The National Union of Peoples' Lawyers, with hundreds of volunteer human
rights lawyers nationwide, has taken steps to ensure the preservation
of the integrity of our judicial system and the effective delivery of
justice to the people.
In this light, we have
filed an Opposition-in-Intervention with the Supreme Court today to
oppose any possible move by the President Gloria Macapagal-Arroyo to
appoint a new Chief Justice of the highest court in the land before she
steps down from office. The NUPL is opposing the present petition lodged
before the Court to compel the Judicial and Bar Council to submit its
list of nominees for the position to President Arroyo on both procedural
and substantive grounds.
The incumbent Chief Justice Reynato
S. Puno will retire on May 17, 2010, creating a vacancy in the highest
seat of the Supreme Court. Only until Chief Justice Puno vacates his
position will an actual vacancy be created.
The NUPL's
petition is anchored on three strong arguments. First, the President may
not appoint anyone for the position of Chief Justice, as there is yet
no vacancy for that position. Second, in the event that the vacancy
comes into existence, the President is still prohibited to appoint,
since the vacancy in the Chief Justice position will fall within the
prohibited period of sixty (60) days before the presidential elections.
Such an appointment is referred to as a "midnight appointment", which is
expressly prohibited by none other than the Constitution, the highest
law of the land. Third, there are already rules in place should such a
vacancy occur, and the most senior Justice on the Bench shall become
Chief Justice in an acting capacity, until the new president appoints a
new Chief Justice.
In its desire to
appoint a new Chief Justice, President Arroyo will be transgressing
several laws and the Constitution and will also be breaking a long
tradition already in place in our judicial system, and will also be
encroaching upon the powers and the independence of the Judiciary.
The NUPL
will not stand idly while the outgoing president tries to pull another
sleight of hand while the country is in the middle of the election
turmoil.#
Reference:
Atty. Edre U. Olalia
Acting Secretary General
Atty. Julius Garcia Matibag
Spokesperson
