In Re Manzano Digest

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

In Re Manzano application, it cannot justify a member of the

judiciary being required to assume a position or


Act: Judge Manzano was designated as a perform a duty non-judicial in character. That is
member of the Ilocos Norte Provincial implicit in the principle. Otherwise there is a
Committee on Justice by the governor of Ilocos plain departure from its command. The essence
Norte, thus he requested the Supreme Court for of the trust reposed in him is to decide. Only a
higher court, as was emphasized by Justice
the following:
Barredo, can pass on his actuation. He is not a
subordinate of an executive or legislative
(1) Authorization to accept the appointment and official, however eminent. It is indispensable
to as assume and discharge the powers and that there be no exception to the rigidity of such
duties attached to the said position; a norm if he is, as expected, to be confined to
the task of adjudication. Fidelity to his sworn
(2) Consideration of his membership in the responsibility no less than the maintenance of
Committee as neither violative of the respect for the judiciary can be satisfied with
Independence of the Judiciary nor a violation of nothing less.
Section 12, Article VIII, or of the second
paragraph of Section .7, Article IX (B), both of ACCORDINGLY, the aforesaid request of
the Constitution, and will not in any way Judge Rodolfo U. Manzano is DENIED.
amount to an abandonment of his present
position as Executive Judge of Branch XIX,
Regional Trial Court, First Judicial Region, and
as a member of the Judiciary; and

(3) Consideration of his membership in the said


Committee as part of the primary functions of
an Executive Judge.

Ruling: Under the Constitution, the members of


the Supreme Court and other courts established
by law shall not be designated to any agency
performing quasi- judicial or administrative
functions (Section 12, Art. VIII, Constitution).

Considering that membership of Judge Manzano


in the Ilocos Norte Provincial Committee on
Justice, which discharges a administrative
functions, will be in violation of the
Constitution, the Court is constrained to deny
his request.

Former Chief Justice Enrique M. Fernando in


his concurring opinion in the case of Garcia vs.
Macaraig (39 SCRA 106) ably sets forth:

2. While the doctrine of separation of powers is


a relative theory not to be enforced with
pedantic rigor, the practical demands of
government precluding its doctrinaire

You might also like