G.R. No.

L-1612, February 26, 1948

JORGE B. VARGAS, petitioner,

vs.
EMILIO RILLORAZA, JOSE BERNABE, MANUEL ESCUDERO, Judges of the People's Court, and THE
SOLICITOR GENERAL OF THE PHILIPPINES, respondents.

Claro M. Recto for petitioner.

Office of the Solicitor General Manuel Lim and Assistant Solicitor General Manuel P. Barcelona for respondents

HILADO, J.:

FACTS:

A motion on August 28, 1947 challenges the constitutionality of Section 14 of the People’s Court Act
(commonwealth act No. 682) which provides that the President may appoint judges of first instance, judges- at-large
of first instance or cadastral judges to serve as substitute Justices in treason cases without necessarily having the
constitutional qualifications required by the Constitution of the Republic of the Philippines.

The motion seeks to invalidate section 14 for the following reasons:

(a) it provides for the qualification of Members of the Supreme Court other than those provided for in Article VIII of
the Constitution;
(b) it permits the appointment of Members of the Court who do not have the constitutional qualifications set forth in
Article VIII;
(c) it removes members from office by a process other than impeachment contrary to Article IX of the Philippine
Constitution; and
(d) it deprives the Commission-on-Appointment of Congress of its prerogatives to confirm or reject Appointments to
the Supreme Court;

The Solicitor General, on behalf of the prosecution, opposed the petition and supported his objection, contending
that the power of Congress to enact section 14 of Commonwealth Act No. 682 and Section 14 of the Commonwealth
Act No. 682 does not and is not intended to provide any additional status to the members of the Supreme Court, let
alone amend Section 6, Article VIII of the Philippine Constitution.

ISSUE:

Whether or not Sec. 14 of Commonwealth Act no. 682 is constitutional.

RULING:

No. Section No. 14 of Commonwealth Act no. 582 is unconstitutional. Article VIII, Sections 4 and 5 of the
Constitution recognize no members of the Supreme Court other than the Chief Justice and the Associate Justices
mentioned in the Constitution, appointed by statute. And the offense is further supported and serious when the
majority of the members of the Court, in this case, are replaced by first instance judges. Constitutional requirements
Arrticle 2 VIII Section 5 provides that the members of the Supreme Court shall be appointed by the President with
the consent of the CoA, “Except as provided by law" in Section 4 cannot be interpreted as authorizing legislation
would change the composition of the Supreme Court as defined by the Constitution.