Can President Duterte still appoint the replacement for Supreme Court (SC) Senior Associate Justice Estela M. Perlas Bernabe after her compulsory retirement on May 14 or five days after the May 9 national and local elections?
Can President Duterte still appoint the replacement for Supreme Court Senior Associate Justice Estela M. Perlas Bernabe after her compulsory retirement on May 14 or five days after the May 9 national and local elections?
The decision in the consolidated cases, denominated as Arturo M. De Castro vs. Judicial and Bar Council , was written by then Associate Justice Lucas P. Bersamin who also eventually became Chief Justice and retired on Oct. 11, 2019. “Such meticulousness indicates that the organization and arrangement of the provisions of the Constitution were not arbitrarily or whimsically done by the framers, but purposely made to reflect their intention and manifest their vision of what the Constitution should contain.
“That such specification was not done only reveals that the prohibition against the President or Acting President making appointments within two 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 Supreme Court.”
The JBC – the constitutional office that accepts, screens, and nominates appointments to the judiciary – has scheduled public interviews of the seven aspirants. Should the JBC submit to the President its nominees before or immediately after Bernabe’s retirement and the President names a new associate justice, he or she would be the President’s 13th incumbent appointee in the 15-member SC.
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