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in RE Appointments Dated March 30, 1998 of Hon. M.A. Valenzuela and Hon. P.B. Villarta As RTC Judges 298 SCRA 408

The Supreme Court ruled that the President cannot make appointments to the judiciary during the period of the ban on appointments prior to an election. Specifically, the Court found that the appointments of Hon. Mateo A. Valenzuela and Hon. Placido B. Vallarta as judges were made during the prohibited period and were invalid, even if filling judicial vacancies serves the public interest. The constitutional ban greatly restricts the President's appointment powers and there was no compelling reason shown to justify the appointments in this case.

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90 views1 page

in RE Appointments Dated March 30, 1998 of Hon. M.A. Valenzuela and Hon. P.B. Villarta As RTC Judges 298 SCRA 408

The Supreme Court ruled that the President cannot make appointments to the judiciary during the period of the ban on appointments prior to an election. Specifically, the Court found that the appointments of Hon. Mateo A. Valenzuela and Hon. Placido B. Vallarta as judges were made during the prohibited period and were invalid, even if filling judicial vacancies serves the public interest. The constitutional ban greatly restricts the President's appointment powers and there was no compelling reason shown to justify the appointments in this case.

Uploaded by

Maan Laspinas
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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IN RE APPOINTMENTS DATED MARCH 30, 1998 OF HON. MATEO A.

VALENZUELA AND HON. PLACIDO B. VALLARTA AS JUDGES OF THE


REGIONAL TRIAL COURT OF BRANCH 62, BAGO CITY AND OF BRANCH 24,
CABANATUAN CITY, RESPECTIVELY.
(A.M. No. 98-5-01-SC, November 09, 1998)

Facts

1. The President appointed Hon. Mateo A. Valenzuela and Hon. Placido B. Vallarta as
Judges of the Regional Trial Court of Branch 62, Bago City and of Branch 24,
Cabanatuan City, respectively.

2. At a meeting of the Judicial and Bar Council, a question was raised by some sectors
about the "constitutionality of the appointments" to the Court of Appeals, specifically, in
light of the forthcoming presidential elections.

3. The question presented to the Supreme Court for resolution in the administrative
matter at bar is whether, during the period of the ban on appointments imposed by
Section 15, Article VII of the Constitution, the President is nonetheless required to fill
vacancies in the judiciary, in view of Sections 4(1) and 9 of Article VIII.

Issue: Whether the President can make appointments to the judiciary during the period
of the ban in the interest of public service.

Ruling:

No. Section 15, Article VII greatly restricts the appointing power of the President during
the period of the ban.

The appointments of Messrs. Valenzuela and Vallarta on March 30, 1998 (transmitted
to the Office of the Chief Justice on May 14, 1998) were unquestionably made during
the period of the ban. Consequently, they come within the operation of the first
prohibition relating to appointments which are considered to be for the purpose of
buying votes or influencing the election. While the filling of vacancies in the judiciary is
undoubtedly in the public interest, there is no showing in this case of any compelling
reason to justify the making of the appointments during the period of the ban. On the
other hand, as already discussed, there is a strong public policy for the prohibition
against appointments made within the period of the ban.

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