Corona’s “Midnight” Appointment: Legal or not?
January 19, 2012 · by Teki · in Government, Personal Musings, Philippines, Politics Note: This blog is composed of 3 pages for easier reading. These days as the local news media is rife with stories of the impeachment trial of Chief Justice Renato Corona, people often hear the sentiment and impassioned opinion of a lot of our countrymen that the midnight appointment of SC Chief Justice Renato Corona was unconstitutional. In my previous blog entry, i shared the view that Filipinos mostly allow themselves to be dictated upon by political and institutional forces. There is no harm in believing in these institutions. So long as the Filipino arrives at a fully informed choice, where he weighs pros and cons, listens to both approving and dissenting voices and opinions, and from there decide on his own. We have to go against this cultural mentality that being mediocre is enough, that run-of-the-mill thinking is a “happier” (and less stressful) alternative than pursuing knowledge. We have to raise the bar of our collective consciousness as a nation.
What Does The Constitution Say?
Article VII, Section 15: No Midnight Appointments
The argument made by people that Corona’s appointment as Chief Justice was unconstitutional makes reference to Article VII, Section 15 of the Constitution. It must be noted that Article VII of the Constitution touches on the roles, responsibilities and duties of the Executive branch of the government, headed by the President. Sections 14, 15 and 16 cover rules governing how the President makes appointments. To quote from the 1987 Constitution: Section 14. Appointments extended by an Acting President shall remain effective, unless revoked by the elected President, within ninety days from his assumption or reassumption of office. Section 15. Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make...
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