04/02/2020
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[124] An Act Reorganizing the Judiciary, Appropriating Funds Therefor, and For Other
Purposes [The Judiciary Reorganization Act of 1980], Batas Pambansa Blg. 129
(1980).
[125] Id. at Section 3.
[126] In fact, the wording of the applicable law in In Re Seniority (Section 3, Chapter
I of Batas Pambansa Blg. 129, as amended) made it even further clear that the
phrase “dates of their respective appointments” should mean exactly what it says by
providing for a situation that “when the appointments of two or more of them shall
bear the same date” then seniority shall be based “according to the order in which
their appointments were issued by the President.”
[127] Civil Liberties Union v. Executive Secretary (G.R. No. 83896 February 22, 1991,
194 SCRA 320, 325) is instructive:
A foolproof yardstick in constitutional construction is the intention
underlying the provision under consideration. Thus, it has been held that
the Court in construing a Constitution should bear in mind the object
sought to be accomplished by its adoption, and the evils, if any, sought to
be prevented or remedied. A doubtful provision will be examined in the
light of the history of the times, and the condition and circumstances
under which the Constitution was framed. The object is to ascertain the
reason which induced the framers of the Constitution to enact the
particular provision and the purpose sought to be accomplished thereby,
in order to construe the whole as to make the words consonant to that
reason and calculated to effect that purpose.
[128] 358 Phil. 901, 913-914 (1998).
[129] Webster’s Dictionary defines partisanship as “strong or sometimes blind and
unreasoning adherence to a single cause or group: bias, one-sidedness, prejudice.”
[130] In In re Valenzuela, the Court ruled that the second type of prohibited
appointment consist of the so-called "midnight" appointments,” citing Aytona.
Aytona and most cases (involving so-called midnight appointments) involved
appointments made by executives who lost their bid in re-election.
[131] Section 4, Article VII reads:
Section 4. The President and the Vice-President shall be elected by direct
vote of the people for a term of six years which shall begin at noon on the
thirtieth day of June next following the day of the election and shall end
at noon of the same date, six years thereafter. The President shall not be
eligible for any re-election. No person who has succeeded as President
and has served as such for more than four years shall be qualified for
election to the same office at any time.
[132] That (i) is directed only against an outgoing president; (ii) provides its own
timeframe; and (iii) makes no distinction on the kind of ‘appointment’ involved.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60717
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