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Posted by Juan dela Cruz at 1:00 AM
Labels: Constitutional Law, Digested Cases, Political Law
Power of the Judiciary: De Castro vs. JBC (G.R. No.
191002, April 20, 2010)
Facts:
This is a Motion for Reconsideration on the March 17, 2010 decision of the Court. The said
decision directs the Judicial and Bar Council to resume its proceedings for the nomination of
candidates to fill the vacancy created by the compulsory retirement of Chief Justice Reynato S.
Puno by May 17, 2010, and to prepare the short list of nominees and submit it to the incumbent
President. Movants argue that the disputed constitutional provision, Art. VII, Sec. 15 and Art. VIII,
Sec. 4(1), clearly intended the ban on midnight appointments to cover the members of the
Judiciary, and they contended that the principle of stare decisis is controlling, and insisted that the
Court erred in disobeying or abandoning the Valenzuela ruling.
ISSUE (Section 4):
Did the Constitutional Commission extend to the Judiciary the ban on presidential appointments
during the period stated in Sec. 15, Article VII?
RULING:
The Constitutional Commission did not extend to the Judiciary the ban on presidential
appointments during the period stated in Sec. 15, Art. VII. The deliberations that the dissent of
Justice Carpio Morales quoted from the records of the Constitutional Commission did not concern
either Sec. 15, Art. VII or Sec. 4(1), Art. VIII, but only Sec. 13, Art. VII, a provision on nepotism.
Election ban on appointments does not extend to the Supreme Court. The Court upheld its March
17, 2010 decision ruling that the prohibition under Art. VII, Sec. 15 of the Constitution against
presidential appointments immediately before the next presidential elections and up to the end of
the term of the outgoing president does not apply to vacancies in the Supreme Court.
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