Case Digest (G.R. No. 17539)
Facts:
The Honorable Pedro Concepcion, Judge of the Court of First Instance, petitioner, v. The Honorable Quintin Paredes, Secretary of Justice, respondent; G.R. No. 17539. December 23, 1921. The Supreme Court En Banc. Malcolm, J., writing for the Court.
Early in March 1921 the Secretary of Justice summoned all judges of the Courts of First Instance to Manila to participate in a planned "drawing of lots" that would determine exchanges of judicial districts pursuant to the second paragraph of Section 148 of the Administrative Code as amended by Act No. 2941. Prominent members of the Philippine bar challenged the proposed judicial lottery and the validity of Act No. 2941. The petitioner, Judge Pedro Concepcion (then judge of the Court of First Instance for the Ninth Judicial District, Manila), sought relief to prevent the drawing of lots and to have the challenged provision declared unconstitutional.
A preliminary injunction pendente lite restraining the Secretary of Justice from holding or carrying into effect the drawing of lots was issued by Malcolm, J., the writer of the opinion. The Secretary of Justice and the Attorney-General resisted; two extended public hearings were held and ten briefs were filed. The questions raised included several constitutional objections to the statute, but the Court confined its decision to a single, dispositive constitutional question concerning the validity of the second paragraph of Section 148, Administrative Code, as superseded by Act No. 2941.
The contested paragraph provided that, on March 15, 1921 and every five years thereafter, judges of first instance with the same salaries shall exchange judicial districts by lot, with the mandatory rule that no judge shall continue to serve in the district in which he had served during the last five years. The Court examined the Organic Act (the Acts of the Congress of the United States extended to the Philippines, especially the Act of August 29, 1916), provisions vesting appointment power in the Governor-General with the advice and consent of the Philippine Senate, and prior Philippine precedents concerning judicial offices and appointment. The Court concluded the lottery provision conf...(Pro-only)
Issues:
- Is the second paragraph of Section 148 of the Administrative Code, as superseded by Act No. 2941, valid under the Organic Act (Act of Congress of August 29, 1916), insofar as it mandates a drawing of lots to exchange judges of first instance among judicial distric...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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