In accordance with Section 4, Article VII of the 1987 Constitution, Aquino and Binay will formally assume their office on June 30, 2010.

The Decision stemmed from the question on whether an incumbent President can appoint Chief Justice Puno’s successor, considering that Section 15, Article VII (Executive Department) of the Constitution prohibits the President from making appointments within two months immediately before the next presidential elections and up to the end of her term, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.

In its Decision, the Supreme Court, speaking through Associate Justice Lucas Bersamin held that the prohibition against presidential appointments under Section 15, Article VII does not extend to appointments in the Judiciary.

The Court ratiocinated that “Article VIII is dedicated to the Judicial Department and defines the duties and qualifications of Members of the Supreme Court, among others. Section 4(1) and Section 9 of this Article are the provisions specifically providing for the appointment of Supreme Court Justices. In particular, Section 9 states that the appointment of Supreme Court Justices can only be made by 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.”

 Click on this link to read a full copy of the Decision.

PROCLAIMING A STATE OF MARTIAL LAW AND SUSPENDING THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS IN THE PROVINCE OF MAGUINDANAO, EXCEPT FOR CERTAIN AREAS

WHEREAS, Proclamation 1946 was issued on 24 November 2009 declaring a state of emergency in the provinces of Maguindanao, Sultan Kudarat and the City of Cotabato for the purpose of preventing and suppressing lawless violence in the aforesaid areas;



WHEREAS, Section 18, Article VII of the Constitution provides that “xxx In case of invasion or rebellion, when the public safety so requires it, (the President) may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law, xxx ”

WHEREAS, R.A. No. 6986 provides that the crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.


WHEREAS, heavily armed groups in the province of Maguindanao have established positions to resist government troops, thereby depriving the Executive of its powers and prerogatives to enforce the laws of the land and to maintain public order and safety;



WHEREAS, the condition of peace and order in the province of Maguindanao has deteriorated to the extent that the local judicial system and other government mechanisms in the province are not functioning, thus endangering public safety;



WHEREAS, the Implementing Operational Guidelines of the GRP-MILF Agreement on the General Cessation of Hostilities dated 14 November 1997 provides the following is considered a prohibited act: “xxx establishment of checkpoints except those necessary for the GRP’s enforcement and maintainance of peace and order; and for the defense and security of the MILF in their identified areas, as jointly determined by the GRP and the MILF, xxx ”

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and by law, do hereby proclaim as follows:



SECTION 1. There is hereby declared a state of martial law in the province of Maguindanao, except for the identified areas of the Moro Islamic Liberation Front as referred to in the Implementing Operational Guidelines of the GRP-MILF Agreement on the General Cessation of Hostilities.



SECTION 2. The privilege of the writ of habeas corpus shall likewise be suspended in the aforesaid area for the duration of the state of martial law.



DONE in the City of Manila, this 4th day of December in the year of our Lord, Two Thousand and Nine.


GLORIA MACAPAGAL ARROYO


By the President:


EDUARDO R. ERMITA

Executive Secretary