Former Justice Secretary Artemio Tuquero said Ms Arroyo could still appoint the next chief justice but he also conceded that the issue would be ultimately decided by the Supreme Court itself.
The former dean of the law schools of the University of the East and of the Manuel L. Quezon University said Ms Arroyo has been mandated by the Constitution to appoint Puno’s successor within 90 days after his retirement on May 17, a day well within the constitutional ban.
“Should (Ms Arroyo) decide to fill the vacancy to be created by the retirement of Chief Justice Puno, the appointment she issues would be considered valid,” Tuquero said in a legal opinion.
“Only the Supreme Court, in an appropriate case that may be lodged with, can declare the same null and void,” he added.
The Judicial and Bar Council decided last week to start the nomination process for the post that Puno would leave a few days after the elections in May.
It, however, deferred its decision on whether to submit the list of nominees to Ms Arroyo or to her successor after her term ends.
The JBC has taken note of the contrasting opinions on whether Ms Arroyo can still appoint the next Chief Justice considering the ban on “midnight appointments” late in her term.
It resolved to welcome all opinions related to the matter before deciding on when and whom to submit the shortlist of nominees to.
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