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    De Castro v. Judicial and Bar Council

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    Ann
    This document discusses a case regarding whether the incumbent president can appoint the successor of Chief Justice Puno upon his retirement. The key facts are that Chief Justice Puno is set to retire just days after the upcoming presidential election, and a controversy has arisen about who can appoint his successor. The ruling was that the incumbent president can appoint the successor, as the constitutional prohibition on appointments made in the two months before elections does not apply to Supreme Court appointments. The framers of the constitution did not explicitly state the prohibition applies to the Supreme Court, so the president has a duty to fill the vacancy within 90 days as required.

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    De Castro v. Judicial and Bar Council

    Uploaded by

    Ann
    311 views1 page
    This document discusses a case regarding whether the incumbent president can appoint the successor of Chief Justice Puno upon his retirement. The key facts are that Chief Justice Puno is set to retire just days after the upcoming presidential election, and a controversy has arisen about who can appoint his successor. The ruling was that the incumbent president can appoint the successor, as the constitutional prohibition on appointments made in the two months before elections does not apply to Supreme Court appointments. The framers of the constitution did not explicitly state the prohibition applies to the Supreme Court, so the president has a duty to fill the vacancy within 90 days as required.

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    Consti Cases

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    de Castro v. Judicial and Bar Council

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    This document discusses a case regarding whether the incumbent president can appoint the successor of Chief Justice Puno upon his retirement. The key facts are that Chief Justice Puno is set to retire just days after the upcoming presidential election, and a controversy has arisen about who can appoint his successor. The ruling was that the incumbent president can appoint the successor, as the constitutional prohibition on appointments made in the two months before elections does not apply to Supreme Court appointments. The framers of the constitution did not explicitly state the prohibition applies to the Supreme Court, so the president has a duty to fill the vacancy within 90 days as required.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    311 views1 page

    De Castro v. Judicial and Bar Council

    Uploaded by

    Ann
    This document discusses a case regarding whether the incumbent president can appoint the successor of Chief Justice Puno upon his retirement. The key facts are that Chief Justice Puno is set to retire just days after the upcoming presidential election, and a controversy has arisen about who can appoint his successor. The ruling was that the incumbent president can appoint the successor, as the constitutional prohibition on appointments made in the two months before elections does not apply to Supreme Court appointments. The framers of the constitution did not explicitly state the prohibition applies to the Supreme Court, so the president has a duty to fill the vacancy within 90 days as required.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    BADGE (Keywords, Nature of the Case)

    CAPTION
    Title:
    G.R. No. 191002. March 17, 2010
    Parties:
    DE CASTRO v. JUDICIAL AND BAR COUNCIL
    Citation:

    Ponente: (Speaker)
    BERSAMIN, J.:
    SYLLABUS (Principles of Law / Legal Principles)

    FACTS
    The compulsory retirement of Chief Justice Reynato S. Puno by May 17, 2010 occurs just days after the coming
    presidential elections on May 10, 2010.

    These cases trace their genesis to the controversy that has arisen from the forthcoming compulsory retirement of
    Chief Justice Puno on May 17, 2010, or seven days after the presidential election. Under Section 4(1), in relation
    to Section 9, Article VIII, that “vacancy shall be filled within ninety days from the occurrence thereof” from a “list of
    at least three nominees prepared by the Judicial and Bar Council for every vacancy.” Also considering that
    Section 15, Article VII (Executive Department) of the Constitution prohibits the President or Acting President from
    making appointments within two months immediately before the next presidential elections and up to the end of
    his term, except temporary appointments to executive positions when continued vacancies therein will prejudice
    public service or endanger public safety.

    The JBC, in its en banc meeting of January 18, 2010, unanimously agreed to start the process of filling up the
    position of Chief Justice.

    The OSG contends that the incumbent President may appoint the next Chief Justice, because the prohibition
    under Section 15, Article VII of the Constitution does not apply to appointments in the Supreme Court. It argues
    that any vacancy in the Supreme Court must be filled within 90 days from its occurrence, pursuant to Section 4(1),
    Article VIII of the Constitution; that had the framers intended the prohibition to apply to Supreme Court
    appointments, they could have easily expressly stated so in the Constitution, which explains why the prohibition
    found in Article VII (Executive Department) was not written in Article VIII (Judicial Department); and that the
    framers also incorporated in Article VIII ample restrictions or limitations on the President’s power to appoint
    members of the Supreme Court to ensure its independence from “political vicissitudes” and its “insulation from
    political pressures,” such as stringent qualifications for the positions, the establishment of the JBC, the specified
    period within which the President shall appoint a Supreme Court Justice.
    ISSUES/s
    Whether or not the incumbent President can appoint the successor of Chief Justice Puno upon his retirement.
    RULING (Ratio)
    Yes. He can appoint the successor of Chief Justice Puno. Under the principle of verba legis, the framers could
    have explicitly done and have easily and surely written the prohibition made explicit in Section 15, Article VII as
    being equally applicable to the appointment of Members of the Supreme Court in Article VIII itself, most likely in
    Section 4 (1), Article VIII. That such specification was not done only reveals that the prohibition against the
    President or Acting President making appointments within two months before the next presidential elections and
    up to the end of the President’s or Acting President’s term does not refer to the Members of the Supreme Court.

    The President was left with an imperative duty under the Constitution to fill up the vacancies created by such
    inexorable retirements within 90 days from their occurrence. Her official duty she must comply with. So must we
    ours who are tasked by the Constitution to settle the controversy.
    FALLO (Dispositive Portion)

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