Dozens of lawyers and activists protested outside the Supreme Court Friday against a decision to let President Gloria Macapagal Arroyo appoint a chief justice even after elections for her successor are held. Arroyo's political opponents have criticized the court ruling, claiming it could be part of plans to keep her in power beyond the end of her term on June 30 or to ensure she maintains a lot of political influence. Legal experts said the chief justice could be influential after the May 10 elections if the court has to make rulings in the event of problems with automated voting systems, which are being used for the first time, or if there is no clear winner. An economist at a local brokerage, who did not want to be identified, said markets were watching developments because of concerns about the risk of an election failure. “It's a concern,” said the economist. “Any development that points to a grand scheme of extending the political power of the president could lead to instability and political uncertainty.” In January 2001, the court legitimised Arroyo's takeover from President Joseph Estrada, who was forced out of office. The current chief justice is due to retire on May 17, one week after the presidential elections are held. Arroyo is not eligible to stand for president again, but is running for a seat in the lower house of Congress that she is expected to win. “Mrs. Arroyo has not expressed any desire to remain in office beyond her term,” presidential spokesman Gary Olivar told reporters when asked whether the court ruling could be part of a plan to extend her term beyond June 30. “Definitely not,” Olivar said. There is a law banning political appointments during an election period, but the judges ruled that law covered executive and not judicial positions. “I think the Supreme Court misread the constitutional provision and twisted its rationale to provide justification,” opposition lawmaker Aquilino Pimentel said in a statement, describing it as “a big blow against the rule of law”. The protesters, mostly in black shirts and carrying placards and banners calling for the defence of judicial independence, were blocked outside the Supreme Court by barricades and anti-riot police. They burned effigies of the president and the justices. Protest leaders promised more rallies to maintain the pressure on the 15-member high tribunal to reverse its ruling. Silvestre Bello, a former cabinet secretary for Arroyo and a Senate candidate in the elections, said the issue could be put to rest if the president left the appointment to her successor. Noynoy willing to join In Iloilo city where he was campaigning, Senator Benigno “Noynoy” Aquino III Friday said he was willing to join street protests against the court decision.. Aquino said he hopes the people in the provinces where he is set to campaign in the following days will understand if he does not proceed there as scheduled to join protest marches. “I think there are protest marches being planned by different groups who, like me, are confused by the SC decision,” Aquino told reporters at the Loakan airport. “I hope there will be no conflict, because we have committed to show up at four provinces,” he added. – Reuters/GMA I hope they will understand if I will join the protest movement),” Aquino said when asked whether he would join the protests. Among the groups reported to be planning to hold protests over the controversial SC decision are the Anakpawis party-list and Kalipunan ng Damayang Mahihirap (Kadamay) who are expected to stage their own protest among Commonwealth Avenue in Quezon City at 5 p.m. Friday. Earlier in the day, various groups staged a rally in front of Supreme Court in Manila condemning the nine justices who voted in favor of the decision allowing Mrs. Arroyo to appoint the next chief justice. A GMA News report said partylist group Kabataan even set on fire the pictures of the nine justices. Among those who joined the protest action were independent presidential candidate Senator Ma. Ana Consuelo “Jamby” Madrigal, senatorial candidate Akbayan Rep Ana Theresia Hontiveros, Senator Francis Pangilinan, and Bayan Muna Rep. Teddy Casi?o. Pessimistic on motion for reconsideration The groups said they will be filing a motion for reconsideration against the SC decision. As if on cue, Aquino said he support any motion for reconsideration to be filed, even as he is not expecting the high tribunal to reverse its decision. “Sa tradition bihira pag nag-decision en banc na nire-reverse ang sarili nila (Traditionally they rarely reverse a decision made en banc),” Aquino said. Aquino said that if a chief justice is appointed by the Arroyo administration, there are legal means that can be considered by the new administration, including impeachment of officials involved, if the court decision is later found to be unsound. “If it can be proven that the decision was not done on sound principles, that might be a ground for impeaching an impeachable officer,” he said. Chief Justice Reynato Puno, the only incumbent Supreme Court member not appointed by Mrs. Arroyo, is set to retire May 17. Controversial decision On Wednesday, the Supreme Court voted in favor of Mrs. Arroyo's appointment of Puno's replacement even during the election period. The court's decision on Wednesday was a response to separate petitions asking the high tribunal to prevent Mrs. Arroyo from appointing Puno's replacement. The petitions were from the Philippine Bar Association, chapters of the Integrated Bar of the Philippines, the National Union of Philippine Lawyers and party-list group Akbayan. In their decision, the nine justices who comprised the majority vote said the appointment ban cited in Section 15 Article VII of the 1987 Constitution only applies to the executive department. [See: Supreme Court allows Arroyo to appoint next chief justice] The decision was met with protests from legal experts and critics of the Arroyo administration, who fear that Mrs. Arroyo would be able to tighten her hold on the high court if she is allowed to appoint the next chief justice before she bows out as President on June 30. — with a report from Amita Legaspi/RSJ, GMANews.TV __
