MANILA, Philippines – The vacancies left by the retirement of two justices last month may have tied the hands of the Supreme Court (SC), especially on big cases like the petition to exhume the body of former president Ferdinand Marcos at the Libingan ng mga Bayani.
A source, who spoke on condition of anonymity due to lack of authority to speak for the SC, said it is important to keep the composition of the high tribunal complete when it needs to act on urgent cases.
The Judicial and Bar Council (JBC) submitted to the Palace the shortlists for the replacements of Associate Justices Jose Perez and Arturo Brion over a month ago, but President Duterte has yet to name his first two appointments to the high court.
While the President has 90 days from the time of vacancy to appoint a justice, an insider cited several precedents where vacancies were filled in a month or less.
The insider also cited the 2009 ruling of the high court exempting the vacated posts from the ban on “midnight appointments during election period,” a move that paved the way for the appointment of the late chief justice Renato Corona.
Since last month, the source said, the SC has been confronted with many urgent pleadings, including the motion of martial law victims to exhume Marcos’ remains. The burial was made after the high court ruled in November last year that the late president could be buried at the cemetery for heroes.
Before the retirement of Perez last Dec. 14 and Brion last Dec. 29, the high court also set for resolution the cases involving the Torre de Manila condominium.
Several motions were also filed by parties in the election protest filed by former senator Ferdinand Marcos Jr. against Vice President Leni Robredo before the Electoral Tribunal.
“While the Court can decide on cases with less than 15 members, it is always preferable to have a complete composition just like in other collegial bodies where consensus is important,” the insider told The STAR.
For the post left by retired justice Perez, the JBC shortlisted five candidates: Court of Appeals Presiding Justice Andres Reyes Jr., Associate Justices Jose Reyes Jr., Apolinario Bruselas Jr. and Japar Dimaampao, and Sandiganbayan Associate Justice Samuel Martires.