Consti Reviewer
Consti Reviewer
Consti Reviewer
A:
LEGISLATIVE POWER (a) No, the failure of congress to pass the budget will
not paralyze the operations of the Government.
Bar Question
Q: Are the following bills filed in Congress Section 25(7), Article VI of the Constitution
constitutional? provides:
(a) A bill originating from the Senate,
which provides for the creation of the “If, by the end of any fiscal year, the
Public Utility Commission to regulate Congress shall have failed to pass the general
public service companies and appropriations bill for the ensuing fiscal year, the
appropriating the initial funds needed general appropriations law for the preceding
to establish the same. Explain. fiscal year shall be deemed reenacted and shall
(b) A bill creating a joint legislative- remain in force and effect until the general
executive commission to give, on appropriations bill is passed by the Congress.
behalf of the Senate, its advice, (b) Yes, the provision authorizing the Chief of Staff,
consent and concurrence to treaties with the approval of the Secretary of National
entered into by the President. The Defense, to use savings to cover the losses
bill contains the guidelines to be suffered by the AFP Retirement and Separation
followed by the commission in the Benefits System is unconstitutional.
discharge of its functions. Explain.
Section 25(5), Article VI of the Constitution
A: provides:
(a) A bill providing for the creation of the
Public Utility Commission to regulate “No law shall be passed authorizing any
public service companies and transfer of appropriations; however, the
appropriating funds needed to establish President, the President of the Senate, the
it may originate from the Senate. It is Speaker of the House of Representatives, the
not an appropriation bill, because the Chief Justice of the Supreme Court, and the
appropriation of public funds is not the heads of Constitutional Commissions may, by
principal purpose of the bill. In law, be authorized to augment any item in the
Association of Small Landowner of the general appropriation law for their respective
Philippines, Inc. vs. Secretary of offices from savings in other items of their
Agrarian Reform, 175 SCRA 343, it was respective appropriations.”
held that a law is not an appropriation
measure if the appropriation of public In Philippine Constitution vs. Enriquez, 235
funds is not its principal purpose and the SCRA 506, 544, the Supreme Court held that a
appropriation is only incidental to some provision in the General Appropriation Act
other objective. authorizing the Chief of Staff to use savings to
(b) A bill creating a joint legislative- augment the funds or the AFP Retirement and
executive commission to give, on behalf Separation Benefits Systems was
of the Senate, its advice, consent and unconstitutional.
concurrence to treaties entered into by
the President is unconstitutional. The “While Section 25(5) allows as an exception
Senate cannot delegate this function to the realignment of savings to augment items in
such a commission, because under the general appropriations law for the executive
Section 21, Article VII of the branch, such right must and can be exercised
Constitution, the concurrence of at least only by the President pursuant to a specific law.”
two-thirds of Senate itself is required for
the ratification of treaties. Bar Question
Q: Explain how the automatic appropriation of public
funds for debt servicing can be reconciled with Article VI,
POWER OF APPROPRIATION Section 29(1) of the constitution. Said provision says that
“no money shall be paid out of the Treasury except in
Bar Question pursuance of an appropriation made by law”.
Q: Suppose the President submits a budget
which does not contain provisions for CDF A: As stated in Guingona vs Carague, 196 SCRA 221, the
(Countrywide Development Funds), popularly presidential decrees providing for the appropriation of funds to
pay the public debt do not violate Section 29(1), Article VI of
the Constitution. They provide for a continuing (a.4) All other officers of the government
appropriation, there is no constitutional prohibition whose appointments are not otherwise
against this. The presidential decrees appropriate as provided by law; and
much money as is needed to pay the principal, (a.5) Those whom he may be authorized by
interest, taxes and other normal banking charges on law to appoint.
the loan. Although no specific amounts are (b) According to Sarmiento vs. Mison, 156 SCRA
mentioned, the amounts are certain because they can 549, the only officers whose appointments need
be computed from the books of the national Treasury. confirmation by the Commission on
Appointments are the head of executive
Bar Question departments, ambassadors, other public
Q: Upon request of a group of overseas contract ministers and consuls, officers of the armed
workers in Brunei, Rev. Father Juan de la Cruz, a forces from the rank of colonel or naval captain,
Roman Catholic priest, was sent to that country and other officials whose appointments are
by the President of the Philippines to minister to vested in the President by the Constitution.
