CASE FACTS ISSUES RULING

These cases trace their genesis to the controversy that has arisen
from the forthcoming compulsory retirement of Chief Justice Puno Yes...
on May 17, 2010, or seven days after the presidential election.
Under Section 4(1), in relation to Section 9, Article VIII, that Given the background and rationale for the prohibition in Section 15, Article VII, we have no doubt that the Constitutional
"vacancy shall be filled within ninety days from the occurrence
thereof" from a "list of at least three nominees prepared by the Commission confined the prohibition to appointments made in the Executive Department. THE FRAMERS DID NOT NEED
Judicial and Bar Council for every vacancy." TO EXTEND THE PROHIBITION TO APPOINTMENTS IN THE JUDICIARY, BECAUSE THEIR ESTABLISHMENT OF
Does the THE JBC AND THEIR SUBJECTING THE NOMINATION AND SCREENING OF CANDIDATES FOR JUDICIAL
On December 22, 2009, Congressman Matias V. Defensor, an ex JBC have the POSITIONS TO THE UNHURRIED AND DELIBERATE PRIOR PROCESS OF THE JBC ENSURED THAT THERE
Topic: officio member of the JBC, addressed a letter to the JBC, requesting authority to WOULD NO LONGER BE MIDNIGHT APPOINTMENTS TO THE JUDICIARY. If midnight appointments in the mold of
Judicial that the process for nominations to the office of the Chief Justice be submit the Aytona were made in haste and with irregularities, or made by an outgoing Chief Executive in the last days of his
Elaboration commenced immediately. list of administration out of a desire to subvert the policies of the incoming President or for partisanship, the appointments to the
nominees to Judiciary made after the establishment of the JBC would not be suffering from such defects because of the JBC's prior
Construction In its January 18, 2010 meeting en banc, therefore, the JBC passed the
and a resolution, which reads: processing of candidates. Indeed, it is axiomatic in statutory construction that the ascertainment of the purpose of the
incumbent enactment is a step in the process of ascertaining the intent or meaning of the enactment, because the reason for the
Supremacy
The JBC, in its en banc meeting of January 18, 2010, unanimously
President enactment must necessarily shed considerable light on "the law of the statute," i.e., the intent; hence, THE ENACTMENT
agreed to start the process of filling up the position of Chief Justice without SHOULD BE CONSTRUED WITH REFERENCE TO ITS INTENDED SCOPE AND PURPOSE, AND THE COURT
to be vacated on May 17, 2010 upon the retirement of the incumbent committing a SHOULD SEEK TO CARRY OUT THIS PURPOSE RATHER THAN TO DEFEAT IT.
Chief Justice Honorable Reynato S. Puno. grave
violation of xxxx
Although it has already begun the process for the filling of the the
De Castro position of Chief Justice Puno in accordance with its rules, the JBC
Constitution
is not yet decided on when to submit to the President its list of The duty of the JBC to submit a list of nominees before the start of the President's mandatory 90-day period to appoint is
nominees for the position due to the controversy now before us and ministerial, but its selection of the candidates whose names will be in the list to be submitted to the President lies within the
vs being yet unresolved. In the meanwhile, time is marching in quick jurisprudence
step towards May 17, 2010 when the vacancy occurs upon the prohibiting
discretion of the JBC. The object of the petitions for mandamus herein should only refer to the duty to submit to the
retirement of Chief Justice Puno. President the list of nominees for every vacancy in the Judiciary, because in order to constitute unlawful neglect of duty,
the
there must be an unjustified delay in performing that duty. For mandamus to lie against the JBC, therefore, there should be
JBC incumbent
The actions of the JBC have sparked a vigorous debate not only an unexplained delay on its part in recommending nominees to the Judiciary, that is, in submitting the list to the President.
among legal luminaries, but also among non-legal quarters, and
President
brought out highly disparate opinions on whether the incumbent from making The distinction between a ministerial act and a discretionary one has been delineated in the following manner:
G.R. No. President can appoint the next Chief Justice or not. Petitioner midnight
191002 Mendoza notes that in Valenzuela, which involved the appointments appointments
of two judges of the Regional Trial Court, the Court addressed this two months The distinction between a ministerial and discretionary act is well delineated. A purely ministerial act or duty is one which
issue now before us as an administrative matter "to avoid any an officer or tribunal performs in a given state of facts, in a prescribed manner, in obedience to the mandate of a legal
possible polemics concerning the matter," but he opines that the immediately authority, without regard to or the exercise of his own judgment upon the propriety or impropriety of the act done. If the law
polemics leading to Valenzuela "would be miniscule [sic] compared preceding
March 17, to the "polemics" that have now erupted in regard to the current the next imposes a duty upon a public officer and gives him the right to decide how or when the duty shall be performed, such duty
2010 controversy," and that unless "put to a halt, and this may only be presidential is discretionary and not ministerial. The duty is ministerial only when the discharge of the same requires neither the
achieved by a ruling from the Court, the integrity of the process and
elections exercise of official discretion or judgment.
the credibility of whoever is appointed to the position of Chief
Justice, may irreparably be impaired." until the end
of her term? Accordingly, we find no sufficient grounds to grant the petitions for mandamus and to issue a writ of mandamus against the
The petitioners said the President can commit a midnight
JBC. The actions for that purpose are premature, because it is clear that the JBC still has until May 17, 2010, at the latest,
appointment if she will appoint a new chief justice considering of the within which to submit the list of nominees to the President to fill the vacancy created by the compulsory retirement of Chief
upcoming national election and the 90 days ban for new Justice Puno.
appointment
Thus, the JBC is allowed to submit the list to the President for the appointment of the new Chief Justice.