In Re Appointments of Hon. Mateo Valenzuela and Hon. Placido Vallarta A.M. No. 98-5-01-SC, November 9, 1998Sunday, January 25, 2009 Posted by Coffeeholic Writes 

Labels: Case Digests, Political Law

Facts: Referred to the Court en banc are the appointments signed by

the President dated March 30, 1998 of Hon. Mateo Valenzuela and

Hon. Placido Vallarta as judges of the RTC of Bago City and Cabanatuan City,

respectively. These appointments appear prima facie, at least, to be

expressly prohibited by Sec. 15, Art. VII of the Constitution. The said

constitutional provision prohibits the President from making any

appointments two months immediately before the next presidential

elections and up to the end of his term, except temporary appointments to

executive positions when continuedvacancies therein will prejudice public

service or endanger public safety.

Issue: Whether or not, during the period of the ban on appointments

imposed by Sec. 15, Art. VII of the Constitution, the President

is nonetheless required to fill vacancies in the judiciary, in view of Secs. 4 (1)

and 9 of Art. VIII

Held: During the period stated in Sec.