their spiritual needs. The travel expenses, per (c) Under Section 20, Article VII of the Constitution,
diems, clothing allowance and monthly stipend of the power of the President to contract or
P5, 000.00 were ordered charged against the guarantee loans on behalf of the Republic of the
President’s discretionary fund. Upon post audit Philippines is subject to the prior concurrence of
of the vouchers therefor, the Commission on the Monetary Board and subject to such
Audit refused approval thereof claiming that the limitations as may be prescribed by law.
expenditures were in violation of the Constitution. (d) According to Section 28(2), Article VI of the
Was the Commission on Audit correct in Constitution, Congress may, by law, authorize
disallowing the vouchers in question? the President to fix within specified limits, and
subject to such limitations and restrictions it may
A: Yes, the Commission on Audit was correct in impose, tariff rates, import and export quotas,
disallowing the expenditures, Section 29(2), Article VI tonnage and wharfage dues and other duties or
of the Constitution prohibits the expenditure of public imposts within the framework of the national
funds for the use, benefit or support of any priest. development program of the Government.
The only exception is when the priest is assigned to
the armed forces, or to any penal institution, or
government orphanage or leprosarium. The sending LEGAL STANDING
of a priest to minister to the spiritual needs of
overseas contract workers does not fall within the Bar Question
scope of any of the exceptions. Q: When the Marcos administration was toppled by the
revolutionary government, the Marcoses left behind
several Old Masters’ paintings and antique silverware said
APPOINTING POWER OF THE PRESIDENT to have been acquired by them as personal gifts.
Negotiations were then made with Ellen Layne of London
Bar Question for their disposition and sale at public auction. Later, the
Q: government entered in a “Consignment Agreement”
(a) What are the six categories of allowing Ellen Layne of London to auction off the subject
officials who are subject to the art pieces. Upon learning of the intended sale, well-known
appointing power of the President? artists, patrons and guardians of the arts of the
(b) Name the category or categories of Philippines filed a petition in court to enjoin the sale and
officials whose appointments need disposition of the valued items asserting that their cultural
confirmation by the Commission on significance must be preserved for the benefit of the
Appointments? Filipino people.
(c) What are the restrictions prescribed
by the Constitution on the power of (a) Can the court take cognizance of the case?
the President to contract or (b) What are the requisites for a taxpayer’s suit
guarantee foreign loans on behalf of to prosper?
the Republic of the Philippines?
Explain. A:
(d) What are the limitation/restriction (a) No, the court cannot take cognizance of the
provided by the Constitution on the case. As held in Joya vs. Presidential
power of Congress to authorize the Commission on Good Government, 225 SCRA
President to fix tariff rates, import 569, since the petitioners were not the legal
and export quotas, tonnage and owners of paintings and antique silverware, they
wharfage dues. Explain. had no standing to question their disposition.
Besides, the paintings and the antique silverware
A: did not constitute important cultural properties or
(a) Under Section 16, Article VII of the national cultural treasures, as they had no
Constitution, the six categories of exceptional historical and cultural significance to
officials who are subject to the the Philippines.
appointing power of the President are (b) According to Joya vs. Presidential Commission
the following: on Good government, 225 SCRA 568, for a
(a.1) Head of executive taxpayer’s suit to prosper, four requisites must be
departments; considered: (1) the question must be raised by
(a.2) Ambassadors, other public the proper party: (2) there must be an actual
ministers and consuls; controversy; (3) the question must be raised at
(a.3) Officers of the armed forces the earliest possible opportunity: and (4) the
from the rank of colonel or naval decision on the constitutional or legal question
captain; must be necessary to the determination of the
(a.3) Other officers whose case. In order that a taxpayer may have
appointments are vested in him by standing to challenge the legality of an official act
the Constitution; of the government, the act being questioned
must involve a disbursement of public funds upon
the theory that the expenditure of public funds for
an unconstitutional act is a
misapplication of such funds, which may A:
be enjoined at the instance of a (a) According to Section 1, Article VIII of the 1987
taxpayer. Constitution, judicial power is vested in one
Supreme Court and in such lower courts as may
be established by law. It includes the duty of the
JUDICIAL POWER courts of justice to settle actual controversies
involving rights which are legally demandable
Bar Question and enforceable, and to determine whether or not
Q: Judicial power as defined in Section 1, 2nd par., there has been a grave abuse of discretion
Article VIII, 1987 Constitution, now “includes the amounting to lack or excess of jurisdiction on the
duty of the Courts of Justice to settle actual part of any branch or instrumentality of the
controversies involving rights which are legally Government.
