The Philippine Bar Association (PBA) has asked the Supreme Court (SC) to stop President Gloria Macapagal-Arroyo from naming the successor of Chief Justice Reynato S. Puno upon his retirement on May 17.

In a 48-page petition, the PBA likewise asked the SC to issue a writ of prohibition enjoining the Judicial and Bar Council (JBC) from submitting the shortlist of nominees for the next SC chief to Mrs. Arroyo in view of the constitutional ban on midnight appointments, which started last March 10.

The lawyers’ group said Mrs. Arroyo and the JBC must be prevented from “committing acts in violation of the law and the Constitution.”

In particular, the PBA cited Section 15, Article VII of the 1987 Constitution which bars the President from making midnight appointments two months immediately preceding the May 10 elections and until her term expires on June 30. This period covers Puno’s retirement date.

The JBC has already started the nomination process for the position to be vacated by Puno, but decided to defer to the SC on whether or not it could still submit its shortlist of nominees to the outgoing President.

The eight-member constitutional body recently concluded soliciting public comments on the candidates for the chief justice post. The next stage of the process will be the public interview of the candidates.

According to the PBA, the “JBC acts in contravention of the letter and spirit of the constitutional provision against midnight appointments” in continuing the nomination process with the view of submitting the shortlist to Mrs. Arroyo.

Such act of the JBC, it added, “amounts to lack or excess of its jurisdiction, or grave abuse of discretion, considering that there is yet no vacancy for the position of Chief Justice of the Honorable Court.”

It also pointed out that the appointment of the new chief justice within the election appointments ban “constitutes an election offense punishable under the Omnibus Election Code — nomination being part of the appointment process.”

The PBA petition is the exact opposite of the one filed by lawyer Arturo De Castro, who sought the issuance of a writ of mandamus that would compel the JBC to submit a list of nominees for chief justice to be appointed by Mrs. Arroyo.