January 20, 2010, 04:51 PM

In spite of JBC decision: Legal and moral issues remain- TG Guingona III

Bukidnon Representative Teofisto “TG” Guingona III cautioned Malacanang against premature celebration as the  Judicial and Bar Council (JBC) moved yesterday to start the nomination process for the replacement of retiring Chief Justice Reynato Puno.

The solon said the move was just the beginning of a process and he urged palace officials not to pre-empt the JBC so as not put any undue pressure on this constitutional body.

“Beginning the nomination process does not validate the legality of GMA’s desire to appoint a chief justice before her term ends,” Guingona said.

All eight members of JBC met and unanimously agreed there was nothing wrong with opening the nomination four months before vacancy of the Supreme Court top post But the JBC opted not to decide yet as to when a shortlist of nominees would be submitted to the Palace.

“The JBC itself said that it has not yet decided on when to submit the short list of nominees. It has not even discussed the issue on whether GMA should be allowed to appoint a new chief just prior to Chief Justice Puno’s retirement,” Guingona stated.

Guingona also pointed out that Malacanang has no cause to celebrate the latest development with the JBC. The question of constitutionality still remains.

“There is no implied acknowledgement of the legality of GMA’s desire. Moreover, the independence of the Supreme Court is not at question here. The real issue is the legality, and more importantly, the propriety of GMA’s desire to appoint a new chief justice before Chief Justice Puno retires,” Guingona stressed.

“They are insisting on this in anticipation of a leadership vacuum if the elections fail. Is she preparing for a failure of elections? Is she planning on it?,” Guingona pointedly asked.

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