Judiciary (Article VIII Constitiution): De Castro vs. JBC (G.R. No. 191002, March 17, 2010)

FACTS:

 

Chief Justice Renato S. Puno was to compulsorily retire by May 17, 2010 and prior to that retirement was the May 10, 2010 Presidential elections. This occurrence gave way to legal questions: 1. May the Judicial and Bar Council (JBC) resume the process of screening the candidates nominated and submit the list of nominees to the incumbent President even during the period of the prohibition under Section 15, Article VII – Sec. 15, Art VII of the Constitution bans the President or Acting President from making appointments within two months immediately before the next presidential elections and up to the end of his term, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety ; 2. what is the relevance of Sec. 4, Art VIII of the Constitution – Any vacancy in the SC shall be filled within 90 days from the occurrence thereof; 3. Does mandamus lie to compel the submission of the shortlist of nominees by the JBC?

ISSUE (Section 5):

 

Prior to its vacancy, does the issue of who can appoint the successor of Chief Justice Puno, present an actual controversy and, thus, ripe for adjudication?

RULING:

 

Yes. The issue presents an actual controversy and it is ripe for adjudication. Although the position is not yet vacant, the fact that the JBC began the process of nomination pursuant to its rules and practices, although it has yet to decide whether to submit the list of nominees to the incumbent outgoing President or to the next President, makes the situation ripe for judicial determination, because the next steps are the public interview of the candidates, the preparation of the short list of candidates, and the “interview of constitutional experts, as may be needed. The ripeness of the controversy for judicial determination may not be doubted. There is no need to await the occurrence of the vacancy by May 17, 2010 in order for the principal issue to ripe for judicial determination by the Court.