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President Gloria Macapagal Arroyo was ending her term – she served a total of nine years – and her allies were moving heaven and earth to enable her to appoint Puno’s replacement. Critics said she wanted to appoint a chief justice that she trusted because of the potential lawsuits that could hound her, stemming from allegations of corruption.
The issue spilled over to the campaign. Presidential candidates Benigno Aquino III, Manuel Villar, and Gilberto Teodoro Jr. all opposed the “midnight appointment.” Escudero sat in the JBC, representing the Senate since he was chair of the justice committee. At the time, he belonged to the opposition.