President Gloria Macapagal-Arroyo can appoint the next chief justice, the Supreme Court said in a decision Wednesday, amid legal questions on whether the president can pick Justice Reynato Puno's successor within a period of two months before her term ends. In a special meeting, nine justices – Lucas Bersamin, Jose Perez, Roberto Abad, Martin Villarama, Teresita Leonardo de Castro, Arturo Brion, Jose Mendoza, Mariano del Castillo, and Diosdado Peralta – voted in favor of Arroyo's appointment of the next chief justice. Only Associate Justice Conchita Carpio Morales gave a vote of dissent, while magistrates Eduardo Nachura and Presbitero Velasco Jr. said the case was premature. Puno, Antonio Carpio, and Renato Corona inhibited themselves from voting. Carpio—the most senior magistrate—and Corona are the strongest contenders for the top judicial post. Citizens' groups and legal experts groups have expressed concern that Arroyo would be able to tighten her hold on the high court if she is allowed to appoint the next chief justice before she bows out from office on June 30. All the current members of the high court, except Puno, were appointed by. Arroyo. Section 15 Article VII of the 1987 Constitution prohibits the incumbent president from making appointments two months before an election and until his or term expires. Applied this year, the election ban started on March 10 and will last until the end of President Arroyo's term on June 30. Puno will retire on May 17, or seven days after the May 10 polls. The appointment of his successor has triggered legal and political debates, as it is the first time that the retirement of the chief justice falls on the period covered by Section 15, Article VII. “According to the majority, that constitutional ban on appointments only covers appointments in the executive department,” SC spokesman Midas Marquez said in an interview over ANC television station. – ABS
