Subject:Citizen’s request for consideration in
connection with
De
Castro v. JBC, G.R. No. 191002, and related cases
Your Honors:
1.With all due respect,
I write as a humble citizen of the Republic under R.A. 6713 (CODE OF CONDUCT
AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES).
2.The essential issue raised in the subject case/s is:
WHETHER THE VACANCY TO BE
CREATED BY CHIEF JUSTICE REYNATO PUNO’S COMPULSORY RETIREMENT ON MAY 17, 2010
MAY BE VALIDLY FILLED, CONSIDERING THE BAN AGAINST APPOINTMENTS SIXTY (60) DAYS
BEFORE MAY 10, 2010
UP TO JUNE 30, 2010 UNDER
SECTION 15, ART. VII OF THE 1987 PHILIPPINE CONSTITUTION?
3.It is respectfully
submitted the answer is YES, by virtue of the express EXCEPTION in the
Constitution which provides that, with respect to vacancies in the Supreme
Court, “Any vacancy shall be filled within ninety days from the
occurrence thereof” (par. 1, Sec. 4, Art. VIII).
4.The law is CLEAR.
There appears no reasonable doubt as to the plain meaning of the applicable
provisions. No qualification is provided; thus, none should be read into the
law. Consequently, there is no room for construction or interpretation. There
is only room for application.
5.The material
provisions of the Constitution appear to be as follows:
a.Article VII, Section 15: “Two months
immediately before the next presidential elections and up to the end of his
term, a President or Acting President shall not make appointments, except
temporary appointments to executive positions when continued vacancies therein
will prejudice public service or endanger public safety.”
b.Article VIII, Section 4, par. 1: “The Supreme Court
shall be composed of a Chief Justice and fourteen Associate Justices. It may sit
en banc or, in its discretion, in divisions of
three, five, or seven Members. Any vacancy shall be filled within ninety days
from the occurrence thereof.”
6.In other words, the GENERAL
RULE is:
THE PRESIDENT SHALL NOT
MAKE APPOINTMENTS WITHIN THE PROHIBITED PERIOD WHICH BEGINS ON MARCH 11,
2010 AND ENDS ON JUNE 30, 2010.
7.The EXCEPTIONS are:
a.Temporary appointments to executive positions when
continued vacancies therein will prejudice public service;
b.Temporary appointments to executive positions when
continued vacancies therein will endanger public safety;
c.Any vacancy in the position of Member of the Supreme
Court.
8.Is there any real conflict between Article VII, Section 15,
and Article VIII, Section 4, par. 1? NONE. The first refers to the rule on governmental
vacancies in general. The second refers to vacancies in the Supreme
Court in particular.
9.May vacancies in the Government outside of the three (3)
exceptions be filled within the prohibited period? NO. They are covered by the GENERAL RULE.
10.May vacancies in the
judiciary - other than in the position of Member of the Supreme Court - be
filled within the prohibited period? NO.
They are not covered by any of the EXCEPTIONS. Therefore, they are covered by
the GENERAL RULE.
In
the interest of upholding the Rule of Law, it is most respectfully prayed that
the foregoing observations be considered in the final resolution of the subject
case/s.
