IN RE VALENZUELA

Referred to the Court en banc are the appointments, signed by the President, 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 continued vacancies 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.

RULING: During the period stated in Sec. 15, Art. VII of the Constitution two months immediately
before the next presidential elections and up to the end of his term the President is neither
required to make appointments to the courts nor allowed to do so; and that Secs. 4(1) and 9 of Art.
VIII simply mean that the President is required to fill vacancies in the courts within the time frames
provided therein unless prohibited by Sec. 15 of Art. VII. This prohibition on appointments comes
into effect once every 6 years.
The appointments of Valenzuela and Vallarta were unquestionably made during the period of the
ban. They come within the operation of the prohibition relating to appointments.