BY EVANGELINE DE VERA

MALACAÑANG yesterday appointed Labor Secretary Arturo Brion as associate justice of the Supreme Court vice Angelina Sandoval-Gutierrez who retired two weeks ago.

Named acting labor chief was Marianito Roque, head of the Overseas Workers Welfare Administration.

Brion, a justice of the Court of Appeals before he was given the labor portfolio in July 2006, is the 12th Arroyo appointee in the Supreme Court.

His appointment to the Supreme Court came on the heels of the tribunal's deliberations on a petition filed by Romulo Neri, acting chairman of the Commission on Higher Education. Neri has invoked executive privilege in refusing to further appear before the Senate inquiry into the alleged overpriced national broadband network project which Arroyo cancelled last year amid allegations of payoffs and other anomalies. He was chief of the National Economic Development Authority when the NBN project was being processed.

Brion took his oath yesterday before Chief Justice Reynato Puno. He said he had no inkling of his appointment.

Brion topped the list of five nominees of the Judicial and Bar Council submitted March 10 to President Arroyo. The other contenders were Court of Appeals justices Martin Villarama and Portia Alino-Hermachuelos, and Sandiganbayan Justices Francisco Villaruz and Edilberto Sandoval.

Brion said he learned of his appointment only yesterday morning after he was told to "expect something" during the Lenten retreat of Cabinet officials at the San Miguel Cathedral near Malacañang.

"It was fast. I was told to come over to the SC. I have not even spoken to the President about this position... The President came in and when she passed by me, she said: 'Art, congratulations, you have a new job. And so I took the oath," Brion told reporters after his oath-taking.

Brion said he plans to participate in the deliberations on the Neri case, adding he might as well start early in dealing with "hot issues."

"I am now a full member of the Court so I will participate in all the activities of the court," he said.

"What's so special about the Neri case? I would guess that I would be in the SC for the next nine years and there will be a lot of hot issues that the Court will deliberate upon. So why not start early?" he added.

Brion shrugged off doubts on his impartiality given his perceived closeness to Malacañang.

"If you will look at the oath I took, that is what I will stand for," Brion said.

Puno said it is up to Brion to decide on whether to participate in the deliberations in the Neri case.

Press Secretary Ignacio Bunye dismissed talks Brion would tilt the balance in government's favor in Neri's case, saying Arroyo appointees in the tribunal have "always acted with impartiality and in accordance with law."

"I believe this will be followed by Secretary Brion and all other subsequent appointees of the President," he said.

Bunye also said Roque would eventually be named labor chief as Malacañang will submit his appointment papers to the Commission on Appointments when Congress resumes session.

Roque has been with the OWWA since September 2004.

Brion served as undersecretary for labor relations from March 2001 to July 2002, and undersecretary for special projects at the Department of Foreign Affairs from August 2002 to June 2003.

He also served as labor deputy minister from 1985 to 1986, and as consultant at the Civil Service Commission in 1996.

Prior to his public service, he was a senior partner engaged mostly in labor law practice at the Siguion Reyna, Montecillo and Ongsiako Law offices. He was a founder of the Natividad, Delos Reyes, Maambong and Brion Law.

He graduated cum laude and class valedictorian from the Ateneo de Manila University,