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. 

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