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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, Cabananatuan City, respectively
NARVASA, CJ : The question presented 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 A corollary question
is whether he can make appointments to the judiciary during the
period of the ban in the interest of public service Resolution
of the issues is needful; it will preclude a recurrence of any
conflict in the matter of nominations and appointments to the Judiciary
— as that here involved — between the Chief Executive,
on the one hand, and on the other, the Supreme Court and the Juducial
and Bar Council over which the Court exercises general supervision
and wields specific powers including the assignment to it of other
functions and duties in addition to its principal one of recommending
appointees to the Judiciary, and the determination of its Members
emoluments 1 I The Relevant Facts The Resolution of the Court En
Banc , handed down on May 14, 1998, sets out the relevant facts
and is for that reason hereunder reproduced in full Referred to
the Court En Banc by the Chief Justice are the appointments signed
by His Excellency the President under date of 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 The appointments were received
at the Chief Justice's chambers on May 12, 1998 The referral was
made in view of the serious constitutional issue concerning said
appointments arising from the pertinent antecedents The issue was
first ventilated at the meeting of the Judicial and Bar Council
on March 9, 1998 The meeting had be
Supreme Court of the Philippines
Philippines
9th November, 1998
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