SC CIRCULAR NO. 7, April 27, 1987

For the information and guidance of all concerned, quoted
hereunder is the Resolution of the Court En Banc, dated until 9, 1987 in
“Re: Appointments of Vacant Positions in the Judiciary”:

“Re: Appointments to Vacant Positions in the Judiciary – Before
us is a letter of the 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 are 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’, 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 the 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 of 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 Justice/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 Judge
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 be resolution either
appoint the person recommended to the position indicated, effective
upon the specified date, or reject the recommendation. Preference in the
appointment 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.

“8. For purpose of 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.”

Strict compliance herewith is hereby enjoined.

April 27, 1987.