MALAYA
‘If Puno had retired even before the ban, a vacancy would have been created. It could have been filled by the incoming president.’
THERE would have been no dispute over what is now described as the illegal appointment of Renato Corona as Chief Justice if then head magistrate Reynato Puno had not retired before he reached the age of 70.
The confusing part here is that Mr. Puno left the Court two months before the national elections held in May 2010. That time is covered by the period where a President is prohibited from making any appointment to the Judiciary.
There was nothing wrong with that if the Supreme Court had not been in so much hurry to make possible the appointment of a replacement in the person of Renato Corona.
If Puno had retired even before the ban, a vacancy would have been created. It could have been filled by the incoming president.
Whatever reason Chief Justice Puno had for retiring is not as important as the fact that he might have intended to leave the Court precisely to create a vacancy for President Arroyo to fill.
As shown by events that unfolded at that time, Gloria Arroyo had planned the appointment of Mr. Corona even before Justice Puno was appointed head of the Court. The stupid part of this equally stupid game is the failure of Chief Justice Puno to retire much earlier, at least at a time when President Arroyo, was not barred by the Constitution from making appointments to the Judiciary.
There is wide speculation that Mrs. Arroyo promised Mr. Puno that he would succeed then Chief Justice Artemio Panganiban. The condition, according to fertile minds of some lawyers and observers, was that Mr Puno would retire to create a vacancy for the second most senior associate justice who happened to be Renato Corona.
But how about the Constitutional prohibition? As things happened, Mrs. Arroyo did not have any respect at all for the fundamental law. By whatever means, she had to appoint a Chief Justice who is undoubtedly canine loyal to her as shown by Mr. Corona’s voting preferences even before he was appointed Chief Justice. He never dissented in cases where the politics or maybe fortunes of Gloria Arroyo were concerned.
She must have had the assurance of the magistrates she appointed that they will interpret the prohibition in favor of Mrs. Arroyo and Mr. Corona.
Thus, Associate Justice Lucas Bersamin, ponente of the case, declared that the position of Chief Justice cannot be vacant for even one second. To strengthen his argument, Justice Bersamin ruled that the President may make the appointment even without the names recommended by the Judicial and Bar Council.
Sensibly, Justice Corona inhibited himself from the deliberation. That was the clearest signal that he would be appointed as head of the Court.
It is strange that the JBC practically ignored the Constitutional prohibition by submitting a short list of nominees that included Mr. Corona. The JBC hurried up the submission of the list to the President, knowing that she was prevented from making the appointment.
Or was the JBC also pressured to submit the list? If there was pressure, who exerted it?
President Arroyo or Chief Justice Puno?
Whoever it was, we can a conspiracy where Mr. Puno may well be described as a co-conspirator.
In conspiracy, the act of one is the act of the others. If that is so, Gloria Arroyo, Mr. Puno and the rest of the members of the Court that “misinterpreted” the Constitution in favor of Mrs. Arroyo, are all in the conspiracy.
Justice Corona inhibited from the deliberation but he was the main beneficiary of the ruling.
He must have known that the Court would make a ruling that would “legitimize” his appointment.
Two of his peers – most senior Associate Justice Antonio T. Carpio and Justice Conchita Carpio Morales told the JBC that they were just as interested in becoming Chief Justice if the appointment were extended by the new president.
That is a polite way of saying that the appointment of Corona as Chief Justice does not sit with the requirements of the Constitution. But the Court has spoken. Mr. Corona has been appointed as head of the Court.
That was made possible with the retirement of Chief Justice Reynato Puno. If he had not retired, there would have been no vacancy that the Court later said cannot be vacant for one second.
Now, President Aquino is frothing in the mouth against the Chief Justice and says his appointment was illegal. Not exactly, if we follow the doctrine that the court is right even when it is wrong.
Everybody has a moral right to criticize the mistakes of the Court. But the Court stands pat on the legitimacy of the position of Mr. Corona as Chief Justice. If President Aquino had made good his threat to recall the appointment of Corona, he would surely have failed.
The Court will protect its Chief. Otherwise, it would lose the immoral authority to protect Mrs. Arroyo from the heinous crimes, particularly plunder, that she knew would be filed against her.
But she also knew that she could sit in comfort in the belief that the Highest Tribunal is in her pocket.
It is entirely possible that Mrs. Arroyo can be convicted by the Sandiganbayan for the heinous offense of plunder.
The law allows her to appeal to the Supreme Court. And she will definitely appeal. And just as definitely, the Court will reverse the decisions of the Sandiganbayan. Gloria Arroyo can be freed by the Supreme Court.
It is for this reason that President Aquino is throwing invectives at the Chief Justice. He clearly wants people to understand that the Chief Justice of Gloria Arroyo must be yanked out of office if the former president is to be given a trial unfair to the law and the people who hate her with a passion.
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