Justice Carpio's refusal an 'affront, Cabinet exec says

Malacañang suffered an "affront" when Supreme Court Associate Justice Antonio Carpio refused to be nominated as the next chief magistrate under President Gloria Macapagal-Arroyo, a Cabinet official said Thursday. In an interview with dzXL radio, Cabinet Secretary Silvestre Bello III said, “In a way, medyo may affront on the authority of the President. Pero kahit ganoon pa man nire-respect natin ang kanyang decision na 'di ia-appoint ng incumbent president," when asked if Carpio's condition was an insult to Mrs. Arroyo. (In a way, there was an affront on the President’s authority. Nevertheless, we still respect his condition not to be appointed by the incumbent president.) President Arroyo will "respect" Carpio’s decision, Bello said. Carpio earlier said his nomination should be ignored if his name is included in the list submitted by the Judicial and Bar Council to Mrs. Arroyo. [See: Carpio considers chief justice nomination, but—] “Okay naman 'yan if that is the desire of the senior associate justice of the Supreme Court na 'di siya tatanggap ng appointment. That will make it easier for President Arroyo to make a choice kung may isa-submit ang JBC sa kanya na listahan ng nominees," he said. (If it is the senior associate justice’s desire to decline the incumbent President’s appointment, it will make it easier for Mrs. Arroyo to make a choice if the JBC submits a list of nominees to her) Most senior magistrate Carpio told the JBC in a January 26 letter that he would consider nomination for the Chief Justice post, but only if it will be “submitted to the next President of the Philippines." His sentiments were similar to those raised by another associate justice and his distant cousin, Conchita Carpio-Morales. As the most senior magistrate next to retiring Chief Justice Reynato Puno, Carpio is one of the strongest contenders for the position. Puno is to retire on May 17. Under the 1987 Constitution, the JBC has to submit a list of at least three nominees, Bello said. With Carpio’s stance, he said Mrs. Arroyo will have one less to choose from. “Kung tatlo sila, ibig sabihin dalawa lang pagpipilian ni Pangulong Arroyo," he said. (If there are three nominees and one of them is Carpio, Mrs. Arroyo will have only two to choose from.) He also insisted that Mrs. Arroyo has the “obligation" to make an appointment 90 days from submission of the list of nominees submitted by the JBC. Violation of the Constitution Once the JBC submits such a list to Mrs. Arroyo, he said it will be an “implied recognition of authority of the president to appoint" the next Chief Justice. Earlier, Fr. Joaquin Bernas, one of the framers of the 1987 Constitution, said it would be unconstitutional for President Arroyo to appoint Puno’s successor even without the endorsement of the JBC. [See: Bernas opposes Arroyo appointment of next chief justice] Article VII, Section 15 of the 1987 Constitution prohibits presidents from making appointments 60 days before a national election. Bello appealed to the public not to politicize the issue. “Basta ang importante (What is important), my position is, she has the authority and power to make the appointment especially after JBC submits a list of nominees," he said. - RJAB/RSJ, GMANews.TV