Election Politics and the Issue of Chief Justice Succession
Election Politics and the Issue of Chief Justice Succession
By Marcing Pin
Just recently and even now, the Judicial and Bar Council (JBC) faces increasing pressure over the upcoming vacancy of one of the most important positions in the Philippines, Chief Justice of the Supreme Court. The incumbent Chief Justice Reynato Puno is set to retire in May 17, 2010 and about the same time that the country has no Senate President and House Speaker to lead the Legislative branch of the government. The current resident of the Malacañang Palace and her allies wants to appoint the new Chief Justice before the General Election while some members of the opposition, lead by Senator Benigno “Noynoy” Aquino III wants the right to appoint the new Chief Justice be given to the incoming elected president after May 2010 or should I say, after June 30, 2010.
The Supreme Court is one of the three most important branches in the Government. The Chief Justice is the head of the judicial branch of the government. The President, on the other hand, is the head of the Executive branch while the Senate President and the House Speaker heads the Legislative branch (Bicameral Congress – Upper House of Senate and Lower House of Representatives). All three branches are independent from each other and supposed to check each other according to the Constitution. The Executive has the power to appoint the Chief Justice (but does not have the power to remove) while the Legislative has the power to remove or impeach President, Vice President and Chief Justice. The Supreme Court, on the other hand, has the power to override stupid and unethical laws passed by elite-dominated Congress or signed by the President, or to ensure that the Executive and Legislative branches of the government do not violate the Constitution.
I think if the outgoing President appoints the new Chief Justice of the Supreme Court then the incoming president cannot replace the person appointed to that post simply because the Supreme Court is independent from the Executive and Legislative. The incoming president cannot just replace the Chief Justice once the said appointee becomes the official Chief Justice. It will surely breach the Constitution and the High Court will lose its authority and judicial independence…
