Beruflich Dokumente
Kultur Dokumente
CAPTION: I02 BRILLANTES V. YORAC
COMMON PROVISIONS
ISSUE:
1. W/N the President may designate the Acting Chairman of
CAPTION: I00 Cayetano v. Monsod 1991 the COMELEC
- in the absence of the regular Chairman.
CONCEPTS
RULING:
Practice of law means any activity, in or out of court, which 1. No
requires the application of law, legal procedure, knowledge, - The Constitution expressly describes all the
training and experience. Constitutional Commissions as “independent.”
- They are not under the control of the
ISSUE: President of the Philippines in the discharge
of their respective functions.
1. The issue in the case was whether or not the respondent
- Each of these Commissions conducts its own
Monsod, a lawyer, was qualified for appointment as Chair of
proceedings under the applicable laws and its own
the Commission on Elections (COMELEC), since Art. IX-C, Sec. rules and in the exercise of its own discretion.
1[1] of the 1987 Constitution requires that, inter alia, a majority - The choice of a temporary chairman in the
of the COMELEC, “including the Chairman, shall be members absence of the regular chairman comes
of the Philippine Bar who have been engaged in the practice under that discretion.
of law for at least ten years”. - Its decisions, orders and rulings are
subject only to review on
RULING: certiorari by this Court as
1. The Court, thru Justice Paras, stated that there “seems to be provided by the Constitution.
- Further: That discretion cannot be
no jurisprudence as to what constitutes practice of law as a
exercised for it, even with its consent, by
legal qualification to an appointive office” (at p.212),
the President of the Philippines.
determined that the practice of law is not limited to the
conduct of cases in court (at pp. 216-217) and pursuant
ARTICLE IX
thereto, found that Monsod was qualified for appointment as
C. THE COMMISSION ON ELECTIONS Section 1. (2)
COMELEC
- “Interpreted in the light of the various definitions of
Appointment to any vacancy shall be only for the unexpired
the term „practice of law‟, particularly the modern
term of the predecessor. In no case shall any Member be
concept of law practice, and taking into
appointed or designated in a temporary or acting capacity.
consideration the liberal construction intended by
the framers of the Constitution, Atty. Monsod‟s past
work experiences as lawyer-economist, a
lawyer-manager, a lawyer-entrepreneur of industry, TYPE OF APPOINTMENTS
a lawyer-negotiator of contracts, and a
lawyer-legislator of both the rich and the poor –
REGULAR AD-INTERIM APPOINTMENTS IN
verily more than satisfy the constitutional
requirement – that he has been engaged in the APPOINTMENTS APPOINTMENTS OR AN ACTING CAPACITY
practice of law for at least ten years.” RECESS
- lawyers when they teach law are considered APPOINTMENTS
engaged in the practice of law (within the exclusive
list)
• ASTERIES CASES: CONSTITUTIONAL COMMISSIONS
- while Section 13, Article VII is meant to be DE JURE OFFICER v. DE FACTO OFFICER
the exception applicable only to the
President, the Vice-President, Members of A de jure officer is one who is deemed, in all respects, legally
the Cabinet, their deputies and assistants. appointed and qualified and whose term of office has not
- RATIO: Section 14, Chapter 3, Title I-A, Book expired WHILE A de facto officer is one who derives his
V of EO 292 is clear that the CSC appointment from one having colorable authority to appoint,
Chairman’s membership in a governing if the office is an appointive office, and whose appointment is
body is dependent on the condition that valid on its face.
the functions of the government entity
where he will sit as its Board member must As to validity, the acts of the de facto officer are just as valid
affect the career development, for all purposes as those of a de jure officer, in so far as the
employment status, rights, privileges, and public or third persons who are interested therein are
welfare of government officials and concerned.
employees.
- RATIO 1: However, there is a need to
determine further whether Duque’s
designation as Board member of the GSIS,
CAPTION: General v Roco
PHILHEALTH, ECC and HDMF is in
accordance with the 1987 Constitution
and the condition laid down in Section 14, ISSUE:
Chapter 3, Title I-A, Book V of EO 292. 1. Whether or not a CES eligibility is sufficient to acquire
- The Court also notes that Duque’s security of tenure or are both requisites required?
designation as member of the - petitioners in G.R. No. 143524 and G.R. No. 143366,
governing Boards of the GSIS, claim that CES eligibility alone will not suffice.
