DE CASTRO vs.

JBC

FACTS: The Compulsory retirement of Chief Justice Reynato Puno, occurs seven days after the coming
presidential elections on May 10, 2010. Considering Section 15, Article VII of the Constitution which
prohibits the President or Acting President from making appointments within two months immediately
before the next presidential elections and up to the end of his term.

The Office of the Solicitor General contends that the incumbent President may appoint the next
Chief Justice because the prohibition under Section 15, Article VII of the Constitution does not apply to
appointments in the Supreme Court. It argues that any vacancy in the Supreme Court must be filed
within 90 days from its occurrence.

ISSUE: Whether or not incumbent President can appoint the successor of Chief Justice Puno upon his
retirement.

RULING: YES. The prohibition under Section 15, Article VII of the Constitution does not apply to
appointments to fill a vacancy in the Supreme Court or to another appointments to the Judiciary, it only
apply to the appointments of executive officials.