BY WENDELL VIGILIA

REP. Roilo Golez (Ind., Parañaque) will file a resolution that would seek to remove from the President the power to appoint members of the judiciary to insulate them, he said, from "presidential and political interference."

Golez, spokesman for the minority bloc, proposed that the power to appoint be transferred to the Supreme Court en banc.

"This will make the SC and the rest of the Judiciary self-perpetuating and truly independent… The process, being en banc, will be collegial and balanced, not dictated by a single person," he said.

The Constitution states: "The Members of the Supreme Court and judges of the lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation."

Golez broached the idea in the wake of the Supreme Court’s 9-6 decision on Tuesday to uphold former Planning Secretary Romulo Neri in invoking executive privilege in refusing to divulge to a Senate probe body details of his conversations with the President on the $329-million NBN-ZTE deal.

Penned by Associate Justice Teresita Leonardo-de Castro, the SC ruling gave weight to the argument of Neri’s lawyer, Antonio Bautista, that the conversations "dealt with delicate and sensitive national security and diplomatic matters relating to the impact of the bribery scandal involving high government officials and the possible loss of confidence of foreign investors and lenders in the country."

Associate Justices Leonardo Quisumbing, Renato Corona, Dante Tinga, Minita Chico-Nazario, Presbitero Velasco, Antonio Eduardo Nachura, Ruben Reyes and Arturo Brion signed the majority decision. All but Quisumbing were appointed by President Arroyo.

Chief Justice Reynato Puno, Associate Justices Consuelo Ynares-Santiago, Ma. Alicia Austria-Martinez, Conchita Carpio-Morales, Adolfo Azcuna, and Antonio Carpio dissented.

Martinez, Morales, Azcuna and Carpio were appointees of President Arroyo.

Golez also wants to disqualify those who have held presidential appointments, cabinet or sub-cabinet, or any elective positions from mayor and above, from being appointed as members of the high court and lower court.

"This will prevent any speculation that there is bias or prejudgment on the part of the members of the judiciary, such as is happening now with respect to the members of the SC who served the President in any senior capacity or who held partisan political positions," he said.

Golez also sought to change the composition of the Judicial and Bar Council to exclude the Secretary of Justice and a representative of Congress as ex officio members and transferring the power to appoint JBC regular members from the President to the Supreme Court.

"These reforms will make the Judiciary truly independent and impervious to speculation that their decisions are subject to political interference and pressure," he said.

Golez said the tribunal must also issue "a Code of Conduct prescribing a modicum of social aloofness on the part of the members of the judiciary to prevent too much fraternizing with members of society, each of who is a potential respondent, appellant or officer appearing in courts."

Malacañang said the Senate inquiry on the ZTE deal should be suspended while the Supreme Court resolves the motion for reconsideration on the issue of executive privilege.

Chief presidential legal counsel Sergio Apostol even said the probe should altogether be scrapped as Neri would have nothing more to say.

Apostol also branded Golez’ planned resolution as a "political gimmick."

He said Malacañang will not support the proposal because executive privilege is part of the President’s powers. – With Regina Bengco