President Benigno Aquino III said Wednesday that he will maximize the 90-day allowance given by the law for him to pick a replacement for former chief justice Renato Corona.
Aquino said in his speech that he has 90 days to guarantee that the next chief justice will be self-governing, knowledgeable, and with the honesty required to guide the judiciary.
Iloilo Rep. Niel Tupas Jr. said that the Judicial and Bar Council will meet on Monday to discuss the procedure of appointing a replacement for Corona.
Tupas, was the chairman of the committee on justice of the House of Representatives and also has a part in the JBC, whose ex-officio chairman was CJ. According to him, since the council has no chairman as of the moment, because the Senate impeachment has found CJ Corona guilty and has removed him from office, they may designate a temporary presiding officer.
However, an acting chief justice is not allowed to sit as council chairman since the Constitution explicitly states that the Chief Justice, not an acting chief magistrate, heads the JBC in an ex-officio capacity, according to Tupas.
He added, "The council is a collegial body. It can function even without the Chief Justice, like in this case when the Chief Justice is removed from office through the impeachment process."
Tupas added that without such list, the President cannot appoint a replacement. He also cannot appoint one not in the JBC's nomination list.
On the other hand, Senate President Juan Ponce Enrile said that CJ's replacement must just be selected from between the current justices while the Senate's representative to the JBC thinks the body should do the selection process, as well as accept applicants from 'outside'. — ARA
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