MANILA (January 28, 2010) -- President Arroyo is not worried that two magistrates being considered for nomination to become the next Chief Justice have expressed preference that her successor makes such appointment, a Palace official said Thursday.

Deputy Presidential Spokesman Gary Olivar said the President respects the views of Supreme Court Associates Justice Antonio Carpio and Conchita Carpio-Morales, but said the President is expected to consider “national interest” and all divergent legal opinions when decision time comes.

Carpio, the most senior of the contenders for the top SC post, earlier expressed interest to be nominated for the position only if the next President will appoint the replacement of Chief Justice Reynato Puno.

Morales, another nominee to the top SC post by the Judicial and Bar Council (JBC), expressed a similar position a few days earlier.

Olivar denied that the President was in a dilemma over the selection of the new Chief Justice following the refusal of Carpio and Morales to acknowledge her appointing powers.

“If the deadline comes and the JBC has not submitted any list, the President reserves her right to make her decision on what to do at that point,” Olivar told reporters, adding that several legal opinions on the matter have been submitted to the President.

“The President will consider all views and then decide what she thinks is best in terms of national interest and as well as constitutional and judiciary considerations,” he added.

Olivar likewise said the positions expressed by Carpio and Morales showed the independence of the members of the High Tribunal despite their being appointees of the President. He said Carpio’s judicial view does not necessarily reflect “any personal animosity” towards the President.

“The President will certainly pay attention to his (Carpio) views when the time comes. We aren’t there yet. The deadline is still far and the JBC has not yet submitted its shortlist,” he said.

Olivar said the President may take into account seniority in appointing the next Chief Justice “but what I know what the law requires of the President is to make a decision from the list of the JBC.”

Despite their objections to Mrs. Arroyo’s appointing authority, Olivar said Carpio and Morales apparently remain on the shortlist for the replacement of Puno, who retires on May 17.

Associate Justice Renato Corona was also selected by the JBC as a nominee for the top SC post. Corona, older than Carpio by a year, has not yet submitted a letter required by the JBC to accept the nomination.

The JBC has agreed to start the nomination process for the next Chief Justice but remains undecided when it will submit its list to the President.

Debates continue on whether President Arroyo can appoint Puno’s replacement since his retirement falls within a three-month constitutional ban on government appointments.

Malacañang insists that the ban does not cover appointments to the High Tribunal. The President, according to Palace officials, is also mandated by law to name a Chief Justice within 90 days of a vacancy.