demandable and enforceable, and to determine (b) No, the motion should not be granted. Section
whether or not there has been a grave abuse of 15(4), Article VIII of the 1987 Constitution
amounting to lack of excess of jurisdiction on the provides:
part of any branch or instrumentality of the
Government.” This definition is said to have “Despite the expiration of the applicable
expanded the power of the judiciary to include mandatory period, the court, without
political questions formerly beyond its prejudice to such responsibility as may have
jurisdiction. been incurred in consequence thereof, shall
(a) Do you agree with such as decide or resolve the case or matter
interpretation of the constitutional submitted thereto for determination, without
definition of judicial power that further delay.”
would authorize the courts to review
and, if warranted, reverse the
exercise of discretion by the political POWER OF LEGISLATIVE INVESTIGATION
departments (executive and
legislative) of the government, Bar Question
including the Constitutional Q:
Commissions? Discuss fully. A case was filed before the Sandiganbayan
(b) In your opinion, how should such regarding a questionable government transaction. In the
definition be construed so as not to course of the proceedings, newspaper linked the name of
erode considerably or disregard Senator J. de Leon to the scandal.
entirely the existing “political Senator de Leon took the floor of the Senate to
question” doctrine? Discuss fully. speak on a “matter of personal privilege” to vindicate his
honor against those “baseless and malicious” allegations.
A: The matter was referred to the Committee on
Accountability of Public Officers, which proceeded to
(a) Yes, the second paragraph of Section 1, conduct a legislative inquiry. The Committee asked Mr.
Article VIII of the 1987 Constitution has Vince Ledesma, a businessman linked to the transaction
expanded the power of the judiciary to and now a respondent before the Sandiganbayan, to
include political questions. This was not appear and to testify before the Committee.
found in the 1935 and the 1973 Mr. Ledesma refuses to appear and file suit before
Constitution. Precisely, the framers of the Supreme Court to challenge the legality of the
the 1987 constitution intended to widen proceedings before the Committee. He also asks whether
the scope of judicial review. the Committee had the power to require him to testify.
(b) As pointed out in Marcos vs. Identify the issues involved and resolve them.
Manglapus, 177 SCRA 668, so as not to
disregard entirely the political question A:
doctrine, the extent of judicial review The issues involved in this case are the following:
when political questions are involved (a) Whether or not the Supreme court has
should be limited to a determination of jurisdiction to entertain the case;
whether or not there has been a grave (b) Whether or not the Committee on
abuse of discretion amounting to lack or Accountability of Public Officers has the
excess of jurisdiction on the part of the power to investigate a matter which is
official whose act is being questioned. If involved in a case pending in court; and
grave abuse of discretion is not shown, (c) Whether or not the petitioner can invoke his
the courts should not substitute their right against self-incrimination.
judgment for that of the official
concerned and decide a matter which All these issues were resolved in the case of Bengzon
by its nature or by law is for the latter vs. Senate Blue Ribbon Committee, 203 SCRA 767.
alone to decide.
The Supreme Court has jurisdiction over the case
Bar Question because it involves the question of whether or not the
Q: Committee on Accountability of Public Officers has the power
(a) Where is judicial power vested? to conduct the investigation. Under Section 1, Article VIII of
What are included in such power? the Constitution, judicial power includes the duty of the courts
(b) Despite the lapse of 4 months from to determine whether or not any branch of the government is
the time that the trial was terminated acting with grave of abuse of discretion amounting to lack of
and the case submitted for decision, jurisdiction.
