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FORMER Cabinet and other senior government officials of the Marcos, Aquino, Ramos, Estrada and Arroyo administrations yesterday added their voices to those opposing the appointment of Renato Corona as Chief Justice of the Supreme Court.

The Former Senior Government Officials (FSGO) said Corona’s appointment is "unethical and smacked of lack of decency and utter disregard for the results of the May 10 automated elections."

"So much has been said to justify the appointment of Justice Renato Corona as lawful, but Malacañang’s apologists have completely missed the point. What is legal is not necessarily ethical," they said in a statement.

Corona, who assumed the post Monday, was also criticized by a UP law professor because of his series of media interviews after he took his oath, where he commented on cases pending before the Supreme Court.

During a conference, Corona made a slip about his position on the second motion for reconsideration filed by the Philippine Bar Association seeking a reversal of the SC’s ruling allowing Arroyo to appoint him as chief justice.

He said the motion will likely be dismissed on the ground that it was a prohibited pleading since the case has already been ruled with finality by the Court.

In a radio interview, he was asked to comment on a petition filed by election lawyer Romulo Macalintal seeking the abolition of the Presidential Electoral Tribunal, to which he said that there was no need for its abolition.

Theodore Te said discussions of pending legal cases is unbecoming, especially of a chief justice who has to retain an air of impartiality especially when the entire court has yet to issue a decision on the matter.

"The nature of the court, particularly the Supreme Court, is that it should speak through its decisions and not through its spokesman or even its Chief Justice. When the Chief Justice talks about his opinion outside of the proceedings in the Court, there is the danger of his saying something undue, perhaps in answer to a question that may not be contextualized," said Te.

He further said that SC administrator and spokesman Jose Midas Marquez should have restrained Corona from granting media interviews, "particularly those that were not controlled or controllable."

"He should be above these controversies and the appointing power should have prevented the CJ from being put into this controversy. Even the most glib and accessible Chief Justice Artemio Panganiban never went the route Corona took -- morning talk shows and radio interviews. That is why there is a Midas Marquez, so that the CJ and other members of the Court are not heard from individually but only collectively," he said.

Asked if he thought there was a breach of the Code of Judicial Conduct and ethics on the part of Corona, Te said cited Rule 2.02 of Canon 2, which states that a judge should not seek publicity for personal vainglory.

He further cited Rule 3.07, Canon 3, which states that a judge should abstain from making public comments on any pending or impending case and should require similar restraint on the part of court personnel.

"The possibility of influence is enough; the potential to shape a future decision simply by a careless remark, example, the PET answer, is enough damage. As I said, the violation is not a direct violation; the Court is the one entity clothed with power to discipline judges and lawyers, so sila sila din yun," he said.

The FSGO said Corona’s appointment would result only in more "divisiveness in a nation that is already wracked by conflict and dissent and needs to build unity."

They said it would also add to the erosion of the High Court’s standing, especially with the suspicion that Corona’s appointment is meant to shield President Arroyo from charges expected to be filed against her for the anomalies in her nine-year term.

The former government officials said the controversy surrounding Corona’s appointment is very unfortunate considering he is qualified for the job.

"Mrs. Arroyo’s action has also exposed Justice Corona to unnecessary and unfair media exposure, because he has the credentials for the job and would have been a strong candidate anyway for the post of Chief Justice, as the Judicial and Bar Council has attested," they said.

The statement was signed by Vicente Paterno, former trade minister; Vitaliano Nanagas, former chair of the Development Bank of the Philippines; Narzalina Lim, former tourism secretary; and Isagani Cruz, former education undersecretary.

The issue is not actually over Corona but Arroyo’s move to name the successor of Reynato Puno amid the constitutional prohibition on appointments during an election period.

The Supreme Court, on March 17, ruled that the Supreme Court justices are not covered by the prohibition. It upheld its decision on April 20.

Incoming president Benigno Aquino III is seeking a revocation of Corona’s appointment based on the constitutional prohibition.

Chief Presidential Legal Counsel Raoul Victorino said it is time to put an end to questions on the legality of Corona’s appointment as he has already taken his oath of office and assumed the post.

Victorino said Corona is already recognized as the 33rd Chief Justice of the Supreme Court. "I think let us write finis to the incident."

He rejected proposals for Aquino to simply issue an executive order to nullify Corona’s appointment.

"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’s part of the law of the land…And as long as the Supreme Court decision remains to be final and executory, no other law, no man in this land can disregard that. Otherwise it will be a violation of the law itself," he said. – With Jocelyn Montemayor

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