Professional Documents
Culture Documents
HELD
• NO.
• Section
15,
Article
7
is
directed
against
two
types
of
appointments:
1. those
made
for
buying
votes
and
2. those
made
for
partisan
considerations
(“midnight”
appointments)
Section
4(1)
Article
8
(GENERAL
PRIVISION)
The
Supreme
Court
shall
be
composed
of
a
Chief
Justice
and
fourteen
Associate
Justices.
It
may
sit
en
banc
or,
in
its
discretion,
in
divisions
of
three,
five,
or
seven
Members.
Any
vacancy
shall
be
filled
within
ninety
days
from
the
occurrence
thereof
Section
9
Article
8
(GENERAL
PROVISION)
The
Members
of
the
Supreme
Court
and
judges
in
lower
courts
shall
be
appointed
by
the
President
from
a
list
of
at
least
three
nominees
prepared
by
the
Judicial
and
Bar
Council
for
every
vacancy.
Such
appointments
need
no
confirmation.
For
lower
courts,
the
President
shall
issue
the
appointments
within
ninety
days
from
the
submission
of
the
list.
Section
15
Article
7
(PARTICULAR
/
EXCEPTION
PROVISION)
Two
months
immediately
before
the
next
presidential
elections
and
up
to
the
end
of
his
term,
A
President
or
Acting
President
shall
not
make
appointments,
except
temporary
appointments
to
executive
positions
when
continued
vacancies
therein
will
prejudice
public
service
or
endanger
public
safety.
• During
the
period
stated
in
Sec.
15,
Art.
7
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.
8
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.
7.
This
prohibition
on
appointments
comes
into
effect
once
every
6
years.
• The
intent
of
the
Constitution
is
to
prevent
“midnight
appointments”
as
well
as
influence
of
appointments
upon
elections.
2
months
prior
to
election,
the
President
is
deprived
of
appointing
power
subject
to
the
only
exception.
• The
appointments
of
Valenzuela
&
Vallarta
falls
within
this
time
frame
hence
their
appointments
are
NULL
&
VOID.
DECISION:
DISMISSED
<Midnight Appointments> <In Re Appointment of Valenzuela> <Abby Martinez>
<A.M. No. 98-5-01-SC.> <November 9, 1998> <J. Romulo>
OPINION
(CONCURRING)
OPINION
(DISSENTING)