De Castro v. JBC

FACTS

To fill the vacancy created by the compulsory retirement of Chief Justice Reynato Puno on May 17, 2010, the JBC was ordered to conduct with the proceedings for the nomination of candidates; prepare the short list of nominees for the position of Chief Justice; and submit to the incumbent President the short list of nominees.

As argued by the OSG, the incumbent President has the power to appoint the next CJ.

Sec. 15, Article VII or the prohibition of the President to appoint 2 months immediately before the election does not cover appointments in the judiciary. 

ISSUE

Whether or not the judiciary is exempted from the ban on midnight appointments?

RULING

Yes, the Judiciary is exempted from the ban on midnight appointments.

The prohibition against the President or Acting President in making appointments within 2 months before the next presidential elections and up to the end of the President’s or Acting President’s term does not refer to the members of the SC. Had the framers of the Constitution intended to extend the prohibition contained in Sec. 15, Art. VII to the appointment of the members of the Supreme Court, they could have explicitly done so. 

In this case, the President may appoint any members of the Supreme Court within 2 months before the next presidential elections. It is the imperative duty of the President under the Constitution to fill up the vacancies created by such inexorable retirements within 90 days from the occurrence. 

Therefore, the Judiciary is exempted from the ban on midnight appointments. 

Full text here

 

Aytona v. Castillo

FACTS

A day before President-elect Diosdado Macapagal assumed office on December 30, 1961, former President Carlos P. Garcia appointed 350 ad interim appointees. One of whom was Dominador Aytona, who was appointed as the Governor of the Central Bank. 

However, on December 31, 1961, Macapagal issued Administrative Order No. 2 recalling, withdrawing, and cancelling all ad interim appointments made by Garcia after December 13, 1961 (the date when he was proclaimed elected by the Congress). On January 1, 1962, Andres Castillo was appointed by Macapagal as the Governor of the Central Bank.

Aytona was prevented from holding office at the Central Bank. Hence, a petition to disregard the Administrative Order No. 2 was filed in court. 

ISSUE

Whether or not Administrative Order No. 2 which cancels the midnight or last-minute appointment was valid?

RULING

Yes, Administrative Order No. 2 was valid. 

The administration of Garcia was no more than a caretaker administration after the proclamation of the election of the Macapagal on December 13, 1961. However, filling up of vacancies by Garcia in important positions, if few, with assurance of deliberate action and careful consideration of the need for the appointment may be permitted.

In this case, the issuance of 350 appointments in one night was regarded as an abuse of Presidential prerogative where the exercise of double care, which was required and expected of Garcia, was hard to believe. 

Therefore, there is no reason to disregard Administrative Order No. 2 which cancels midnight or last-minute appointments.