the trial court failed to decide the
case. The defense counsel moved to The Committee on Accountability of Public Officers
dismiss the case on the ground that has no power to investigate the scandal. Since the scandal is
after the lapse of 90 days, the court involved in a case pending in court, the investigation will
had lost jurisdiction to decide the encroach upon the exclusive domain of the court. To allow the
case. Should the motion be investigation will create the possibility of conflicting judgments
granted? between the committee and the court. If the decision of the
committee were reached before e that of the court, it 5. A professor of law;
might influence the judgment of the court. 6. A retired Justice of the Supreme Court;
and
The petitioner can invoke his right against 7. A representative of the private sector.
self-incrimination, because this right is available in all (Section 8(1), Article VIII of the
proceedings. Since the petitioner is a respondent in Constitution)
the case pending before the Sandiganbayan, he may
refuse to testify. The term of office of the regular members is
four (4) years. (Section 8(2), Article VIII of
the Constitution)
EN BANC/DIVISION CASES
(d) Under Section 3, Article VIII of the Constitution,
Bar Question the fiscal autonomy of the Judiciary means that
Q: appropriations for the Judiciary may not be
(a) Enumerate the cases required by the reduced by the legislature below the amount
Constitution to be heard en banc by appropriated for the previous year and, after
the Supreme Court? approval, shall be automatically and regularly
(b) What does it mean when a Supreme released.
Court Justice concurs in a decision
pro hac vice? In Bengzon vs. Drilon, 208 SCRA 133, the
(c) What is the composition of the Supreme Court explained that fiscal autonomy
Judicial and Bar Council and the contemplates a guarantee of full flexibility to
term of office of its regular allocate and utilize resources with the wisdom
members? and dispatch that the needs require. It
(d) What do you understand by the recognizes the power and authority to deny,
mandate of the Constitution that the assess and collect fees, fix rates of
judiciary shall enjoy fiscal autonomy compensation not exceeding the highest rates
cite the constitutional provisions authorized by law for compensation and pay
calculated to bring about the plans of the government and allocate and
realization of the said constitutional disburse such sums as may be provided by law
mandate. or prescribed by it in the course of the discharge
of its functions.
A:
(a) The following are the cases required by .
the Constitution to be heard en banc by DOCTRINE OF STATE IMMUNITY
the Supreme Court:
Bar Question
1. Cases involving the Q:
constitutionality of a treaty, (a) What do you understand by state immunity
international or executive from suit? Explain.
agreement, or law; (b) How may consent of the state to be sued be
2. Cases which under the Rules given? Explain.
of Court are required to be (c) The employees of the Philippine Tobacco
heard en banc. Administration (PTA) sued to recover
3. Cases involving the overtime pay. In resisting such claim, the
constitutionality, application, or PTA theorized that it is
operation of presidential performing governmental functions. Decide
decrees, proclamations, and explain.
orders, instructions, (d) The Province of X required the National
ordinances, and other Development Company to pay real estate
regulations; taxes on the land being occupied by NDC and
4. Cases heard by a division the latter argued that since it is a
when the required majority is government-owned corporation, its
not obtained; properties are exempt from real estate taxes.
5. Cases where a doctrine or If you were the Judge, how would you decide
principle of law previously laid the case? Reason out.
down will be modified or
reversed; A:
6. Administrative cases against
judges when the penalty is (a) State immunity from suit means that the State
dismissal; and cannot be sued without its consent. A corollary
7. Election contests for President of such principle is that properties used by the
or Vice-President. State in the performance of its governmental
functions cannot be subject to judicial execution.
(b) When a decision is pro hac vice, it (b) Consent of the State to be sued may be made
means the ruling will apply to this expressly as in the case of a specific, express
particular case only. provision of law as waiver of State immunity from
(c) The Judicial and Bar Council is suit is not inferred lightly or impliedly as when the
composed of the following: State engages in proprietary functions or when it
files a suit in which case the adverse party may
1. The Chief Justice as ex officio file a counter-claim or when the doctrine would in
chairman; effect be used to perpetuate an injustice.
