St a 7 years except for the 1 appointees where the

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Unformatted text preview: e vacancy. Vacancies in lower courts should be filled within 90 days from submission to the President of the JBC list. The filling of the vacancy in the Supreme Court within the 90 day period is an exception to the prohibition on midnight appointments of the president. This means that even if the period falls on the period where the president is prohibited from making appointments (midnight appointments), the president is allowed to make appointments to fill vacancies in the Supreme Court. (De Castro v. JBC, G.R. No. 191002, Apr. 20, 2010) Q: What is the composition of the JBC? A: The JBC is composed of: 1. 2. 3. Chief Justice, as ex‐officio chairman Secretary of Justice, as an ex‐officio member Representative of Congress, as an ex‐ officio member Representative of the Integrated Bar A professor of law A retired member of the SC Private sector representative 4. 5. 6. 7. Q: What are the functions of the JBC? A: The principal function of the JBC is to recommend appointees to the judiciary. It may, 62 Q: Does the prohibition against midnight appointments (Sec. 15, Art. VII ‐ 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) affect appointments to the Supreme Court? A: It does not. The prohibition under Sec. 15, Art. VII does not apply to appointments to fill a vacancy in the SC. (De Castro v. JBC, G.R. No. 191002, Mar. 17, 2010) Q: What are the general qualifications for appointments to the judiciary? A: Of proven competence, integrity, probity and independence (Sec. 7 [3], Art. VIII) Q: What are the qualifications for appointments to the SC? A: 1. 2. 3. Natural born citizen of the Philippines; At least 40 years of age; A judge of a lower court or engaged in the practice of law in the Philippines for 15 years or more (Sec. 7 [1], Art. VIII) Q: What are the qualifications for app...
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This document was uploaded on 03/12/2014.

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