H10. In re appointment of Hon. MA Valenzuela and Hon.

Villarta as RTC Judges

298 SCRA 408, dated March 30, 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:

Is the appointment void or not?

Held:

The appointment is void.

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 is considered void and unquestionably

made during the period of the ban. They come within the operation of the prohibition
relating to appointments under Sec 15, of Art. VII. The only exception mentioned in the
preceding mentioned constitutional provision if when the President or Acting President
appoint temporarily an executive position when the vacancies therein will prejudice
service or endanger public safety. While the filling of vacancies in the judiciary is
undoubtedly in the public interest, this is explicitly prohibited under under Sec 15, of
Art. VII.