The Supreme Court today gave President Arroyo the power to appoint
the successor of Chief Justice Reynato Puno who is retiring on May 17.
In a 55-page landmark rulling penned by Associate Justice Lucas
Bersamin, nine justices of the Court agreed that the appointment of the
chief justice is not covered by the constitutional ban on midnight
appointments.
"Had the framers intelnded to extend the prohibition contained in
section 15, Article VII to the appointment of members of the Supreme
Court they could have explicitly done so," the high court said in
affirming the arguments presented by the petitioners, lawyers Arturo de
Castro, Estelito Mendoza and Philconsa.
Concurring with the majority decision were Justices Jose Perez,
Roberto Abad, Martin Villarama, Teresita Leonardo, Teresita Leonardo-de
Castro,Arturo Brion, Diosdado Peralta, Jose Mendoza and Mariano del
Castillo.
Justice Conchita Carpio Morales dissented, while Justices Antonio
Eduardo Nachura and Presbitero Velasco Jr. voted that the case is
premature.
Chief Justice Puno and the two frontrunners for the position – Senior
Justices Renato Corona and Antonio Carpio – did not take part in the
voting.
David Mikael Taclino
Inyu Web Development and Design
Creative Writer
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