"Re:
Appointments
to Vacant Positions in the Judiciary. — Before Us is a letter of
the
Presiding Justice of the Court of Appeals inquiring as to the
interpretation
of Article VIII, Section 5[6] of the 1987 Constitution and suggesting
that
the Court of Appeals be allowed, until otherwise directed, to continue
appointing its own officials and employees in accordance with its
internal
rules as approved by this Court.
"The
apparent reason
for the letter is that, whereas the old charter empowered the Supreme
Court
to appoint only 'its officials and employees in accordance with the
Civil Service Law', the New Constitution has widened that authority
to cover 'all officials and employees of the Judiciary',
including
the Court of Appeals and all the other lower Courts.
"The Court
declares
that in consequence of this modification, it is no longer possible for
the Court of Appeals, Sandiganbayan and the Court of Tax Appeals to
continue
appointing its own personnel pursuant to its internal rules.
Henceforth,
the appointment of all their officials and employees shall be made
directly
and exclusively by this Court, as in the case of all the other lower
courts,
conformably to the new provision.
"The power
of appointment
is a highly discretionary prerogative that may generally not be
delegated
by the authority in whom confidence has been reposed by the law for its
proper exercise. That principle shall be strictly observed by the Court
in keeping with the aforesaid constitutional provision.
"The Court
realizes
that in view of the considerable number of officials and employees in
the
judicial department, it is likely that there will be some
administrative
difficulty in the processing of their appointments. To expedite and
minimize
the same, the following rules are laid down for the observance of all
concerned:
"[1]
Recommendation
for appointment of Court personnel in all collegiate courts shall be
submitted
to the Supreme Court by the members thereof, through their respective
Presiding
Justices/Judges, insofar as they involve their respective office
staffs.
"Recommendations
to all other positions in the aforesaid courts shall be made by the
respective
Presiding Justices/Judges.
"[2]
Recommendations
for appointments of court personnel in all other Courts shall be
submitted
to the Supreme Court by the Presiding Judges thereof, through their
respective
Executive Judges, insofar as they involve their respective
branches.
"Recommendations
to all other positions shall be made by the Executive Judges
concerned.
"[3] The
Court Administrator
shall process every recommendation and within fifteen (15) days from
receipt
thereof, submit his report and recommendation thereon to the Court for
its consideration en banc.
"[4] After
deliberation,
this Court shall, by resolution, either appoint the person recommended
to the position indicated, effective upon the specified date, or reject
the recommendation. Preference in the appointments shall be given to
the
recommendee of the member of the collegiate Court or of the Presiding
Judge,
as the case may be, insofar as his staff or Court is concerned. The
recommending
Justice/Judge is charged with the primary responsibility of determining
that his recommendees have the required qualifications.
"[5] In
case of appointments
in the collegiate Courts, copies of the Resolution shall be furnished
the
Presiding Justice/Judge and the Court Administrator; and in case of
appointments
for the other lower Courts, only the Court Administrator shall be
furnished
such copies. The Presiding Justice/Judge or the Court Administrator, as
the case may be, shall thereupon issue to the appointee the
corresponding
commission evidencing the appointment.
"[6] The
appointee
may then take his oath of office and assume the discharge of his
duties.
"The
commission is
only the evidence of the appointment and the execution and delivery
thereof
may be entrusted to the above-mentioned officials as a merely
ministerial
function. It is the exercise of the power of appointment over Court
personnel
that may not be done now except only by the Supreme Court itself,
conformably
with the new Constitution.
"[7] No
Justice/Judge
shall allow his recommendee to assume the duties of the position to
which
he is recommended for appointment before the issuance of his
appointment
except in meritorious cases and with the prior approval of the Chief
Justice.cralaw:red
"[8] For
purposes
of the Civil Service Law, the commission shall serve as the appointment
paper of the appointee and copy thereof shall then be forwarded to the
Civil Service Commission together with all other supporting
papers.
"9. All
resignations
from office shall be submitted to the Supreme Court.
"The Court
of Appeals
is directed to amend Section 13, Rule 1 of its Internal rules in
accordance
with this Resolution and to submit the corresponding amendment to this
Court."
