In order to prevent Malacañang from making a midnight appointment for the post of Chief Justice to the Supreme Court, all the JBC has to do is refuse to submit a shortlist to Malacañang. By doing this, Malacañang will have no basis to issue an appointment, as a shortlist prepared by the JBC is a constitutional requirement for a valid appointment to the Judiciary.
The JBC should refuse to be made a tool for the violation of the constitutional ban on midnight appointments spelled out in Section 15 Article 7 of the Constitution. We urge the JBC to maintain its independence as a constitutional office. Let the next President make the appointment.