G.R. No. 191002 – 629 Phil. 629 – 632 Phil. 657 – Political Law – Constitutional Law – The Executive Department – The Appointing Power – Midnight Appointment; Exception: Appointment in the Supreme Court
CJ Renato Puno was set to retire on 17 May 2010. PGMA’s term will end on 30 June 2010. The new President will assume office on the same day.
Sec. 4, Art. VIII provides that vacancy in the SC must be filled within 90 days from vacancy so in this case until 17 August 2010.
In January 2010, JBC started the process of accepting applications and nominations to the position of SC CJ. Atty. Arturo De Castor and other concerned groups filed a prohibition against the JBC citing Sec. 15, Art. VII which prohibits midnight appointments; the only exception was temporary appointments to executive positions so as not to prejudice the public and the position of the SC CJ is not such a position.
ISSUE: Whether or not petition must be granted.
HELD: No. Sec. 15, Art. VII does not extend to appointments of members of the Supreme Court. If so, then framers would have explicitly stated it.
Read full text: March 2010 Decision, April 2010 Resolution
Note: This allowed PGMA to appoint Justice Renato Corona as CJ on 12 May 2010 which was two days after the elections and within the end part of her term as president.