2. The Secretary of Justice as ex (c) As held in Philippine Virginia Tobacco
officio member; Administration vs. Court of Industrial Relations,
3. A representative of Congress 65 SCRA 416, the Philippine Tobacco
as ex officio member; Administration is not liable for overtime pay,
4. A representative of the since it is performing governmental functions.
Integrated Bar; Among its purposes are to promote the effective
merchandising of tobacco so that those Cambodia as its official guest. While there the Sovereign
engaged in the tobacco industry will king awarded Governor A with a decoration of honor and
have economic security, to stabilize the gifted him with a gold ring of insignificant monetary value,
price of tobacco, and to improve the both of which he accepted.
living and economic conditions of those Was Governor A’s acceptance of the decoration
engaged in the tobacco industry. and gift violative of the Constitution?
(d) In National Development Company vs.
Cebu City, 215 SCRA 382, the Supreme Answer:
court held that the National Yes, it violated Section 8, Article IX-B of the
Development company was not liable Constitution. For his acceptance of the decoration of honor and
for real estate tax on the property the gold ring from the Government of Cambodia to be valid.
belonging to the government which it Governor A should first obtain the consent of Congress.
occupy. However, Section 234 lf the
Local Government code subsequently Bar Question
withdrew the exemption from real
property taxes of government-owned or
controlled corporations. If I were the Q: 1) A, an associate justice of the Supreme Court reach
Judge, I would hold the National the age of seventy on July 1, 1996. there was a case
Development Company liable for real calendared for deliberation on that day where the vote of A
estate taxes. was crucial.
Can A hold over the position and participate in
Bar Question deliberation of the case on July 1, 1996? Explain.
Q: It is said that “waiver of immunity by the State
does not mean a concession of its liability”. What 2) A, an employee of the National Treasurer,
are the implications of this phrase? retired on January 10, 1996. before she could collect her
retirement benefits, the National Treasurer discovered that
A: The phrase that waiver of immunity by the State A had been negligent in the encashment of falsified
does not mean a concession of liability means that by treasury warrants. It appears, however, that A had
consenting to be sued, the State does not necessarily received all money and property clearances from the
admit it is liable. As stated in Philippine Rock National Treasurer before her retirement.
Industries, inc. vs. Board of Liquidators, 180 SCRA Can the National Treasurer withhold the
171, in such a case the State is merely giving the retirement of A pending determination of her negligence in
plaintiff a chance to prove that the State is liable but the encashment of the falsified treasury warrants?
the State retains the right to raise all lawful defenses. Explain.
Answer:
Bar Question Yes, the resolution is constitutionally defensible.
Under Section 4, Article IX-C of the 1987 Constitution, during
Q: A, while an incumbent Governor of his the election period the Commission on Elections may
province, was invited by the Government of supervise or regulate the media of communication or
information to ensure equal opportunity, time, and for promotion.” (Espanol v. Civil Service Commission, 206
space among candidates with the objective of holding SCRA 715)
free, orderly, honest, peaceful and credible elections.
To allow candidates which are supported by more Alternative Answer:
than one political party to purchase more air time and Neither Jose Reyes nor Vicente Estrada has a better
advertising space than candidates supported by one right to be appointed City Engineer. As held in Barrozo v. CSC,
political party only will deprive the latter of equal time 198 SCRA 487, the appointing authority is not required to
and space in the media. appoint the one next-in-rank- to fill a vacancy. He is allowed to
fill it also by the transfer of an employee who possesses civil
Alternative Answer: service eligibility.
No. although the expenditure limitation
applies only to the purchase of air time, thus leaving 2) According to the ruling in Medalla v. Sto. Tomas,
political parties free to spend for other forms of 208 SCRA 351, the Civil Service Commission cannot dictate to
campaign, the limitation nonetheless results in a the appointing power whom to appoint. Is function is limited to
direct and substantial reduction of the quantity of determining whether or not the appointee meets the minimum
political speech by restricting the number of issues qualification requirements prescribed for the position.
that can be discussed, the depth of Otherwise, it would be encroaching upon the discretion of the
appointing power.
Q: Pedro Cruz, the City Engineer of Baguio, 3. The rule prohibiting members of the
retired. To fill the vacant position, the City Mayor Constitutional Commissions, during their tenure,
appointed Jose Reyes, a civil engineer who to be financially interested in any contract with or
formerly worked under Cruz but had been any franchise or privilege granted by the
assigned to the Office of the Mayor for the past government. (2%)
five years.
