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Re: Memorandum Dated July 10, 2017 From Associate Justice Teresita J. Leonardo-De Castro [SEPARATE OPINION, CAGUIOA, J.]

RE: MEMORANDUM DATED JULY 10, 2017 FROM ASSOCIATE JUSTICE TERESITA J. LEONARDO-DE CASTRO [A.M. No. 18-02-13-SC] RE: LETTER OF RESIGNATION OF ATTY. BRENDA JAY ANGELES MENDOZA, PHILJA CHIEF OF OFFICE FOR THE PHILIPPINE MEDIATION CENTER

A.M. No. 17-07-05-SC | 2018-07-03

SEPARATE OPINION

CAGUIOA, J.:

At the outset, it may be advisable to clarify the Court's power of appointment of court officials and employees.

Justice Teresita J. Leonardo-De Castro has posited that Article VIII, Section 5, paragraph 6 of the 1987 Constitution is cited as vesting upon the Supreme Court the power to appoint all officials and employees of the Judiciary in accordance with the Civil Service Laws. She asserts further that: "Hence, unless duly delegated by Court resolution, the power to appoint court officials and employees can only be exercised by the Court en banc."[1]

It is not disputed that the Court adopted...