Puno says no certainty on Cha-cha

Contrary to Speaker Jose de Venecia Jr.’s statement that there will be a two-pronged Supreme Court victory for Charter change advocates, newly appointed Chief Justice Reynato Puno said yesterday that no one can yet tell whether the High Court will reverse its position on the issue under his watch.

In a press conference on his first day as chief justice, Puno said people are free to think that they can "figure him out."

"They can entertain that kind of opinion. But I think my record would speak otherwise. I don’t know of any person who would figure me out. Again, I would not want to be heaping praises on myself. I appeal to my voting record in various decisions of the court," Puno said.

He said he was appointed by former President Fidel Ramos as associate justice of the Supreme Court.

"If you will remember, Sen. Miriam Defensor-Santiago filed an electoral protest against... Ramos. Well, that protest was dismissed by the Supreme Court. Meaning to say, it is in favor of... Ramos. I dissented in that decision," Puno said, noting that this incident is "one example that would show that I will not condition my vote."

As for the issue of the people’s initiative, Puno said he always espoused the same view even during the first time that Charter change was brought to the Supreme Court — that the law is sufficient and adequate to use people’s initiative as a vehicle to amend the Constitution.

"I have always espoused the same view the first time this was raised in the Supreme Court. The law was sufficient, was adequate to be a vehicle which respect the rights of the people to propose amendments to the Constitution," Puno said.

He also said he never changed or modified his position on Charter change.

"There is a big difference between the people’s initiative and the so-called con-ass (or constituent assembly). At this stage, nobody can tell with certainty what will be the final shape of the proposition that will come out. It is almost impossible to say how the court and individual justices will look at that issue, which is still developing. There is a way of difference. No way of comparing apples with oranges," Puno said.

In his opening statement, Puno said he will stand for constitutionalism and the rule of law, adding that the Supreme Court’s actions "will be dictated by only one consideration, the mandate of the Constitution."

Reports earlier quoted De Venecia as saying the High Court is likely to reverse an earlier ruling that dismissed a petition by the Sigaw ng Bayan and the Union of Local Authorities of the Philippines seeking to nullify the en banc ruling of the Commission on Elections last Aug. 31 junking Sigaw and ULAP’s proposed people’s initiative.

Bucking pressure

After he was sworn into office shortly before midnight Wednesday by President Arroyo, Puno vowed to be impartial and responsible amid many controversies and pressures.

"I accept the appointment with a clear awareness of the defining role of the judiciary as our people confront turning point after turning point in life," he said.

Puno noted that "the judiciary may not have the power of the sword, may not have the power of the purse but it has the power to interpret the Constitution and the unerring lessons of history tell us that rightly wielded, that power can make a difference for good."

Puno was with his family when he took his oath of office at Malacañang. His wife, former Supreme Court clerk of court Luzviminda Puno, has passed away.

"With this acceptance, I pledge to do what is expected of me: to espouse no ideology but constitutionalism; to uphold no theology but the rule of law," he said.

Puno added that "the judiciary has but one constituency and it is a constituency of one — blindfolded lady with a sword unsheathed. She represents justice, fair justice to all, unfairness to none. I hope to be an instrument of this kind of justice."

Executive Secretary Eduardo Ermita said Mrs. Arroyo did not want the position to be vacant and decided to appoint a replacement for Chief Justice Artemio Panganiban as soon his retirement took effect at midnight yesterday.

Press Secretary Ignacio Bunye said Puno deserved to be chosen for such position.

"Puno has distinguished himself as a legal scholar, staunch defender of the Constitution and advocate of the rule of law," he said. "He is expected to lead the Supreme Court with wisdom and great love for our country."

Puno thanked Mrs. Arroyo for making him the country’s 22nd chief justice and God for the "extraordinary gift, more accurately, this trust which is heavily laden with responsibility."

Aside from issuing a final ruling on the people’s initiative, the Supreme Court is expected to rule on the constituent assembly being pushed by the House of Representatives as a means to amend the Constitution even without the Senate.

Lawmakers hailed Puno’s appointment as chief justice.

Sen. Richard Gordon said Puno is "a man of great rectitude... (and) tremendous legal wisdom," while Sen. Juan Ponce Enrile expressed confidence that the Supreme Court cannot be influenced by anyone in power.

Senate Minority Leader Aquilino Pimentel Jr. said he has "more faith" in Puno’s integrity "than the administration congressmen led by... De Venecia."

Sen. Miriam Defensor Santiago, whose name was dropped from the shortlist of chief justice nominees submitted by the Judicial and Bar Council to the President, also aired her support for Puno.

House Majority Leader Prospero Nograles welcomed Puno’s appointment, describing him as "a known constitutional expert in the legal profession and a man we can respect, (someone) who stands his ground." — with Marvin Sy and Delon Porcalla