Noynoy may not take oath before Corona

TARLAC CITY , Philippines  – Anyone except Justice Renato Corona.

Presidential race frontrunner Sen. Benigno “Noynoy” Aquino III revealed he is contemplating on taking his oath as the new president before any magistrate but not before newly appointed Chief Justice Renato Corona.

“I’m considering it (not taking oath under Corona),” Aquino said, stressing the appointment of Corona by President Arroyo is questionable and “inappropriate.”

“Is it too much to ask President Arroyo not to add another problem for the next administration to inherit? There is still time for Mrs. Arroyo to reconsider her decision,” he said.

Aquino reiterated his position against the appointment of Corona.

He said Mrs. Arroyo should have waited for the next administration to name the replacement of Chief Justice Reynato Puno.

Aquino said the appointment of Corona is inappropriate because there is no vacancy to be filled since Chief Justice Reynato Puno is yet to retire on May 17.

Aquino said the SC ruling to allow President Arroyo to appoint the next chief justice despite the constitutional ban on midnight appointments is highly questionable. 

Four government lawyers told The STAR that Aquino is not under any obligation to have an incumbent chief justice administer the oath.

“Any justice from either the Supreme Court or the Court of Appeals will do. In fact, he (Aquino) can take his oath before a notary public. It can even be done by any judge or justice in general,” a Court of Appeals justice said.

On the other hand, a senior prosecutor said it has only been a tradition among newly elected presidents to have the chief justice swear them into office, but this does not necessarily mean they are required under the law to do so.

“Apparently, it has become a tradition. But it can be any justice for that matter. It doesn’t have to be the chief justice,” the prosecutor said.

“Of course, it’s a matter of respect, and considering the stature of the president, the chief justice can be there to do it.”

Another justice said there is nothing in the 1987 Constitution that requires the chief justice to administer the oath of office to the new president. “There is no provision in the Constitution that says it has to be the chief justice. It’s only by tradition. He can choose even a judge,” he said.

A retired magistrate added that if Aquino would allow Corona to swear him into office, it would put the new president in a bind, which would mean that he is already recognizing the validity of Mrs. Arroyo’s appointment that he has been questioning from the beginning. Meantime, Aquino is enjoying the last few days of his privacy.

Last Wednesday midnight, Aquino drove his aides to the nearby Microtel Inn and Suites here, where most of his staff – as well as the media – have been staying.

The 50-year-old bachelor, in his usual jovial mood, surprised his aides when he took the wheel of his BMW car, clad in short pants and T-shirt, which highly reliable sources said is his usual sleeping attire.   -With Jaime Laude, Paolo Romero