MANILA, Philippines—Pressure is mounting on the Judicial and Bar Council (JBC) to approve or reject the proposal to nominate—and for President Arroyo to appoint—a new Chief Justice, months ahead of the retirement of Chief Justice Reynato Puno.

The proposal has stirred debate in the legal community, with groups taking different positions. The constitutional issue has also elicited the interest of some religious members.

Following the lead of the Philippine Bar Association, the Cebu chapter of the Integrated Bar of the Philippines objected to the suggestion of JBC member and Quezon Rep. Matias Defensor that the body starts the screening process to give Arroyo the opportunity to name Puno’s replacement.

The IBP Cebu chapter, in a resolution, said the move “is not only constitutionally impermissible but morally and historically devious because the President as an outgoing Chief Executive must not appoint a person to a position which has not become legally vacant.”

On the other hand, the Philippine Constitution Association (Philconsa) thinks otherwise. In a resolution Thursday, Philconsa backed Defensor’s proposal, citing that national interest is at stake.

An influential Catholic prelate, for his part, has called some JBC members to express his view, abs-cbnnews.com/Newsbreak has gathered.

Tuguegarao Archbishop Diosdado Talamayan, who is known in Church circles as an Arroyo ally and one who likes to endorse friends to government positions, reportedly called on some JBC members to fast track the nomination of Puno’s replacement and allow the President to make the appointment.

We sent a letter to Talamayan to comment on the information but when reached by phone, he refused to comment.

It is an open secret even among his colleagues in the Catholic Bishops’ Conference of the Philippines that Talamayan lobbies for certain people.

For instance, he was instrumental in the appointment of former poll commissioner Leonardo Leonida, although the Commission on Appointments refused to confirm him. Leonida admitted that Talamayan helped him bag the Comelec post. “Bishop Talamayan was among those who helped me,” he told abs-cbnnews.com/Newsbreak in July 2008.

The prelate had also reportedly lobbied for the appointment of newly named Supreme Court Justice Jose Mendoza. Church sources said Talamayan is a spiritual adviser of the President.

Cebu lawyers
In its statement, the IBP Cebu chapter said Defensor’s proposal is not only historically and morally wrong but also “constitutionally repugnant.”

It stressed that the President cannot make an appointment two months before the presidential elections and until her term ends in June 30 as stated in the Charter.

The IBP Cebu chapter said the proposal is clearly meant to “circumvent the restriction imposed by the Constitution.”

Puno retires on May 17, which is within the election ban rule expressed in the Constitution to prevent midnight appointments by the outgoing President.

Defensor wants the JBC to start the nomination process and allow Arroyo to name Puno’s successor before the ban starts.

Except for Puno, all the SC members are appointees of the President.

Earlier, the PBA opposed Defensor’s proposal, also on constitutional grounds. But Philconsa said the prohibition only applies for executive posts.

Philconsa said the appointment of the new CJ ahead of time is a safety net against a possible massive failure of elections where no President, Vice President, Senate president and House Speaker is elected to fill up the leadership vacuum.

“Should any untoward incident or accident occur, the presence of the Chief Justice will certainly help resolve and stabilize the aftermath that may happen,” the Philconsa argued.

Critics believe that the current proposal is to allow Arroyo to control the SC even when she is no longer in power.