Corona: I'm no midnight appointee

BACOLOD CITY, Philippines – Chief Justice Renato Corona said Malacañang’s Executive Order 2 was proof that his was not a midnight appointment.

“To me, as far as Executive Order No. 2 is concerned, it only confirms that my appointment as chief justice is valid, constitutional, legal, and definitely not a midnight appointment,” Corona said on the sidelines of the launching of the “Enhanced Justice on Wheels” here.

“It is very clearly stated in the Constitution, contrary to the very malicious and misleading statements of some people, that there is a very specific provision which exempts the Supreme Court from the midnight (appointments) ban,” he pointed out.

He explained that this provision ensures that “the work of the judiciary cannot be hampered – that is the rationale behind that constitutional provision.”

Shortly after getting elected in May, President Aquino said he would not recognize his predecessor’s “midnight appointment” of Corona as chief justice.

But during the “Red Mass” at the Manila Cathedral last July 7, Mr. Aquino shook hands with Corona.

The President also acknowledged Corona’s presence in his first State of the Nation Address on July 26.

Chief Presidential Legal Counsel Eduardo de Mesa said the Supreme Court had already affirmed the validity of Corona’s appointment.

“It has always been harmonious. It will always be. That’s what I’m saying from Day One,” Corona said when asked if the judiciary’s relationship with the executive branch would be harmonious.

“The judiciary is not his (Aquino) enemy. We are ready to cooperate for a better Philippines. We are here to support the government,” he said.

“But we also have work to do. If he (Aquino) is right, we will uphold him. If he is wrong, we will tell him gently, you’re wrong,” Corona said.

He declined to comment on the revocation of midnight appointments through EO 2.

“I think there will be cases to be filed in the courts so I would rather not comment on it, I might commit sub judice,” he said.

He also declined to comment on the issue of the unconstitutionality of the Truth Commission. “There is a pending case before the courts for it. I refuse to comment. I might be TKOd (technical knockout),” he said in jest.

SC elated

EO 2’s clear definition of what constitutes midnight appointments is Malacañang’s formal acknowledgement of Corona’s position, according to SC spokesman Midas Marquez.

“The categorical recognition is always welcome and appreciated even if there have been implied acknowledgments in the past,” Marquez said in a statement,

The Palace on Wednesday affirmed the appointment of Corona last May 17, citing the SC ruling on March 17 declaring that appointments to the High Court are not covered by the election ban on midnight appointments under Article VII Section 15 of the Constitution.

De Mesa, however, stressed that EO 2 might cover some members of the judiciary.

Corona’s recognition by the Palace came in the wake of his being chosen chairman of both the ASEAN Law Association of the Philippines (ALA Philippines) and the ALA Philippine National Committee. – With Edu Punay