PHILHEALTH, ECC and HDMF Petitioners contended that unless and until an
entitles him to receive per diem, a employee in the career executive service is
form of additional compensation appointed to the appropriate CES rank, he acquires
that is disallowed by the concept no security of tenure. The petitions are impressed
of an ex officio position by virtue with merit.
of its clear contravention of the
proscription set by Section 2, RULING:
Article IX-A of the 1987 1. DECISION: No, both requisites are required
Constitution. This situation goes - RATIO: As clearly set forth in the foregoing provisions,
against the principle behind an ex two requisites must concur in order that an
officio position, and must, employee in the career executive service may
therefore, be held attain security of tenure, to wit:
unconstitutional. - a) CES eligibility; and
- RATIO: Undoubtedly, the GSIS, PHILHEALTH, - b) Appointment to the appropriate CES rank.
ECC and HDMF and the members of their
respective governing Boards are under the * acquisition of security of tenure presupposes a permanent
control of the President. As such, the CSC appointment.
Chairman cannot be a member of a
government entity that is under the control
of the President without impairing the
independence vested in the CSC by the CAPTION: CSC v SALAS
1987 Constitution.
2. ISSUE:
1. Whether or not Salas is a confidential employee.
Section 1 and Section 2, Article IX-A of the 1987 Constitution
RULING:
Section 1. The Constitutional Commissions, which shall be 1. DECISION: No, Salas is not a confidential employee
independent, are the Civil Service Commission, the - RATIO DECIDENDI: It is the nature of the position
Commission on Elections, and the Commission on Audit. which finally determines whether a position is
- primarily confidential,
Section 2. No member of a Constitutional Commission shall, - policy-determining or
during his tenure, hold any other office or employment. - highly technical.
Neither shall he engage in the practice of any profession or in - The occupant of a particular position could be
the active management or control of any business which, in considered a confidential employee if t
any way, may be affected by the functions of his office, nor - The predominant reason why he was
shall he be financially interested, directly or indirectly, in any chosen by the appointing authority was
contract with, or in any franchise or privilege granted by the the latter’s belief that he can share a close
Government, any of its subdivisions, agencies, or relationship with the occupant.
instrumentalities, including government-owned or controlled - Where the position occupied is remote
corporations or their subsidiaries from that of the appointing authority, the
element of trust between them is no longer
predominant
• ASTERIES CASES: CONSTITUTIONAL COMMISSIONS
CAPTION: Domingo v Zamora
ISSUE:
CAPTION: Office of the ombudsman v CSC 1. Whether EO 81 and the DECS Memoranda are invalid as
the petitioner claim
ISSUE: - Executive Order No. 813 (EO 81 for brevity) entitled
1. Whether or not de Jesus’ appointment may be properly Transferring the Sports Programs and Activities of the
changed from temporary status to permanent despite Department of Education, Culture and Sports to the
non-compliance with the eligibility requirement for the Philippine Sports Commission and Defining the Role
position of Graft Investigation Officer III. of DECS in School-Based Sports.
- Memorandum No. 01592 temporarily reassigned, in
RULING: the exigency of the service, all remaining BPESS Staff
1. Yes, it may despite the assailed non-compliance. to other divisions or bureaus of the DECS effective
- RATIO: Under P.D.No. 807, Section 9(h) which March 15, 2000.
authorizes the CSC to approve appointments to - On January 21, 2000, Secretary Gonzales issued
positions in the civil service, except those specified Memorandum No. 01594 reassigning the BPESS
therein, its au./,’/.,thority is limited only to (BUREAU OF PHYSICAL EDUCATION AND SCHOOL
- whether or not the appointee possesses SPORTS) staff named in the Memorandum to various
the legal qualifications offices within the DECS effective March 15, 2000.
- and the appropriate eligibility, nothing else. - Petitioners were among the BPESS personnel
- Third level eligibility is not required for third affected by Memorandum No. 01594. Dissatisfied
level officials appointed by the with their reassignment, petitioners filed the instant
Ombudsman in light of the provisions of the petition.
Constitution vis a vis the Administrative
Code of 1987. RULING:
1. DECISION: Petition Dismissed
- We dismiss this petition for being moot and
academic. As manifested by both petitioners and
respondents, the subsequent enactment of RA 9155
CAPTION: Vistan v. Nicolas has rendered the issues in the present case moot
and academic.
