Professional Documents
Culture Documents
SUMMARY:
Said
appointees
for
vacancies
of
RTC
Branch
62
and
24
of
Cabanatuan
City,
Valenzuela
and
Vallarta
respectively,
were
appointed
on
March
30,
1998.
Their
appointment
was
transmitted
to
the
Office
of
the
Chief
Justice
on
May
12,
1998.
The
Court
ruled
said
appointments
were
made
during
the
ban
contemplated
by
Art.
VII,
Sec.
15,
regardless
of
the
obligations
of
the
President
provided
under
Art.
VIII,
Sec.
4
(1)
and
Art.
VIII
Sec.
9.
ISSUES:
1. WoN
Art.
VIII
Sec.
4
(1)
and
Sec.
9
supersede
the
ban
prescribed
under
Art.
VII
Sec.
15.
2. WoN
the
ban
contemplates
only
Executive
appointments,
and
not
appointments
to
the
Judiciary.
3. WoN
the
appointments
of
Valenzuela
and
Vallarta
are
valid.
FACTS:
1. The
President
had,
prior
to
these
two
appointments,
made
appointments
to
fill
the
vacancies
of
8
Associate
Justices,
on
March
11,
1998,
and
transmitted
to
the
Chief
Justice
through
the
Executive
Secretary
on
April
6,
1998.
The
Chief
Justice
took
this
to
be
the
President
deviating
from
the
previous
position
that
said
ban
does
not
apply
to
the
Judiciary.
2. March
11,
1998
was
the
day
prior
to
the
start
of
the
election
ban
contemplated
under
Art.
VII,
Sec.
15.
3. JBC
sought
clarification
on
this
matter
and
met
as
a
whole.
On
May
5,
Secretary
of
Justice
Silvestre
Bello
requested
the
Chief
Justice
for
4.
5.
6.
7.
8.
9.
Related
Provisions:
Article
VII,
Section
15;
Two
months
immediately
before
the
next
presidential
elections
and
up
to
the
end
of
his
term,
a
President
or
Acting
President
shall
not
make
appointments,
except
temporary
appointments
to
executive
positions
when
continued
vacancies
therein
will
prejudice
public
service
or
endanger
public
safety.
Note:
1. No
mention
of
distinction
of
who
or
who
are
not
covered
by
the
general
ban.
2. Exception
only
where
xxx
temporary
appointments
to
executive
positions
when
continued
vacancies
therein
will
prejudice
public
service
or
endanger
public
safety.
Article
VIII,
Section
4
(1);
The
Supreme
Court
shall
be
composed
of
a
Chief
Justice
and
fourteen
Associate
Justices.
It
may
sit
en
banc
or,
in
its
discretion,
in
divisions
of
three,
five,
or
seven
Members.
Any
vacancy
shall
be
filled
within
ninety
days
from
the
occurrence
thereof.
Article
VIII,
Section
9;
The
Members
of
the
Supreme
Court
and
judges
in
lower
courts
shall
be
appointed
by
the
President
from
a
list
of
at
least
three
nominees
prepared
by
the
Judicial
and
Bar
Council
for
every
vacancy.
Such
appointments
need
no
confirmation.
For
the
lower
courts,
the
President
shall
issue
the
appointments
within
ninety
days
from
the
submission
of
the
list.
Presidential
Term:
a. 6
years
b. From
June
30,
noon
20XX
to
June
30,
noon
6
years
later
Elections
for
the
Presidency
are
held
on
the
second
Monday
of
May
on
the
same
year
of
the
end
of
the
Presidents
term.
Hence;
In
this
case:
March
12,
1998
as
the
identified
start
of
the
ban
Ban
ends
June
30,
1998
Period
is
some
90
days
or
three
months
coverage
Appointments
of
Valenzuela
and
Vallarta
were
made
WHEN
the
same
were
signed
on
March
30,
1998.
The
transmission
of
the
appointments
were
made
on
M ay
12,
1998.
Both
fell
w ithin
the
ban.
It
w ould
seem
then
that
the
reckoning
point
of
when
appointment
is
m ade
is
WHEN
IT
IS
SIGNED.
It
w ould
not
seem
to
preclude
that
the
transmission
be
made
within
the
election
ban
period.
The
Constitution
explicitly
bans
MAKING
(SIGNING)
APPOINTMENTS.