Arroyo Can’t Appoint New SC Chief – Bernas

MANILA, Jan. 22, 2010- President Arroyo has no power to appoint the next chief justice of the Supreme Court, constitutionalist Fr. Joaquin Bernas, SJ, said Friday.

Bernas, dean emeritus of the Ateneo Law School, said that Mrs. Arroyo will be violating the Constitution if she would insist in appointing the successor of Chief Justice Reynato Puno.

The Charter, he said, forbids the President from making appointments within 60 days before her term ends on June 30 this year.

The prohibition, said Bernas, one of the writers of the current Constitution, covers appointments in the judiciary.

To preserve the credibility of the high tribunal, the Jesuit priest said Mrs. Arroyo should instead let her successor name the next chief justice.

Bernas said Mrs. Arroyo should not let the justices fight over the issue on whether or not she can appoint the successor of Puno, who retires on May 17.

"The very dangerous thing here is to let the Supreme Court fight over this, that the justices will fight among themselves. This would really destroy the credibility of the Supreme Court," he said.

Bernas was one of the speakers during a forum, organized by the Philippine Association of Law Schools, Libertas, and Transparency and Accountability Network, at the Traders Hotel in Pasay City.

He said there is nothing to worry about having a leadership vacuum when Puno retires because under the law, the most senior associate justice can take over from a retiring chief justice in an acting capacity until the position is filled.

Also present during the forum was former Senate President Franklin Drilon who said that the Judicial and Bar Council (JBC) has a huge role to play on the issue.

According to Drilon, the law empowers the JBC to submit its nominees to the President but only on or after May 17.

He said it would up now to Mrs. Arroyo's successor to decide on the list. (Roy Lagarde)