D. Appointments to the Judiciary

Clustering

In Aguinaldo v. Timbang [G.R. No. 224302 (2017)], the Court ruled that clustering impinged upon the President’s appointment power in appointing the Associate Justices in the Sandiganbayan.

The President’s option for every vacancy was limited to the 5 to 7 nominees in each cluster. Once the President chose an appointee from one cluster, he was proscribed from considering other nominees in the same cluster for the other vacancies. All the nominees applied for and were qualified for appointment to any of the vacant Associate Justice positions in the Sandiganbayan, however, the JBC did not explain why one nominee should be considered for appointment to the position assigned to one specific cluster only.

The nominees' chance for appointment was restricted to the consideration of the one cluster in which they were included, even though they applied for and were qualified for all vacancies.

Powers

Functions of The JBC (PHIL. CONST., art. VIII, § 8(5).)

• Primary Function: Recommend appointees to the Judiciary.
• Secondary Function: It may also exercise such other functions as the SC may assign to it.

Primary function

Recommend appointees to the judiciary; may exercise such other functions and duties as the SC may assign to it [Section 8(5), Article VIII, 1987 Constitution].

Note: Judges may not be appointed in any acting or temporary capacity as this would undermine the independence of the judiciary.

Appointment procedure

The JBC shall submit a list of at least three (3) nominees for every vacancy to the President [Section 9, Article VIII, 1987 Constitution].

Afterwards, any vacancy in the Supreme Court shall be filled within ninety (90) days from the occurrence thereof [Section 4(1), Article VIII, 1987 Constitution].

For lower courts, the President shall issue the appointment within ninety (90) days from the submission by the JBC of such list [Section 9, Article VIII, 1987 Constitution].

The prohibition against midnight appointments does not apply to the judiciary [De Castro v. JBC, G.R. No. 191002 (2010)].