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Arturo M. De Castro Vs. Judicial and Bar Council, et al. [SEPARATE OPINION, J. BRION]

ARTURO M. DE CASTRO, Petitioner, versus JUDICIAL AND BAR COUNCIL (JBC) and PRESIDENT GLORIA MACAPAGAL – ARROYO, Respondents. [SEPARATE OPINION, J. BRION]

G.R. No. 191002 | 2010-03-17

SEPARATE OPINION

BRION, J.:


I AGREE with the conclusion that the President can appoint the Chief Justice and Members of the Supreme Court two months before a presidential election up to the end of the President's term, but DISAGREE with the conclusion that the authority to appoint extends to the whole Judiciary.

I. Prefatory Statement

The debate, in and out of this Court, on the issues these consolidated cases pose, have been differently described to be at varying levels of severity and intensity. What we in Court do know is the multiplicity of petitions and interventions filed, generating arguments of varying shades of validity. Sad but true,...