The National Union of Peoples’ Lawyers (NUPL) said Friday that the running debate on the legality and propriety of appointing the next chief justice of the Supreme Court by President Gloria Macapagal Arroyo goes beyond the legal realm.

In a statement, the NUPL said that the real issue on the retirement of the chief justice is not the vacancy that will be created but the insistence of some members of the Judicial and Bar Council (JBL) led Rep. Matias Defensor Jr. and Department of Justice (DoJ) Secretary Agnes Devanedera to rush the appointment of a new chief justice.

“The real issue is not about the vacancy in the Chief Justice post that shall be created by the retirement of Chief Justice Puno because it poses no problem in the Court’s performance of its constitutional duties. The real issue is the rush of JBC members – Secretary Devanadera and Representative Defensor – for the JBC to immediately convene and deliberate on the list of nominees for the Chief Justice post in order for President Arroyo to make the appointment before her term of office ends,” the NUPL said.

“Corollary to this is the apparent acquiescence of Malacañang to this move as it has never repudiated such plan to date or issue any statement that the President won’t appoint the next Chief Justice. All these things are clearly suspect and full of political underpinnings. Why does President Arroyo appear to be so hot in appointing the next Chief Justice?” it added.

The NUPL, at the same time, said that there is “an abundance of legal bases that would easily have stopped President Arroyo’s people from even stoking the issue to advance their principal’s interests in naming and choosing the next chief justice, but so far, they have failed to do so thus politicizing the JBC.”

“The Judicial and Bar Council is thus being politicized and painted into a corner by these orchestrated statements and moves that have the blessings of the Palace to prematurely submit a list of nominees,” the group said.

Earlier, Quezon City Rep. Matias Defensor urged his fellow JBC members to submit to Mrs. Arroyo a list of three nominees for the position to avoid the post being left vacant for more than a month.

Article VII Sec. 15 of the Constitution bars the President from making appointments two months before the next presidential elections and up to the end of his or her term.

Chief Justice Reynato Puno is set to retire on May 17, 2010 or well within the period of the ban, thus prohibiting the Chief Executive from appointing a replacement.

“The Court, especially the Chief Justice, must not be tainted with any suspicion of partiality or bias. And it would be unfair for the Chief Justice appointed to be placed in such a situation.

A Damocles’ sword is thus left hanging over the heads of whoever will be nominated or wish to be nominated,” the group said.