Chavez v.

JBC

Facts: Instead of having only seven members, an eighth member was added to the JBC as two
representatives from Congress began sitting in the JBC – one from the House of Representatives
and one from the Senate. Senator Francis Joseph G. Escudero and Congressman Niel C. Tupas, Jr.
(respondents) simultaneously sit in the JBC as representatives of the legislature. It is this practice
that petitioner has questioned in this petition. Respondent contends that the phrase “a
representative of congress” refers that both houses of congress should have one representative
each, and that these two houses are permanent and mandatory components of “congress” as part
of the bicameral system of legislature.

Issue: Whether the JBC’s practice of having members from the Senate and the House of
Representatives making 8 instead of 7 sitting members to be unconstitutional.

Ruling: Yes. The court held that the phrase “a representative of congress” should be construed as
to having only one representative that would come from either house, not both. Art VIII Sec 8 of the
constitution provides for only one representative from congress.

De Castro v. JBC

Facts: A decision was released that 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 Puno 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.

Issue: Whether the President can appoint the successor of the Chief Justice.

Ruling: Yes. Had the framers intended to extend the prohibition contained in Section 15, Article VII
to the appointment of Members of the Supreme Court, they could have explicitly done so. 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.