Groups unite against ‘midnight Chief Justice’
by Edmer F. Panesa and Leonard D. Postrado
from Manila Bulletin
Civil society and militant groups joined forces Monday to urge the Supreme Court (SC) and the Judicial and Bar Council (JBC) to move away from the attempt of President Gloria Macapagal-Arroyo to appoint the successor of Chief Justice Reynato Puno despite the election appointments ban rule.
Their respective leaders gathered together at a restaurant in Ermita, Manila for the signing of a manifesto of solidarity against the appointment of a “midnight Chief Justice.” After which, the group held a solidarity march to the SC building on Padre Faura, where they submitted the manifesto.
The signatories to the manifesto include former Defense Secretary Avelino Cruz, former Finance Secretary Cesar Purisima, former Agriculture Secretary Fulgencio Factoran, former Senator Wigberto Tañada, former congresswoman Loretta Ann Rosales of Akbayan Party-list.
The manifesto was also signed by militant Reps. Teodoro Casiño of Bayan Muna and Raymond Palatino of Kabataan Party-list and leaders of various organizations of lawyers and law students.
The last time the civil society and the militants teamed up was during the filing of impeachment complaints against President Arroyo in Congress from 2005 to 2008.
In their manifesto, the groups insisted on the unconstitutionality of appointing Puno’s successor when he retires on May 17 in view of the constitutional ban on midnight appointments, which starts on March 10, or two months prior to the May 10 elections, and lasts on June 30.
They called upon the SC to be “steadfast in defending the integrity and independence of the judiciary against any and all attempts to ravage the same by unconstitutional means.”
They said JBC must “remain committed to the Rule of Law and to uphold decency and propriety in the discharge of its mandate, even if it means going against the dictates and caprices of the powers-that-be.”
The groups warned that the “bastard appointment of a midnight Chief Justice” was part of a grand design to extend President Arroyo’s “power and influence over institutions of government
beyond her term of office.”
The manifesto came as the JBC resumed meeting on the issue after a two-week break.
Several petitions have been filed with the SC seeking to either allow or prevent Mrs. Arroyo from appointing the next Chief Justice.
The JBC has already started the selection process for the next Chief Justice, but decided to defer to the SC on whether or not it could still submit its shortlist of nominees to Mrs. Arroyo.
The eight-member council, chaired by Puno, recently concluded soliciting public comments on the six candidates for the Chief Justice post, namely: SC Associate Justices Antonio Carpio, Renato Corona, Conchita Carpio Morales, Teresita Leonardo de Castro and Arturo Brion; and Acting Presiding Justice Edilberto Sandoval of the Sandiganbayan.
More than 600 members from various sectors of society joined the so-called “solidarity march” toward UP Manila in Ermita, Manila last Monday.
The marchers included members of the Association of Law Students of the Philippines (ALSP), AKBAYAN, Bayan-Muna, Integrated Bar of the Philippines (IBP) Pasay, Parañaque, Las Piñas, Muntinlupa, Makati Chapters, IBP Makati Chapter, Alternative Law Groups (ALG), Supreme Court Appointments Watch (SCAW), UP Collegian (Manila), and Tau Kappa Phi (FEU).
Law students from different universities clad in black t-shirt bearing the message “No to Midnight Chief Justice” joined the march, chanting “bastusan tigilan, hukuman ipaglaban.”
Protesters carried effigies of President Arroyo and a man clad with a judge’s suit who represents the would-be midnight appointee of the President.
Charlotte Silungan, chairperson of ALSP-National Capital Region, said different groups from various sectors of society held the solidarity march to urge the SC and the JBC to “defend the integrity and independence of the Judiciary.”
“The march coincides with the last JBC meeting before the ban on midnight appointments takes effect on March 10. The Supreme Court is also set to deliberate tomorrow on whether to conduct oral arguments on petitions filed to allow Mrs. Arroyo to appoint the successor of Chief Justice Reynato Puno, who is set to retire on May 17,” Silungan said.
“We are likewise holding this solidarity march as our way of condemning Mrs. Arroyo’s shameless abuse of power, blatant violation of the letter and spirit of the Constitution, breach of the public trust and disrespect for the independence and integrity of the Judiciary,” she said.
The public mind is just speculating whether the present president is legally right to appoint the successor of the outgoing chief justice considering the pros and cons prevailing on the potential issue.
There is no issue at hand yet…therefore -
If I were the president, whether I am PGMA or not, I will exercise that right to appoint the next chief justice and let the Supreme Court decide on the case. As the president, I exercised my right in serving the people. If I am wrong, I am wrong. This means I am not above the Supreme Court.
Without a ruling by the Supreme Court, people will be divided. Let’s respect the decision of the Supreme Court to decide on the issue.