presidential election

s 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. Since the exception applies only to executive positions, the prohibition
covers appointments to the judiciary.1
During this period [2 months immediately before the next presidential elections], the President is neither
required to make appointments to the courts nor allowed to do so.
Section 4(1) and 9 of Article VIII simply mean that the President is required by law to fill up vacancies in
the courts within the same time frames provided therein unless prohibited by Section 15 of Article VII.
While the filing up of vacancies in the judiciary is undoubtedly in the public interest, there is no showing in
this case of any compelling reason to justify the making of the appointments during the period of the ban.
(In Re Appointment of Mateo Valenzuela, 1998)

1 In re: Appointment of Valenzuela, AM 98-0501 SC, November 9, 1998.