David v ermita gr no171409may32006 the constitution

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Unformatted text preview: the President upon the submission of a list of at least three nominees by the JBC; Section 4(1) of the Article mandates the President to fill the vacancy within 90 days from the occurrence of the vacancy. Had the framers intended to extend the prohibition contained in Section 15, Article VII to the appointment of Members of the Supreme Court, they could have explicitly done so. They could not have ignored the meticulous ordering of the provisions. They would have easily and surely written the prohibition made explicit in Section 15, Article VII as being equally applicable to the appointment of Members of the Supreme Court in Article VIII itself, most likely in Section 4 (1), Article VIII. 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. Given the background and rationale for the prohibition in Section 15, Article VII, there is no doubt that the Constitutional Commission confined the prohibition to appointments made in the Executive Department. The framers did not need to extend the prohibition to appointments in the Judiciary, because their establishment of the JBC and their subjecting the nomination and screening of candidates for judicial positions to the unhurried and deliberate prior process of the JBC ensured that there would no longer be midnight appointments to the Judiciary. (De Castro v. JBC, G.R. No. 191002, Mar. 17, 2010) c. POWER OF REMOVAL Q: Where does the President derive his power of removal? A: The President derives his implied power of removal from other powers expressly vested in him. 1. 2. 3. 4. It is implied from his power to appoint. Being executive in nature, it is implied from the constitutional provision vesting the executive power in the President. It may be implied from his function to take care that laws be properly...
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This document was uploaded on 03/12/2014.

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