Vicente Estrada, the Assistant City 4. The rule providing for post audit by the COA of
Engineer filed a protest with the Civil Service certain government agencies. (2%)
Commission claiming that being the officer next
in rank he should have been appointed as City
Engineer.
1) Who has a better right to be 5. The rule requiring Congress to provide for the
appointed to the contested position? standardization of compensation of government officials
2) Can the Civil Service Commission and employees. (2%)
revoke an appointment by the
appointing power and direct the
appointment of an individual of its SUGGESTED ANSWER:
choice?
1. Section 13, Article VII of the Constitution, which prohibits the
Answer: President from appointing his spouse and relatives within the
1) On the assumption that Jose Reyes fourth degree of consanguinity or affinity does not distinguish
possesses the minimum qualification requirements between government corporations with original charters and
prescribed by law for the position, the appointment their subsidiaries, because the prohibition applies to both.
extended to him is valid. Consequently, he has a
better right that Vicente Estrada. 2. Section 13, Article VII of the Constitution, which prohibits
The claim of Estrada that being the officer Members of Congress from holding any other office during
next in rank he should have been appointed as City their term without forfeiting their seat, does not distinguish
Engineer is not meritorious. It is a settled rule that the between government corporations with original charters and
appointing authority is not limited to promotion in their subsidiaries, because the prohibition applies to both.
filling up vacancies but may choose to fill them by the
appointment of persons with civil service eligibility 3. Section 2, Article IX-A of the Constitution, which prohibits
appropriate to the position. Even if a vacancy were to Members of the Constitutional Commissions from being
be filled by promotion, the concept of “next in rank” financially interested in any contract with or any franchise or
does not import any mandatory requirement that the privilege granted by the Government, does not distinguish
person next in rank must be appointed to the between government corporations with original charters and
vacancy. What the civil service law provides is that if their subsidiaries, because the prohibition applies to both.
a vacancy is filled by promotion the person holding
the position next in rank thereto “ shall be considered 4. Section 2(1), Article IX-D of the Constitution, which provides
for post audit by the Commission on Audit of government
corporations, does not distinguish between (3) Positions in the career executive service;
government corporations, does not distinguish
between government corporations with original (4) Career officers other than those in the career executive
charters and their subsidiaries, because the provision service, who are appointed by the President;
applies to both.
(5) Commissioned officers and enlisted men of the Armed
5. Section 5, Article IX-B of the Constitution which Forces;
provides for the standardization of the compensation
of government officials and employees, distinguishes (6) Personnel of government – owned or controlled
between government corporations and their corporations, whether performing governmental or proprietary
subsidiaries, for the provision applies only to functions, who do not fall under the non-career service; and
government corporations with original charters.
(7) Permanent laborers, whether skilled, semi-skilled, or
unskilled.
Bar Question
C. The claim of the retrenched employees falls under the
Q: jurisdiction of the National Labor Commissions and not under
A. What is the meaning and guarantee of security the jurisdiction of the Civil Service Commission. As held in
of tenure? (2%) Lumanta v. National Labor Relations Commission, 170 SCRA
79, since Food Terminal, Inc. was organized under the
B. What characteristic the career service and what Corporation Law and was not created by a special law in
are included service? (2%) accordance with Section 2 (1), Article IX-B of the Constitution,
it is not covered by the civil service.
C. Luzviminda Marfel, joined by eleven other
retrenched employees, filed a complaint with the
Department of Labor and Employment (DOLE) for Q:
unpaid retrenchment or separation pay, 1) A and B were the only candidates for mayor of Bigaa,
underpayment of wages and non – payment of Bulacan in the May 1995 local elections. A obtained 10,
emergency cost of living allowance. The 000 votes as against 3,000 votes for B. In the same
complaint was filled against Food Terminal Inc. elections, X got the highest number of votes among the
moved of dismiss on the ground of lack of candidates for the Sangguniang Bayan of the same town.
jurisdiction, theorizing that it is a government – A died the day before his proclamation.
owned and controlled corporation and it’s
employees are governed by the Civil Service Law a) Who should the Board of Canvassers
and not by the Labor Code. Marfel opposed the proclaim as elected mayor, A, B or X?
motion to dismiss, contending that although Food Explain.
