President does not want to prolong her stay in power beyond what is prescribed by law and that is too much,” he said.
“The President just wanted to assert her right and her responsibility under the law in maintaining the stand of appointing the chief justice of the SC the moment the vacancy occurs.”
Philconsa backs GMA
Mrs. Arroyo may validly name a new chief justice upon the retirement of Chief Justice Reynato Puno on May 17, according to the Philippine Constitution Association.
Manuel Lazaro, Philconsa president, said allowing a vacuum in of the Office of the Chief Justice might be more risky than the consequences of inaction.
“It is wiser and more prudent to anticipate and address possible contingencies or situations that might emerge,” he said.
Conrado Estrella, Philconsa chairman, said Mrs. Arroyo needs to appoint a new chief justice after Puno’s retirement to stabilize the government in case a failure of elections prevents the proclamation of a new president, vice president, and the election of a Senate president and speaker of the House of Representatives.
“To anticipate and address possible or probable exigencies or situations that may affect or jeopardize normal governance will contain, if not minimize the same,” he said.
In Cebu City, the Integrated Bar of the Philippines, Cebu City Chapter opposed yesterday the proposal of Quezon City Rep. Matias Defensor for the JBC to recommend a short list of replacements for Puno. - Jun Elias, Paolo Romero
NPC staying neutral on Cousins Noynoy, Gibo By Eva Visperas (The Philippine Star) Updated January 15, 2010 12:00 AM
ROSALES, Pangasinan , Philippines – Torn between two cousins who are eyeing the presidency, Pangasinan fifth district Rep. Mark Cojuangco, son of Nationalist People’s Coalition (NPC) founder and chairman emeritus Eduardo “Danding” Cojuangco, said the party would not support either one but would just stay neutral.
“They are both my cousins, we are neutral in this contest,” Cojuangco said, referring to his cousins Sen. Benigno “Noynoy” Aquino III, standard-bearer of the Liberal Party, and former Defense secretary Gilbert Teodoro who is the administration party’s presidential bet.
He said the party stands firm in its earlier decision not to support any presidential candidate in the May 2010 polls.
“We already supported our presidential contender, he backed out. So as far as we are concerned we’ve already done our duty to the country,” he said.
NPC had thrown its support behind Sen. Francis Escudero as its standard-bearer but he did not push through with his presidential ambition.
“Unfortunately our political fortunes were not with us for this election,” Cojuangco added.
However, he said his party is pinning its hopes on “a very viable vice presidential candidate in the person of Sen. Loren Legarda.”
“We are supporting her 100 percent,” he said.
Cojuangco also disclosed that the NPC has close to 80 congressional bets in 2010 in the entire country and there are about 32 incumbent congressmen, which number they hope to increase.
Chief News Editor: Sol Jose Vanzi
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