PERSONS I

A.Y. 2019– ATTY. LEGARDA

Section 15, Article VII and pertinent records of Constitutional
Commission is unambiguous and clear since the Constitution
TOPIC Stare Decisis
should be taken as a whole, and the intent is to limit the
CASE NO. G.R. No. 191002 power of the Chief Executive to make appointments to refrain
perpetuating power beyond her term office and so believes
CASE NAME De Castro v JBC that the Judiciary is impliedly included in that provision. The
appointment of such should only be temporary. Another
PONENTE J. Bersamin
contention is that Section 15, Article VII applies to Section
PETITIONER Arturo M. De Castro 4(1) and Section 9 of Article VIII.The petitioners also believe
that the Valenzuela ruling of 1998 by which the Court held
RESPONDENT Judicial and Bar Council (JBC) and President that Section 15, Article VII prohibited the exercise by the
Gloria Macapagal-Arroyo President of the power to appoint to judicial positions during
the period therein fixed should be followed and not reversed
TYPE OF CASE Motion for Reconsideration
by the Court. The Judicial and Bar Council comments that to
MEMBER Diane Gail Uy apply Section 15, Article 7 to Section 4(1) and Section 9 of
Arcticle VIII is amending the constitution and that the
petitioners should have been dismissed for prematurity since
ISSUE the Judicial and Bar Council have not interviewed candidates
yet when the petitions were filed.
1. Whether the incumbent president has the power to appoint
the next Chief Justice RATIO DECIDENDI
2. Whether the Court erred in disobeying the Valenzuela Ruling 1. Yes. According to Section 4(1) of Article VIII,If there is any
3. Whether or not Section 15, Article VII applies to the vacancy in the Supreme Court, it shall be filled within ninety
appointments of the Judiciary days from the occurrence thereof. Additionally, Section 9 of
4. Whether Section 4(1) and Section 9 of Article VIII expresses Article VIII provides that the Member of the Supreme Court
application of the ban under Section 15 Article VIII shall be appointed by the President from the list prepared by
the Judicial and Bar Council for every vacancy. The Court
RELEVANT FACTS also affirms that this is her imperative duty under the
- Chief Justice Reynato Puno is set for a compulsory retirement Constitution to fill up vacancies created by such inexorable
on May 17, 2010, just 7 days from the presidential elections. retirements within ninety days.
This Motion for reconsideration is for the decision dated 2. No. The Court, as the highest court of the land, may only be
March 17, 2010. In the said decision, the Court directs the guided but not controlled by a precedent. The Court is not
Judicial and Bar Council to come up with a shot list of obliged to follow blindly a particular decision. The adherence
nominees to be submitted to the incumbent President for the to precedents is only strict for Common Law, which we are
replacement of the Chief Justice. The petitioners argue that not. The Court decides when the reasoning and justification

1
 PERSONS I
A.Y. 2019– ATTY. LEGARDA
in a precedent is applicable to a case. The Constitution itself
recognizes the innate authority of the Court en bans to modify
or reverse a doctrine or principle of law laid down in a
decision.
3. No. The provision of Section 15, Article VII makes no mention
of the Judiciary. It only mentions of Executive positions. Had
the framers intended to extend the prohibition to the
Members of the Supreme Court, they could have explicitly
done so. The specification of not doing so only reveals that it
does not refer to the Judiciary.
4. No. Construction cannot supply the omission, for doing so
would generally constitute an encroachment upon the field of
the Constitutional Commission. Section 4(1) and 9 under
Article VIII should be left as they are, given that they are clear
and explicit. The addition of new words may alter the thought
intended to be conveyed.
DISPOSITIVE POSITION
Wherefore the motion for reconsideration is denied with finality. The
proceedings for the nomination of candidates by May 17, 2010, the
preparation of the short list of nominees, the submission of the list to
the President, and the continuation of the proceedings to fill the
vacancies will resume.
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.
- Section 4(1), Article VIII- The Supreme Court shall be
composed of a Chief Justice and fourteen Associate Justices.
It may sit en bans or in its discretion, in division of three, five,
or seven Members. Any vacancy shall be filled within ninety
days thereof.
- Section 9, Article VIII- the Members of the Supreme Court
and judges of the 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 the lower courts, the
President shall issue the appointments within ninety days from
the submission of the list.
- NCC 8- Judicial decisions applying or interpreting the laws or
the Constitution shall form part of the legal system of the
Philippines.

DOCTRINE/PRECEDENT
- Stare Decisis is to adhere to precedent and not to unsettle
things that are settled.
- In Reappointments of Hon.Valenzuela and Hon.Vallarta
(Valenzuela ruling)- the Court held that Section 15, Article
VII prohibited the exercise by the President of the power to
appoint to judicial positions during the period therein fixed.

RELEVANT LAWS
- Section 15, Article VII- Two months immediately before the
net presidential elections and up to the end of his term, a