The sources said the appointment of retired Court of Appeals Justice Nicolas Lapeña Jr., who is dean of the New Era College in Diliman, Quezon City, is Mr. Estrada’s way of returning the INC’s unwavering support for his administration during the present political crisis.
The sources said the President could not say "no" to INC leader Eraño "Ka Erdie" Manalo that he had to "bump off" Lapeña’s strongest contender, Chief Presidential Legal Counsel Magdangal Elma, who is being backed by Executive Secretary Ronaldo Zamora and his banker-brother Manny.
Lapeña will be the third Iglesia ni Cristo member to head the justice department after Tuquero and his predecessor retired Supreme Court Justice Serafin Cuevas.
Tuquero, who will end his almost 10-month stint at the justice department, is expected to be nominated to the Supreme Court this week by the Judicial and Bar Council to fill the vacancy left by Justice Fidel Purisima, who had retired last October.
In all probability, Tuquero will sit in the Supreme Court by the middle of this month. In the meantime, Justice Undersecretary Regis Puno will be acting justice secretary.
Tribunal insiders told The STAR yesterday Tuquero will be appointed to the Supreme Court as a "trade-off" so the President would have an "additional vote" in the 15-man Tribunal in case any question on his impeachment trial is elevated to the Supreme Court.
"He (Mr. Estrada) needs an additional vote just in case a question is raised to the Tribunal regarding rules on impeachment," insiders said. "You must remember that this is all first, this is the first time we have impeached a President."
Insiders said Mr. Estrada needs to "have" a majority of justices in the Supreme Court, and that the Chief Executive had already appointed five magistrates, excluding Chief Justice Hilario Davide Jr.
Mr. Estrada’s five appointees in the Tribunal are Justices Bernardo Pardo, Arturo Buena, Minerva Gonzaga-Reyes, Consuelo Ynares-Santiago and Sabino de Leon.
The President named Davide chief justice upon the retirement of Chief Justice Andres Narvasa, who is now his lead counsel in the impeachment case in the Senate.
Sources said four other magistrates are closely identified with former Solicitor General Estelito Mendoza, who is one of Mr. Estrada’s lawyers, and may vote in favor of the Chief Executive, and so reach a majority vote of nine in the 15-member Tribunal.
Justices Vicente Mendoza, Reynato Puno, Jose Melo and Santiago Kapunan, who were not Estrada-appointed, were "recommended" to the Office of the Solicitor General by Mendoza when he headed that office, sources added.