The Legal, the Political, and Executive Power

Of late, public debate has centered on GMA's appointment of her former Chief of Staff Renato Corona as Chief Justice. On the surface, everything seems perfectly legal. After all, GMA is backed by a Supreme Court decision.

But behind it all is the fact that the justices who voted in favor of GMA were all her appointees. And GMA's appointment of Corona caps her political control of the Supreme Court.

Surely, it is not amiss now to be wary of GMA's next moves as a Congresswoman-and probably Speaker. She could position herself again to push for Charter Change with the ultimate objective of her return to power as Prime Minister in a parliamentary system. Cha-Cha can very well cut short Noynoy's term of office, if not abolish the presidency altogether.

Let us not forget that GMA almost succeeded in her People's Initiative, which would have allowed her to remain in power. It was only because the Supreme Court then held its ground that she was prevented from pursuing her "gigantic fraud". But a GMA Court now could very well pave the way for yet another Cha-Cha attempt.

Indeed, going back to the controversial decision that gave GMA the imprimatur to appoint Corona, what the GMA majority in the Supreme Court ruled upon was this provision of the Constitution:

"Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety." (Art. VII, Sec. 15)

In holding that this prohibition on "midnight appointments" did not cover the judiciary, the GMA majority mainly relied on the so-called "ordering" of the provisions of the Constitution. According to them, since this ban was under article VII on the executive, it did not extend to the judiciary under article VIII where there is a 90-day duty on the president to fill any vacancy in the court.

In law, this is a reasoning that is no reasoning at all for the fundamental principle of constitutional construction or reading is the plain language and meaning of the provision concerned. Precisely, "ordering" is obviously irrelevant for the point that the GMA majority blinded themselves to is the question of the power of appointment of the president. Indeed, this matter is also treated in other articles of the constitution like article IX on the appointment of the members of the CSC, Comelec, and the COA as well as article XI on the appointment of the Ombudsman and his deputies.

In any event, when Noynoy becomes president, it will be his solemn Oath to preserve and defend our Constitution. For this he can make the executive determination that the Supreme Court was in supreme error. Consequently, he can legally stand his ground on his campaign vow not to recognize GMA's Chief Justice.