Wednesday, March 17, 2010

APPOINTMENT TO THE NEXT CHIEF JUSTICE: CONSTITUTIONAL OR NOT?

The constitution imposes a ban on midnight appointment taking effect 2 months before the next Presidential elections until the end of the term of the President:
" Two months immedietly before the next presidential elections and up to the end of his/her term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies tehrein will prejudice public service or endanger public safety"
Certain Issues now arises:
1. Can President arroyo appoint a Chief Justice during the ban on midnight appointment?
2. Can the President appoint a new Chief Justice prior to the effectivity of the ban on midnight appointment last March 11, 2010?

To be updated:

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