Nothing in the 1987 Constitution requires him to take his oath before the Chief Justice, said Aquino, who is leading by five million votes over his closest rival in the first nationwide automated polls last May 10. He is expected to be proclaimed the country’s 15th president when Congress convenes this month.

Aquino had opposed the Supreme Court’s decision to allow President Gloria Macapagal-Arroyo to appoint the successor of Chief Justice Reynato Puno, who is retiring on May 17. Arroyo named Justice Renato Corona, her former chief of staff and spokesman, to succeed Puno last Wednesday.

“In all probability, I am waiting for my lawyers’ opinion, but it will probably be before the barangay captain of Tarlac,” said Aquino, a resident of Barangay Central in Tarlac City’s San Miguel district.

The move would “illustrate his rejection on the appointment of Associate Justice Renato Corona as the next Chief Justice,” Senate Minority Leader Aquilino Pimentel Jr. said in a separate press conference Friday in a Manila restaurant.

Swearing in before the “lowliest barangay official” would “demonstrate his concern for the welfare of the lowest sector of our society,” Pimentel said. He added that taking an oath before the Chief Justice is a tradition and not a requirement of the law.

In the 1987 Constitution, Article VI Section 5 requires the President, the Vice-President, or the Acting President to take an oath or affirmation that they will “faithfully and conscientiously fulfill my duties as President [or Vice-President or Acting President] of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the nation.”

Earlier, Aquino had said he does not want to take his oath of office before Corona.

“At the very least I think his appointment will be questioned at some future time. Those who chose to side with the opinion that the president cannot appoint also excused themselves from nomination. At the end of the day I do not want to start out with any questions upon assumption of office,” Aquino said.

On the other hand, he said he views Corona’s appointment not so much as an act of war against him by the Arroyo government but as Mrs. Arroyo’s insurance plan.

“More than anything, given the fact she probably assumes she’ll be facing a whole ton of cases a whole lot of them, she is looking for a sympathetic or friendly faces from those who will (try) her case. I think for personal interests again rather than national interest,” he said.

Pimentel said Aquino could revoke the appointment by a mere executive order, citing the opinion of former Supreme Court Justice Vicente Mendoza.

However, doing so may create a constitutional crisis, Pimentel said.

“There will be problems. (There might be a) Constitutional crisis, in a sense, because the third department of the government will be clashing with the first department which is the executive,” the senator said.

The senator said the problem could be solved in two ways — either President Arroyo could withdraw Corona’s appointment or that Corona could “do an act of a statesman” by rejecting his appointment.

Pimentel blamed Arroyo for these problems. “I think it is a grievous error on her part,” he said.

The appointment of Corona might look like a prudent preparation for an impending vacancy but the law requires a vacancy first before an appointment can be made, he said.