DE CASTRO V. JBC, G.R. No. 191342 April 2, 2010 (CASE DIGEST)

CONSTITUTIONAL LAW I CASE DIGEST

TOPIC: POWERS OF THE EXECUTIVE

(Enactment of the DE CASTRO v. JBC case by San Beda College of Law, Section 1-N)

ATTY. AMADOR Z. TOLENTINO JR., (IBP Governor - Southern Luzon), and ATTY. ROLAND B. INTING (IBP Governor - Eastern Visayas), petitioners, v. JUDICIAL AND BAR COUNCIL (JBC), respondent.

G. R. No. 191342, April 20, 2010.

BERSAMIN, J.:

FACTS:

This is a consolidated case which assails the constitutionality of the action of former President Gloria Macapagal Arroyo by appointing a Chief Justice 7 days after the Presidential election in 2010.

After the compulsory retirement of former Chief Justice Reynato Puno, the position of Chief Justice was left vacant. Section 4 (1), in relation to Section 9, Article VIII of the Constitution states that, "vacancy shall be filled within ninety days from occurrence thereof," from a, "List of nominees prepared by the Judicial Bar Council for every vacancy" furthermore, Section 15, Article VII was also taken into consideration which prohibits the President or the Acting President from making appointments within two (2) 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 agreed that the vacant position must be filled and there were five (5) candidates for the position from the most senior of the Associates of the court and one of them is Associate Justice Reynato C. Corona who was chosen by the President and was appointed for the position of Chief Justice. 

Office of the Solicitor General (OSG) contends that the incumbent President may appoint the next Chief Justice since the Constitution do not apply to the Supreme Court. If the framers of the Constitution intended the prohibition to apply in the Supreme Court then it should have expressly stated it in the Constitution. 

ISSUE:

WHETHER OR NOT the President can appoint the successor of the Chief Justice..

RULING:

Yes, the President can appoint the successor of Chief Justice as the prohibitions in the Constitution.

If the framers of the Constitution intends that the prohibition shall apply to the appointment of Chief Justice, then they should have expressly stated it in the Constitution under Section 15 (THE EXECUTIVE DEPARTMENT), Article VII and Section 4 (1), Article VIII (JUDICIAL DEPARTMENT). 

Section 14, Section 15 and Section 16 refers only to the appointments made in the Executive Department.


NOTE:

SEE FULL TEXT IN THIS LINK DE CASTRO v. JBC (Full text)