Terminal, Inc. is a corporation owned and b) Who is entitled to discharge the functions of
controlled by the government earlier created and the office of the mayor, B or X? Explain.
organized under the general corporation law as
“The Greater Manila Food Terminal, Inc.” it has 2) X, a member of the House of Representatives, was
still the marks of a private corporation: it directly serving his third consecutive term in the House. In June
hires it’s employees without seeking approval 1996 he was appointed Secretary of National Defense.
from the Civil Service Commission and it’s
personnel are covered by the Social Security Can he run for election to the Senate in the 1998
System and not the Government Service elections? Explain.
Insurance System. The question posed in the
petition for certiorari at bar is whether or not a Answer:
labor law claim against a government- owned or 1.a) In accordance with Benito v. Comelec, 235
controlled corporation like the Food Terminal, Inc. SCRA 436, it is A who should be proclaimed as winner,
falls within the jurisdiction of the Department of because he was the one who obtained the highest number of
Labor and Employment or the Civil Service votes for the position of mayor, but a notation should be made
Commission? Decide and ratiocinate. (4%) that he died for the purpose of applying the rule on succession
to office. B cannot be proclaimed, because the death of the
SUGGESTED ANSWER: candidate who obtained the highest number of votes does not
entitle the candidate who obtained the next highest number of
A. According to Palmera v. Civil Service Commission, votes to be proclaimed the winner, since he was not the choice
235 SCRA 87, security of tenure means that no officer of the electorate. X is not entitled to be proclaimed elected as
or employee in the Civil Service shall be suspended mayor, because he ran for the Sangguniang Bayan.
or dismiss except for cause or provided by law and
after due process. b) Neither B nor X is entitled to discharge the
functions of the office of mayor. B is not entitled to discharge
B. According to Section 7, Chapter 2, Title 1, Book V the office of mayor, since he was defeated in the election. X is
of the administrative Code of 1987, the career service not entitled to discharge the office of mayor. Under Section 44
is characterized by (1) entrance based on merit and of the Local Government Code, it is the vice mayor who should
fitness to be determined as far as practicable by succeed in case of permanent vacancy in the office of the
competitive examination or based on highly technical mayor. It is only when the position of the vice mayor is also
qualification; (2) opportunity for advancement to vacant that the member of the Sangguniang Bayan who
higher career position; and (3) security of tenure. obtained the highest number of votes will succeed to the office
of mayor.
The career service included:
2) Yes, X can run for the Senate in the 1998 election.
(1) Open career position for appointment to which Under Section 7, Article X of the Constitution, having served
prior qualification in an appropriate examination is for three consecutive terms as Member of the House of
required; Representatives, X is only prohibited from running for the same
position.
(2) Closed career positions which are scientific or
highly technical in nature; Bar Question
Q: Pedro Cruz, the City Engineer of Baguio,
retired. To fill the vacant position, the City Mayor Answer:
appointed Jose Reyes, a civil engineer who
formerly worked under Cruz but has been 1) A is senior to B. In accordance with the ruling in
assigned to the Office of the Mayor for the past Summers v. Ozaeta, 81 Phil. 754, the ad interim appointment
five years. extended to A is permanent and is effective upon his
acceptance although it is subject to confirmation by the
Vicente Estrada, the Assistant City Commission on Appointments.
Engineer filed a protest with the Civil Service
Commission claiming that being the officer next 2) If Congress adjourned without the appointments of
in rank he should have been appointed as City A and B having been confirmed by the Commission on
Engineer. Appointments, A cannot return to his old position. As held in
Summers v. Ozaeta, 81 Phil. 754, by accepting an ad interim
1) Who has a better right to be appointment to a new position, A waived his right to hold his
appointed to the contested position? old position. On the other hand since B did not assume the
2) Can the Civil Service Commission new position, he retained his old position.
revoke an appointment by the
appointing power and direct the
appointment of an individual of its Bar Question
choice?
Q: A City Mayor in Metro Manila was designated as
Answer: Member of the Local Amnesty Board (LAB) as allowed
under the Rules and Regulations Implementing Amnesty
1) On the assumption that Jose Reyes Proclamation Nos. 347 and 348, as amended by
possesses the minimum qualification requirements Proclamation No. 377. The LAB is entrusted with the
prescribed by law for the position, the appointment functions of receiving and processing applications for
extended to him is valid. Consequently, he has a amnesty and recommending to the National Amnesty
better right than Vicente Estrada. Commission approval or denial of the applications. The
term of the Commission and, necessarily, the Local
Amnesty Boards under it expires upon the completion of
its assigned tasks as may be determined by the President.
