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De Castro v. JBC
Class Topic: JUDICIAL AND BAR COUNCIL
G.R. No. 191002 April 20, 2010
FULL TEXT: https://www.lawphil.net/judjuris/juri2010/apr2010/gr_191002_2010.html
STEP 1: CHECK OTHER DIGESTS/NEWS FOR SUMMARY OF
FACTS.
DECISION:
“ACCORDINGLY, the motions for reconsideration are denied
with finality.”
FACTS:
1. Petitioners and intervenors in De Castro v. JBC [Mar 17,
2010] filed the instant motions for reconsiderations. Most of
the movants contend that the principle of stare decisis is
controlling, and accordingly insist that the Court has erred in
disobeying or abandoning Valenzuela. They also aver that
the Court either ignored or refused to apply many principles
of statutory construction. Movants insist that the ban in Sec
15, Art VII applies to appointments to the Judiciary under the
principle of verba legis.145 Since the only expressed
exemption from the ban on midnight appointments in Sec 15
is the temporary appointment to an executive position, the
ban must extend to appointments in the Judiciary; we should
not distinguish where the law does not distinguish.
ISSUES:
(1) Did the Court err in abandoning Valenzuela under the
principle of stare decisis?146
(2) Is the ban in Sec 15, Art VII applicable to appointments to
the Judiciary under the principle of verba legis?
RATIO DECIDENDI:
(1) No. The Court, as the highest court of the land, may be
guided but is not controlled by precedent. Thus, the Court is
not obliged to follow blindly a particular decision that it
determines, after re-examination, to call for a rectification.
The Constitution itself recognizes the innate authority of the
Court en banc to modify or reverse a doctrine or principle of
law laid down in any decision rendered en banc or in
division.147
(2) No. Movants are self-contradictory. They disregarded the
absence from Sec 15, Art VII of the express extension of the
ban on appointments to the Judiciary, yet they insist that the
ban is applicable to the Judiciary under the principle of
verba legis. Construction cannot supply the omission [of the
express extension of the ban on appointments to the
Judiciary], for doing so would generally constitute an
encroachment upon the field of the Constitutional
Commission.148
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ONLINE SOURCED DIGEST
--------------------------------------------------------- screening of candidates for judicial positions to the unhurried
and deliberate prior process of the JBC ensured that there
G.R. No. 191002 [Mar 17, 2010] would no longer be midnight appointments to the Judiciary
and appointments to the Judiciary for the purpose of buying
Facts. The 2010 presidential election is forthcoming. C.J. Puno votes in a coming presidential election, or of satisfying
is set to retire on 17 May 2010 or 7 days after the presidential partisan considerations. The fact that Secs 14 and 16 of Art
election. January 2010, the JBC begun to take applications VI142 refer only to appointments within the Executive Dept.
for the position of C.J. Meanwhile, strong objections to Pres. renders conclusive that Sec 15 of the same also applies only
GMA’s appointing C.J. Puno’s successor arose. The instant to the Executive Dept. This is consistent with the rule that
petitions were thus filed questioning her authority to appoint every part of the statute must be interpreted with reference
to the context. If the framers intended Sec 15 to cover all
a new C.J. in the light of the ban imposed on presidential
kinds of presidential appointments, they would have easily
appointments two months immediately before the next
and surely inserted a similar prohibition. To hold that Sec 15
presidential elections up to the end of the President’s term
extends to appointments to the Judiciary undermines the
under Sec 15, Art VII of the Constitution. This view however intent of the Constitution of ensuring the independence of
seemingly conflicts with Sec 4(1), Art VIII which provides that
the Judicial Dept. for it will tie the Judiciary and the SC to the
any vacancy in the SC shall be filled within 90 days from the
fortunes or misfortunes of political leaders vying for the
occurrence of the vacancy, and Sec 9, Art VIII which
Presidency in a presidential election.
provides that the President shall issue appointments to the
Judiciary within 90 days from submission by the JBC of the list
of nominees.
