EO cannot overturn SC decision — Victorino

May 19, 2010 8:05 pm 

MANILA, May 19 — Malacanang said on Wednesday an executive order (EO) cannot overturn the appointment of Supreme Court Chief Justice Renato Corona.

Chief Presidential Legal Counsel Raoul Victorino clarified in a media briefing with Executive Secretary Leandro Mendoza that a mere EO issued by a sitting president cannot overturn the appointment of a chief justice.

Victorino was reacting on reports that the incoming administration of president-apparent Benigno Aquino III is eyeing for an executive order to revoke the appointment of the new chief justice.

Corona was appointed by President Gloria Macapagal-Arroyo as the new head of the High Tribunal after Chief Justice Reynato Puno retired on May 17.

”A Supreme Court decision cannot be overturned, cannot be reversed by an executive order. The decision of the Supreme Court is a law itself, it is part of the law of the land. We consider also the independence of the Supreme Court as the third branch of government. The three branches of government are independent of each other,” Victorino also emphasized during the media briefing.

”And as long as the SC decision remains to be final and executory, no other law in this land can disregard that; otherwise it will be a violation of the law itself. So any executive order issued by a sitting president, whoever he or she is, cannot overturn and cannot overcome the finality of the SC decision. It is supreme and unless the SC reverses itself, it will remain to be supreme, to be final and to be executory,” the Chief Presidential Legal Counsel stressed.

The presidential front-runner Senator Aquino was not amenable to President Arroyo's appointment of Corona as successor of Puno in the High Tribunal.

Aquino wanted that the next administration should be the one to appoint the next chief justice.

However, Secretary Victorino stressed that the Supreme Court itself made the decision that President Arroyo can name the successor of Puno.

Aquino earlier said that he would not take his oath as the new president on June 30 before Corona. (PNA) scs/rudyma


Comments are closed.