The claim of Estrada that being the officer
next in rank he should have been appointed as City May the City Mayor accept his designation
Engineer is not meritorious. It is a settled rule that the without forfeiting his elective position in the light of the
appointing authority is not limited to promotion in provision of Sec. 7, 1st par., Art. IX-B of the 1987
filling up vacancies but may choose to fill them by the Constitution which pertinently states that :[N]o elective
appointment of persons with civil service eligibility official shall be eligible for appointment or designation in
appropriate to the position, even if a vacancy were to any capacity to any public office or position during his
be filled by promotion, the concept of “next in rank tenure?”
thereto “shall be considered for promotion.” Espanol
v. Civil Service Commission, 206 SCRA 715. Discuss fully.
3) In Section 24 (d) of the Civil Service Act of In the case of a temporary appointment, all that the
1959, a temporary appointment is one issued to a law enjoins is that “preference in filling such position be given
person to a position needed only for a limited period to persons on appropriate eligible lists.” Merely giving
not exceeding six months. Under preference presupposes that even a non-eligible may be
Section 25 (b) of the Civil Service Decree, a appointed. Under the law, even if the appointee has the
temporary appointment is one issued to a person who required civil service eligibility, his appointment is still
meets all the requirements for the position to which he temporary simply because such is the nature of the work to be
is being appointed except the appropriate civil service done.
eligibility because of the absence of appropriate
eligibles and it is necessary in the public interest to fill NOTE: Since provisional appointments have already
the vacancy. On the other hand, Section 24 (e) of the been abolished examinees should be given full credit for
Civil Service Act of 1959 defined a provisional whatever answer they may or may not give.
appointment as one issued upon the prior
authorization of the Civil Service Commission in
accordance with its provisions and the rules and
standards promulgated in pursuance thereto to a AMENDMENTS OR REVISIONS
person who has not qualified in an appropriate
examination but who otherwise meets the Bar Question
requirements for appointment to a regular position in Q: State the various modes of, and steps in, revising or
the competitive service, whenever a vacancy occurs amending the Philippine Constitution.
and the filling thereof is necessary in the interest of
the service and there is no appropriate at the time of A: There are three modes of amending the Constitution.
appointment.
(a) Under Section 1, Article XVIII of the constitution,
Provisional appointments in general have Congress may by three-fourths vote of all its
already been abolished by Republic Act 6040. Members propose any amendment to or revision
However, it still applies with regard to teachers under of the Constitution.
the Magna Carta for Public School Teachers. (b) Under the same provision, a constitutional
convention may propose any amendment to or
Alternative Answer: revision of the Constitution. According to Section
The case of Regis v. Osmena, 197 SCRA 3, Article XVII of the Constitution, Congress may
308, laid down the distinction between a provisional by a two-thirds vote of all its Members call a
and a temporary appointment. constitutional convention or by a majority vote of
all its Members submit the question of calling
A provisional appointment is extended to a such a convention to the electorate.
person who has not qualified in an appropriate (c) Under Section 2, Article XVII of the Constitution,
examination but who otherwise meets the the people may directly propose amendments to
requirements for appointment to a regular position in the Constitution through initiative upon a petition
the competitive service whenever a vacancy occurs of at least twelve per cent of the total number of
and the filling thereof is necessary in the interest of registered voters, of which every legislative
the service and there is no appropriate register of district must be represented by at least three
eligible at the time of the appointment. On the other percent of the registered voters therein.
hand, a temporary appointment given to a non-civil
service eligible is without a definite tenure and is According to Section 4, Article XVII of the
dependent on the pleasure of the appointing power. constitution, to be valid any amendment to or
revision of the Constitution must be ratified by a
A provisional appointment is good only until majority of the votes cast in a plebiscite.
replacement by a civil service eligible and in no case
beyond 30 days from date of receipt by the appointing
officer of the certificate of eligibility. (Sec. 24 [c],
Republic Act 2260).