By Norman Bordadora
Philippine Daily Inquirer
First Posted 23:48:00 08/04/2010

THE VALIDITY of the appointment of Chief Justice Renato Corona has been acknowledged by President Aquino, his chief legal counsel, Eduardo de Mesa, said Wednesday.

De Mesa made the statement at a news briefing, in the course of announcing the President’s Executive Order No. 2, which recalled, withdrew and revoked his predecessor’s “midnight appointments.”

In reference to the “whereas” clause that exempted Corona from the order, De Mesa was asked if Mr. Aquino had recognized the validity of then President Gloria Macapagal-Arroyo’s appointment of Corona as Chief Justice on May 12.

“That should be obvious by now,” De Mesa replied.

Mr. Aquino recognized Corona’s appointment as Chief Justice when the Supreme Court upheld it despite contentions that it was made within the election ban on appointments, according to his spokesperson Edwin Lacierda.

“When the decision was promulgated by the Supreme Court, there was a motion for reconsideration. And in spite of that motion for reconsideration, the original decision was upheld,” Lacierda said. “As such, by operation of law and respecting the three branches of government, it has become settled law.”

Oath of office

Lacierda said Mr. Aquino’s decision to ask Associate Justice Conchita Carpio-Morales to administer his oath of office was based on a personal belief that Arroyo should not have appointed Corona to replace Chief Justice Reynato Puno.

“We do not take this as an offense on the person of the Chief Justice but more on the principle that he believes that … Arroyo made an appointment that is not valid,” Lacierda said.

He said that as “settled law,” the high court’s decision should be followed by all branches of the government.

Lacierda also called attention to the “Red Mass” celebrated early last month at Manila Cathedral, when the President “already acknowledged the presence … of Chief Justice Corona.”

“And also in the State of the Nation Address [on July 26, the President] gave opening salutations to the Chief Justice. So I think there is no issue anymore on the [position] of Chief Justice Corona,” Lacierda said.

(Source: newsinfo.inquirer.net)