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MANILA, Philippines - A Supreme Court (SC) official sees nothing wrong with President Aquino’s appointment of new judges during the election period.
Court Administrator Jose Midas Marquez told The STAR the election ban on midnight appointments does not cover those of 61 judges last March 27 and four judges last Wednesday.
“The Comelec (Commission on Elections) already said the appointment of judges is exempted from the ban,” Marquez said.
“We’re talking about a ban imposed by the Comelec, and not the constitutional ban which only applies during the presidential election,” he added.
The SC received the appointment papers of the 61 new judges last March 27. Also appointed were Development Bank of the Philippines and Land Registration Authority officials.
Most of the appointees were not able to take their oaths of office last week because of the Holy Week break.
Under Aquino’s second executive order voiding midnight appointments of the Arroyo administration, the ban covers the entire process of appointment – including acceptance and oath-taking.
Aquino defended himself yesterday from insinuations that he had a skewed interpretation of midnight appointments in the past administration when he named the new judges last week.
Speaking to reporters, Aquino said former President Gloria Macapagal-Arroyo’s appointment of Renato Corona as chief justice in May 2010 was a clear case of midnight appointment although the SC had upheld it twice.
“Please bear with me if I will make a short lecture here,” he said. “There is a big difference in the case of Corona.”
Aquino said the Constitution mandates an appointment ban two months before elections.
“The most important thing here is ‘two months before and up to the end of the term’,” he said.
“Corona was appointed one week after the elections, whereas mine did not have the conduct of the elections yet.”
Aquino said he signed the appointments of the new judges on March 26, three days before the March 29 appointment ban, which fell on Good Friday, a holiday.
“I didn’t do a hocus-pocus on this,” he said.
“Of course I also have to study the nominees as much as possible. What was his grade when he passed the Bar? What are his outputs in terms of decisions when he was still a judge?”
Aquino said the Comelec has sanctioned the appointment through Resolution 13-0331, dated March 5.
“It states that appointments to the judiciary as provided by Article 8, Section 4, Subsections 1 and 9, which is the judiciary portion of the Constitution, are not covered by the election ban in Section 261, Subsection g of the Omnibus Election Code,” he said.
“So if I may repeat: I was informed before I undertook all of this that I can take my time for as long as this falls within the 90-day period within which I should act.
“On Tuesday (March 26) night, I really stayed up until about 11 p.m. just so that they can comply with all of the requirements of taking office where there will be no question on the election ban even though they’re exempted from the ban.”
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