(2) No. The express reference to a Chief Justice [in Sec 4(1),
It is further argued that there is no imperative need to Art VIII] abhors the idea that the framers contemplated an
appoint the next Chief Justice considering that Sec 12 of the Acting Chief Justice to head the membership of the Supreme
Judiciary Act of 1948 can still address the situation of having Court. Otherwise, they would have simply written so in the
the next President appoint the successor. It provides that in Constitution. Consequently, to rely on Sec 12 of the Judiciary
case of a vacancy in the office of the C.J. or of his inability to Act of 1948 in order to forestall the imperative need to
perform the duties and powers of his office, they shall appoint the next Chief Justice soonest is to defy the plain
devolve upon the Associate Justice who is first in intent of the Constitution. Said Sec 12 only responds to a rare
precedence, until such disability is removed, or another C.J. situation in which the new C.J. is not yet appointed, or in
is appointed and duly qualified. which the incumbent C.J. is unable to perform the duties and
powers of the office.
It is also argued that there is no need for the incumbent
President to appoint during the prohibition period the (3) No. The argument is flawed, because it is focused only on
successor of C.J. Puno because anyway there will still be the coming vacancy occurring from C.J. Puno's retirement
about 45 days of the 90 days mandated in Sec 4(1), Art VIII by 17 May 2010. It ignores the need to apply Sec 4(1) to
remaining (the period that remains of the 90 days counted every situation of a vacancy in the SC.
from C.J. Puno’s retirement after the end of GMA’s term).
(4) No. For mandamus to lie, there should be unexplained
Issues. delay on the part of JBC in performing its duty; and there has
(1) Does the ban on making presidential appointments under been no delay on the part of the JBC in submitting the list of
Sec 15, Art VII extend to appointments to fill vacancies in the nominees for C.J. to the President because the vacancy in
SC and in the rest of the Judiciary? the office has not yet occurred. The President is
(2) Does Sec 12 of the Judiciary Act of 1948 dispel the constitutionally mandated to fill vacancies in the SC within 90
imperative need to appoint a new C.J.? days after the occurrence of the vacancies. Thus, it is
(3) Does the fact that there will still be about 45 days after mandatory for the JBC to submit to the President the list of
the prohibition period to comply with the mandate of the nominees on or before the occurrence of the vacancy in
President to fill vacancies in the SC dispel the need for Pres. order to enable the President make the appointment within
GMA to appoint C.J. Puno’s successor? the 90-day period therefrom. This is a ministerial duty of the
(4) May the JBC be compelled by mandamus to submit to JBC.144 JBC therefore has until the date C.J. Puno retires, or
Pres. GMA a short list of nominees now? 17 May 2010, to submit the list nominees to the President.A
The Court is not obliged to follow blindly a decision that it
Held. determines to call for rectification. [Valenzuela?]
(1) No. We reverse Valenzuela.140 Had the framers intended
to extend the prohibition contained in Sec 15, Art VII to the Construction cannot supply the omission of the express
appointment of Members of the SC, they could have extension of the ban in Sec 15, Art VII on appointments to the
explicitly done so. They could not have ignored the Judiciary, for doing so constitutes an encroachment upon
meticulous ordering of the provisions. The exchanges during the field of the Constitutional Commission.A
deliberations of the Constitutional Commission further show ---------------------------------------------------------
that the filling of a vacancy in the SC within the 90-day
period was made a true mandate for the President. This was
borne out of the fact that 30 years hitherto, the Court seldom
had a complete complement. Further, the usage in Sec 4(1),
Art VIII of the word “shall”—an imperative—should not be
disregarded. 140 In Re: Hon. M.A. Valenzuela and Hon. P.B.
Vallarta, 298 SCRA 408. See previous case digest Given the
background and rationale for the prohibition in Sec 15, Art
VII, undoubtedly, the Constitutional Commission confined the
prohibition to appointments made in the Executive Dept.141
The framers did not need to extend the prohibition to
appointments in the Judiciary, because their establishment
of the JBC and their subjecting the nomination and