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G.R. No. 191002: De Castro v JBC Case Digest

Article · April 2010

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 Case Brief Bjørn Henrik Panis

G.R. No. 191002

April 20, 2010
ARTURO M. DE CASTRO, PETITIONER, VS. JUDICIAL AND BAR
COUNCIL (JBC) AND PRESIDENT GLORIA MACAPAGAL -
ARROYO, RESPONDENTS.

FACTS: On March 17, 2010, the Court promulgated its decision directing the Judicial and Bar
Council (JBC) to resume its proceedings for the nomination of candidates in order to fill the
vacancy of the Chief Justice on May 17, 2010 to be created by the compulsory retirement of the
then-current Chief Justice. Furthermore, the decision also mandates JBC to make a short list of
nominees to be submitted to the outgoing President Arroyo at the time. Petitioners argue that the
constitution through Section 15, Article VII, also applies to the appointments for the Judiciary,
safeguards midnight appointments and a ban is currently in effect prohibiting the incumbent
president to appoint any officials of the government avoiding any possible exercise of power
through proxies by the current president. The only exception is that there could be temporary
appointments to executive positions.

ISSUE: W/N the incumbent President can appoint a Chief Justice within the time of midnight
appointment ban.

RULING: The court denied the motions for reconsideration with finality.

HELD: The court "cannot permit the meaning of the Constitution to be stretched to any
unintended point in order to suit the purposes of any quarter". Section 15, Article VII as under
Executive Department only, does not extend to appointments in Judiciary.

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