Chavez vs JBC, et al., G.R. No.

202242, July 17, 2012

FACTS:

There is an extreme urgency in the process of selecting the nominees for the vacant seat of the
Chief Justice. With the fusion of the executive and legislative power under the 1973 Constitution the
appointment of the judges and justices was no longer subject to the scrutiny of another body. Grounds
for Allowance to composition of JBC have been presented. The solemn duty and power of the Court to
interpret and apply the law does not include the power to correct, by reading into the law what is not
written therein.

ISSUE:

Whether or not the current practice the JBC having eight (8) members, 2 of whom are members
of the Congress, contrary to the content of the 1987 Constitution is illegal and unconstitutional

HELD:

YES. The petition is granted. The current numerical composition of the JBC is declared
unconstitutional. JBC is enjoined to reconstitute itself in accordance with Sec. 8 Article VIII of the 1987
Constitution and shall be executed immediately.