ISSUE: - Since RA 9155 (2001) abolished the BPESS and
1. Whether or not there is a violation committed by transferred the DECS functions relating to sports
respondent judge engaged in electioneering while still an competition to the PSC (Philippine Sports
MTC judge. Commission), petitioners now admit that it is no
- respondent Ruben Nicolas started circulating longer plausible to raise any ultra vires assumption by
handbills/letters addressed to electoral constitutents the PSC of the functions of the BPESS.
in the second district of Bulacan indicating his - Moreover, since RA 9155 provides that BPESS
intention to run for a congressional seat. personnel not transferred to the PSC shall be retained
by the DECS, petitioners now accept that the law
RULING: explicitly protects and preserves their right to
1. DECISION: Yes, there is a violation security of tenure.
- RATIO DECIDENDI: For having held himself out as a
congressional candidate while still a member of the
Bench, respondent took advantage of his position to
boost his candidacy, demeaned the statude of his
office, and must be pronounced guilty of gross
CAPTION: OP v Buenaobra
misconduct, a clear violation of Rule 5.10, Canon 5,
of the Code of Judicial Conduct.
ISSUE:
1. Whether or not respondent being a presidential appointee
and a holder of a non-career service position could be
removed from service at the pleasure of the President.
RULING:
1. DECISION: No
- RATIO DECIDENDI: Non-career service personnel
enjoy security of tenure. They may not be removed
without just cause and observance of due process.
• ASTERIES CASES: CONSTITUTIONAL COMMISSIONS
FACT
- Rufino Nuñez assailed the validity of P.D. 1486
CAPTION: DBP v. COA GR 88435
creating the Sandiganbayan as amended by P.D.
1606.
ISSUE: - He was accused before the Sandiganbayan for
1. Whether or not the Constitution vests in the COA the sole estafa through falsification of public documents
and exclusive power to examine and audit government committed in connivance with his other
banks so as to prohibit concurrent audit by private external co-accused, all public officials, in several cases.
auditors under any circumstance
ISSUE:
RULING: 1. Whether or not the creation of Sandiganbayan violates
1. No. COA does not have the sole and exclusive power to equal protection insofar as appeals would be concerned.
examine and audit government banks so as to prohibit
concurrent audit by private external auditors under any RULING:
circumstance. 1. No. The creation of the Sandiganbayan does not violate
- private external auditors may examine and audit as equal protection insofar as appeals would be concerned.
well, no prohibition - The Constitution specifically makes mention of the
- The clear and unmistakable conclusion creation of a special court, the Sandiganbayan,
from a reading of the entire Section 2, - precisely in response to a problem, the
Article IX-D is that the COA's power to urgency of which cannot be denied,
examine and audit is non-exclusive. namely, dishonesty in the public service.
- On the other hand, the COA's authority to
define the scope of its audit, promulgate
auditing rules and regulations, and disallow
-
unnecessary expenditures is exclusive.
As the constitutionally mandated auditor of
OMBUDSMAN
all government agencies, the COA's
findings and conclusions necessarily
CAPTION: Roxas v. Vasquez
prevail over those of private auditors,
- at least insofar as government
ISSUE:
agencies and officials are
1. Whether or not the Court may review or interfere with the
concerned.
prosecutorial prerogative of the Ombudsman.
- The mere fact that private auditors may
audit government agencies does not
divest the COA of its power to examine RULING:
and audit the same government agencies. 1. Yes. The Court may interfere with the prosecutorial
The COA is neither by-passed nor ignored prerogative of the Ombudsman.
since even with a private audit the COA - GENERALLY THE COURT WILL NOT INTERFERE
will still conduct its usual examination and - the case at bar falls under one of the recognized
audit, and its findings and conclusions will exceptions to this rule, more specifically, the
still bind government agencies and their constitutional rights of the accused are impaired and
officials. the charges are manifestly false.
- A concurrent private audit poses no - In cases where the Ombudsman and the
danger whatsoever of public funds or Special Prosecutor were unable to agree
assets escaping the usual scrutiny of a COA on whether or not probable cause exists,
audit. the Court may interfere with the findings
and conclusions.
