In Re Appointments of Hon. Mateo Valenzuela and Hon. Placido Vallarta A.M. No.

98-5-01-SC,
November 9, 1998

FACTS:

Referred to the Court en banc are the appointments signed by the President dated March 30, 1998 of
Hon. Mateo Valenzuela and Hon. Placido Vallarta as judges of the RTC of Bago City and Cabanatuan City,
respectively. These appointments appear prima facie, at least, to be expressly prohibited by Sec. 15, Art.
VII of the Constitution. The said constitutional provision prohibits the President from making any
appointments 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.

ISSUE:

Whether or not, during the period of the ban on appointments imposed by Sec. 15, Art. VII of the
Constitution, the President is nonetheless required to fill vacancies in the judiciary, in view of Secs. 4 (1)
and 9 of Art. VIII

RULING:

During the period stated in Sec. 15, Art. VII of the Constitution “two months immediately before the next
presidential elections and up to the end of his term” the President is neither required to make appointments
to the courts nor allowed to do so; and that Secs. 4(1) and 9 of Art. VIII simply mean that the President is
required to fill vacancies in the courts within the time frames provided therein unless prohibited by Sec. 15
of Art. VII. This prohibition on appointments comes into effect once every 6 years.

The appointments of Valenzuela and Vallarta were unquestionably made during the period of the ban. They
come within the operation of the prohibition relating to appointments. While the filling 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