PREMATURE: It says here that President Arroyo could (and presumably might) appoint the next Chief Justice before the May 10 national elections.

The source of this startling revelation was deputy presidential spokesman Gary Olivar, who was quoted as saying:

“We expect her (the President) to act quickly because we understand the need to have a new Chief Justice before the elections start… We can be assured that the President will move on this and will make her choice from that list as soon as she can.”

As a non-lawyer, I am wont to ask: How can the President rush to fill the top SC post when there will be no vacancy until May 17, the date Chief Justice Reynato Puno retires?

If she acts as prematurely as reported, she would create the odd situation where the High Court would have two Chief Justices, one packing his things and another one waiting to move in after a week.

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TRIAL BALLOON?: Because of its lack of details, Olivar’s statement prompts me to speculate:

1. Malacanang lawyers believe that the appointment of a Chief Justice even before Puno retires can be validly done within the law.

2. Having been convinced of the legality of a pre-May 17 appointment of Puno’s successor, the President will just do it.

3. Malacanang may have intelligence that an election-related event could erupt after the voting ends on May 10 that may prevent her from appointing Puno’s replacement on or after May 17.

There is also the possibility that the President has instructed Olivar to float the idea to test public reaction.

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SEEMING HASTE: The Palace had said often enough that it is imperative that there be a full Court, with a regular Chief Justice, because of the possibility of the upcoming elections ending in a dispute over who actually won as president.

Under the Constitution, such a high-level question will have to be heard and resolved by the Presidential Electoral Tribunal, which is bodily the entire Supreme Court with the Chief Justice presiding.

Leaving the appointment of the new Chief Justice to the new president could give rise to more legal and political complications. The status of the new president is precisely the bone of contention in the dispute to be heard by the PET presided over by the new Chief Justice.

In such a delicate situation, the Chief Justice may just inhibit himself to get out of a situation not of his own making.

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PALACE VIEW: Resolving the electoral dispute would be complicated by the absence of a regularly appointed Chief Justice presiding over the PET.

This hypothetical problem will be less contentious if the present President (GMA) — who is not running again for president and will not be a party to any case before the PET — appoints the incoming Chief Justice.

This may partly explain why Malacanang insists on its view – upheld with finality by the SC — that the sitting President may validly appoint Puno’s successor.

The only requirements are that (1) the President draws her appointee from the list submitted by the Judicial and Bar Council, a constitutional body, and (2) she acts within 90 days of the occurrence of the vacancy.

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SHORT LIST: The JBC is set to submit its list tomorrow after the SC is expected to dispose of a last-ditch bid of the Philippine Bar Association to convince the SC to stop the President from appointing Puno’s replacement.

On the short list of the collegial body are SC Associate Justices Renato Corona, Teresita Leonardo De Castro and Arturo Brion, and Sandiganbayan Presiding Justice Edilberto Sandoval.

Two other nominees, Associate Justices Antonio Carpio and Conchita Carpio-Morales, sort of disqualified themselves, stating that they would accept an appointment only if made by the incoming president.

The members of the JBC, headed by Chief Justice Puno, are Justice Secretary Alberto Agra, Sen. Francis Escudero, Quezon City Rep. Matias Defensor Jr., retired SC justice Regino Hermosisima Jr., University of Sto. Tomas Dean Emeritus Amado Dimayuga, Justice Aurora Santiago Lagman and Integrated Bar of the Philippines representative J. Conrado Castro.

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LUCY CAN’T: Television host Lucy Torres wants to replace her husband, actor Richard Gomez, in the congressional race in the fourth district of Ormoc, Leyte, after the Commission on Elections disqualified him for not being a legal resident there.

“We have decided to substitute Lucy to replace me as candidate,” Gomez said. “We’ll not wait for an en banc decision. In that way, we will not have to go to the Supreme Court to fight another battle and spend more money, time and effort.”

But how can Lucy take the place of her husband when he was never, from the very beginning, a validly certified candidate.

In short, there is no candidate for her to replace. And it is too late to file her own certificate of candidacy as the deadline is long over. Elections are just a week from now.

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BUM ADVICE: As in his previous failure when he ran as a party-list representative, Gomez may have received bad legal advice. His lawyers should have made sure his legal residence was changed from San Juan City to Ormoc.

Lucy is a native of Ormoc and could have run herself, not as substitute for her disqualified husband.

A registered voter of Ormoc said in his petition with the Comelec to disqualify Gomez that the actor made a “blatant misrepresentation” in his CoC when he stated that he is a resident of 910 Carlota Hills, Ormoc City.

Assisted by lawyers, Gomez said in his CoC that he was born in Manila on April 7, 1966, and is a bona fide resident of East Greenhills, San Juan City, and has not resided in Ormoc.