Section 2, Article IX-D
• ASTERIES CASES: CONSTITUTIONAL COMMISSIONS
CAPTION: People v. Velez
CAPTION: Ombudsman v. Madriaga
FACTS:
1. Ignacio Salmingo filed an affidavit-criminal complaint with ISSUE:
the Office of the Ombudsman against Edwin Velez, mayor of 1. Whether or not the Office of the Ombudsman has the
Silay City, et al. for violation of R.A. 3019. authority to impose administrative sanctions over public
2. After finding probable cause, Ombudsman recommended officials.
the filing of information against the malefactors.
3. Velez filed with the Sandiganbayan a joint motion for RULING:
reconsideration which was granted. 1. Yes. The Office of the Ombudsman has the authority to
impose administrative sanctions over public officials.
ISSUE: - ARTICLE XI Section 13 (1). The Office of the
1. Whether or not the Sandiganbayan violated Section 27 of Ombudsman shall have the following powers,
Republic Act 6770 when it treated the "Joint Motion for functions, and duties: Investigate on its own, or on
Reconsideration/ Reinvestigation" of Velez as a motion for complaint by any person, any act or omission of any
reconsideration under Section 27 of Republic Act 6770 and public official, employee, office or agency, when
when it granted the "Motion.. such act or omission appears to be illegal, unjust,
improper, or inefficient.
RULING: - ARTICLE XI Section 13 (3) DIrect the officer
1. No. The Sandiganbayan did not violate R.A. 6770 or AN ACT concerned to take appropriate action against a
PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL public official or employee at fault, and recommend
ORGANIZATION OF THE OFFICE OF THE OMBUDSMAN, AND his removal, suspension, demotion, fine, censure, or
FOR OTHER PURPOSES. prosecution, and ensure compliance therewith.
- Records show that when the Office of the - In fine, the Ombudsman's authority to impose
Ombudsman approved the resolution prepared by administrative penalty and enforce compliance
the Graft Investigator, the Information was filed therewith is not merely recommendatory. It is
prematurely against the respondents. mandatory within the bounds of the law.
- The Office of the Ombudsman must have realized - The implementation of the order imposing
this when Velez et al. filed with the Sandiganbayan the penalty is, however, to be coursed
their Joint Motion for Reconsideration through the proper officer. (which
in
/Reinvestigation and thus agreed to treat the Motion
as a motion for reconsideration under Sec 27 of RA this case would be the head of the
6770. BID.)
- By its agreement, the Office of the Ombudsman
merely corrected itself when it denied the motion for
reconsideration/reinvestigation filed by Velez with
the Office of the Ombudsman on the sole ground
that the Information had already been filed with the
Sandiganbayan. CAPTION: Caoibes v. Ombudsman
- The Office of the Ombudsman is vested under the
Constitution with investigatory and prosecutorial FACTS:
powers. Said office, through the Special Prosecutor, 1. Judge Jose Caoibes, Jr. and Florentino Alumbres were
has direct control over the prosecution of the case. embroiled in an altercation resulting to the latter filing before
The Office of the Ombudsman merely exercised its the Office of the Ombudsman a criminal complaint for
investigatory and prosecutorial powers. physical injuries, malicious mischief and assault upon a person
in authority against the former.
2. Alumbres also filed an administrative case against Caoibes
with the Supreme Court.
CAPTION: Ledesma v. CA
ISSUE:
1. Whether or not the Office of the Ombudsman should defer
ISSUE: action on the criminal complaint pending resolution of the
1. Whether or not the Ombudsman has encroached into the Supreme Court for appropriate action
power of the Bureau of Immigration over immigration matters.
RULING:
RULING: 1. Yes,
1. No. The Ombudsman has not encroached into the power - Under Section C, Article VIII of the Constitution, it is
of the Bureau of Immigration over immigration matters. the Supreme Court which is vested with exclusive
- The creation of the Office of the Ombudsman is a administrative supervision over all courts and its
unique feature of the 1987 Constitution. personnel.
- The Ombudsman and his deputies, as protectors of - The Ombudsman cannot determine for
the people, are mandated to act promptly on itself and by itself whether a crminal
complaints filed in any form or manner against complaint against a judge, or court
officers or employees of the government, or any of employee, involves administrative matter.
its subdivisions, agency or instrumentality.
• ASTERIES CASES: CONSTITUTIONAL COMMISSIONS