Press Release
February 2, 2010


Senate Resolution 1550, expressing the sense of the Senate that Malacanang should not make midnight appointments in the Judiciary as mandated by the 1987 Philippine constitution, was filed today.

The Resolution states that the President is prohibited to appoint from March 10, 2010 until June 30, 2010. The period for filling a vacancy in the Supreme Court lasts until August 17, 2010. The new President has 45 days then to make the appointment.

"Under Section 15, Article VII of the Constitution, the President is neither required to make appointments to the courts, nor allowed to do so," says Senator Francis "Kiko" Pangilinan. "Sections 4(1) and 9 of Article VIII simply mean that the President is required to fill vacancies within time frames provided therein unless prohibited by Section 15, Article VII. These prohibitions come into effect only once every six years."

"PGMA cannot prematurely appoint CJ Puno's successor. She can only make temporary appointments. The President, of all people, should uphold the law at all times."

Resolution 1550 was signed by Senators Francis Pangilinan, Edgardo Angara, Noynoy Aquino, Rodolfo Biazon, Alan Cayetano, Pia Cayetano, Jinggoy Estrada, Gregorio Honasan, Jamby Madrigal, Nene Pimentel, Mar Roxas, and Antonio Trillanes.

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