THE JUDICIAL AND BAR COUNCIL
Gentlemen:
The move of Judicial and Bar Council member, Rep. Matias Defensor, to advance the search process for the replacement of Chief Justice Reynato Puno, who retires four months from now on May 17, 2010, has created a maelstrom of controversy, with public opinion weighing heavily against it. Even within the JBC, the issue has created divisions among the members, so much so that it had to put off resolving the issue in its last deliberations.
The proponents of an early appointment of the next Chief Justice seek to mislead our people by deviously painting a grim scenario of a constitutional crisis if the position is left vacant for even a day. They wrongfully overlook the collegiate nature of the Supreme Court. As an institution, the Supreme Court has survived periods without a Chief Justice. As it has done on many instances in the past, the Supreme Court continues to act as a collegial body, even in the temporary absence of an appointed Chief Justice. There is no constitutional rationalization for the Judicial and Bar Council to allow the President to appoint the next Chief Justice.
Chief Justice Puno's retirement falls well within the presidential appointment ban prescribed under Section 15, Article VII of the Constitution. Clearly, the 1987 Constitution bans "midnight appointments," or appointments made in the waning days of a presidency. To advance the search and allow the present administration to appoint the next Chief Justice is to circumvent this constitutional prohibition. The President is poised to force the appointment of not merely a department head or a bureau chief, but the chief of the highest judicial authority of the country. If this deed is accomplished in this glaringly unconstitutional and shamelessly political manner, the respect of the people for this institution will continue to be gravely affected.
The JBC should not allow itself to be used by manipulative back room operators who negotiate on behalf of narrow and dark interests. It should not allow itself to be bullied into becoming a party to this unconscionable travesty.
Given the highly controversial nature of the issue, we urge the JBC to open up its deliberations on this matter in full view of the public. With public trust of institutions at an all-time low, the JBC would do well to dispel doubts by discussing this issue publicly. It is time to regain the trust of the public and make known how the JBC intends to serve the common good.
Thank you very much.
Sincerely,
(sgd.) (sgd.) (sgd.)
Marlon Manuel Roberto Cadiz Vincent Lazatin
Coordinator Executive Director Executive Director
Alternative Law Groups Libertas Transparency and Accountability Network