Comments on: Let the Next President Appoint the Next Chief Justice http://attyatwork.com/let-the-next-president-appoint-the-next-chief-justice/ Legal thoughts and beyond Thu, 29 Jul 2010 04:49:45 +0000 hourly 1 http://wordpress.org/?v=3.0 By: Lito B. http://attyatwork.com/let-the-next-president-appoint-the-next-chief-justice/comment-page-1/#comment-25959 Lito B. Sat, 27 Feb 2010 17:18:45 +0000 http://attyatwork.com/?p=1172#comment-25959 I believe a constitutional prohibition must prevail over a constitutional command. The next president should appoint the next CJ. But let me pose this very hypothetical question. What if majority or all of the justices of the SC are due to retire during the prohibition period? Do we have to wait for the next president to appoint their replacements? I believe a constitutional prohibition must prevail over a constitutional command. The next president should appoint the next CJ.

But let me pose this very hypothetical question. What if majority or all of the justices of the SC are due to retire during the prohibition period? Do we have to wait for the next president to appoint their replacements?

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]]> By: Sheila Lucero http://attyatwork.com/let-the-next-president-appoint-the-next-chief-justice/comment-page-1/#comment-25951 Sheila Lucero Sat, 27 Feb 2010 09:39:36 +0000 http://attyatwork.com/?p=1172#comment-25951 The issue is not that so big. He does not need to resign on his birthday but he may have to extend it until his the proper appointing authority may choose a successor. if you may recall your political law, it is provided that a government official of employee may not be allowed to leave his position not until a replacement is available to exercise his functions? Ever heard or read of that? Justice Puno need not resign, he will just have to extend it. This wont violate the constitution because under administrative law, such extension is allowed so as to prevent a vaccum in the government. no need for a midnight appointment. CJ Puno will just have to extend. case solved The issue is not that so big. He does not need to resign on his birthday but he may have to extend it until his the proper appointing authority may choose a successor. if you may recall your political law, it is provided that a government official of employee may not be allowed to leave his position not until a replacement is available to exercise his functions? Ever heard or read of that? Justice Puno need not resign, he will just have to extend it. This wont violate the constitution because under administrative law, such extension is allowed so as to prevent a vaccum in the government.

no need for a midnight appointment. CJ Puno will just have to extend. case solved

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]]> By: dexter paul http://attyatwork.com/let-the-next-president-appoint-the-next-chief-justice/comment-page-1/#comment-25950 dexter paul Sat, 27 Feb 2010 09:30:01 +0000 http://attyatwork.com/?p=1172#comment-25950 Submitted, it would be great so that the other power would not have to influence this branch of government. but still, this would never be because i know that you guys would be the first one to oppose Constitutional Amendments through what ever name it may be constituted. Its a nice idea, but the probability for it to happen would never be because what you dream that would happen is very much unconstitutional. I love the thought, really i do. but its just not possible if you guys would always lead in the fight against constitutional change or amendments. Submitted, it would be great so that the other power would not have to influence this branch of government.

but still, this would never be because i know that you guys would be the first one to oppose Constitutional Amendments through what ever name it may be constituted.

Its a nice idea, but the probability for it to happen would never be because what you dream that would happen is very much unconstitutional.

I love the thought, really i do. but its just not possible if you guys would always lead in the fight against constitutional change or amendments.

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]]> By: ojo http://attyatwork.com/let-the-next-president-appoint-the-next-chief-justice/comment-page-1/#comment-25629 ojo Wed, 17 Feb 2010 13:01:13 +0000 http://attyatwork.com/?p=1172#comment-25629 Can CJ Puno then extend his term until June 30, 2010? I guess, in that way, there won't be any problems. Can CJ Puno then extend his term until June 30, 2010? I guess, in that way, there won’t be any problems.

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]]> By: Atty.Fred http://attyatwork.com/let-the-next-president-appoint-the-next-chief-justice/comment-page-1/#comment-25627 Atty.Fred Wed, 17 Feb 2010 12:20:27 +0000 http://attyatwork.com/?p=1172#comment-25627 Ojo, you may want to check the provision of Section 11, Article VIII of the Constitution, which provides that "[t]he Members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reach the age of seventy years..." Here's the full text. http://jlp-law.com/blog/1987-constitution-article-viii-judicial-department/ Ojo, you may want to check the provision of Section 11, Article VIII of the Constitution, which provides that “[t]he Members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reach the age of seventy years…” Here’s the full text.

http://jlp-law.com/blog/1987-constitution-article-viii-judicial-department/

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]]> By: ojo http://attyatwork.com/let-the-next-president-appoint-the-next-chief-justice/comment-page-1/#comment-25625 ojo Wed, 17 Feb 2010 10:08:47 +0000 http://attyatwork.com/?p=1172#comment-25625 just a clarificatory question (since I didnt take Consti 1 last sem due to some problems), is it mandatory that a SC Chief Justice should resign on his 70th birthday? In the case of CJ Puno, his 70th birthday is on May 17, 2010, which will also be the date that he will retire. Is this just a coincidence or is it mandatory? just a clarificatory question (since I didnt take Consti 1 last sem due to some problems), is it mandatory that a SC Chief Justice should resign on his 70th birthday? In the case of CJ Puno, his 70th birthday is on May 17, 2010, which will also be the date that he will retire. Is this just a coincidence or is it mandatory?

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