Constitutional Law 1 - page 4

FACTS: Petitioners impugned the challenged resolutions of the Commission on Elections in pre-proclamation cases classified as special cases. ISSUE(S): Whether or not the Commission on Elections en banc may hear and decide pre-proclamation cases classified as special cases. HELD: NO. Article IX-C, Section 3 of the Constitution expressly provides that election cases include pre-proclamation controversies, and all such cases must first be heard and decided by a division of the commission. The commission, sitting en banc, does not have the authority to hear and decide the same at the first instance.

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FACTS: The Civil Service Commission had been appropriated P2885,660,790.44 by the General Appropriations Act (GAA) of 2002. However, the total fund released to the commission by the Department of Budget and Management during the fiscal year 2002 was only P279,853,398.14, leaving an unreleased balance of P5,807,392.30. ISSUE(S): 1. Whether or not DBM may enforce its no report, no release policy on a constitutional commission. 2. Whether or not CSC’s budget may be reduced by Congress lower that that of the previous fiscal year. HELD: 1. NO. The no report, no release policy may not be validly enforced against offices vested…

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FACTS: The President designated Associate Commissioner Haydee Yorac as acting chairman of the Commission on Elections, in place of Chairman Hilario DAvide, who had been named chairman of the fact-finding commission to investigate the December 1989 cou d’ etat attempt. ISSUE(S): Whether or not the intrusion of the President in the choice of the acting chairman violates the independence of the Commission on Elections. HELD: YES. Article IX-A, Section 1 of the Constitution expressly describes all constitutional commissions as “independent.” They are not under the control of the President in the discharge of their respective functions. Each of these commissions…

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FACTS: On 11 Jun 1993, the President appointed Thelma Gaminde as ad interim Commissioner of the Civil Service Commission for a term expiring 02 Feb 1999. On clarification, Gaminde was told her term of office would expire on 02 Feb 2000. On 24 Mar 1999, CSC resident auditor Flovitas Felipe issued notice disallowing in audit the salaries and emoluments pertaining to Gaminde and her co-terminous staff, effective 02 Feb 1999. ISSUE(S): Whether or not the term of office of Atty. Thelma Gaminde as CSC Commissioner expired on 02 Feb 1999. HELD: YES. In Republic v Imperial, it was held that…

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FACTS: Monsod was nominated by then President Cory Aquino as chairman of the COMELEC. The Commission on Appointments confirmed the appointment despite Cayetano’s objection, based on Monsod’s alleged lack of the required qualification of 10-year law practice. ISSUE(S): Whether or not Monsod has been engaged in the practice of law for 10 years. HELD: YES. The practice of law is not limited to the conduct of cases or litigation in court. It embraces the preparation of pleadings and other papers incident to actions and special proceedings, the management of such actions and proceedings on behalf of clients, and other works…

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FACTS: Petitioners assailed the validity of Batas Pambansa Blg. 129 (Judiciary Act) in mandating that justices and judges of inferior courts from the Court of Appeals to municipal circuit courts, except the occupants of the Sandiganbayan and the Court of Tax Appeals, unless appointed to the inferior courts established by such Act, would be considered separated from the judiciary. ISSUE(S): Whether or not the abolition of the existing inferior courts collides with the security of tenure enjoyed by incumber justices and judges under Article X, Section 7 of the Constitution. HELD: NO. Removal is, of course, to be distinguished from…

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FACTS: This is an administrative case against Edillon who refuses to pay his IBP membership dues assailing the provisions of the Rule of Court 139-A and the provisions of paragraph 2, Section 24, Article III of the IBP By-Laws pertaining to the organization of IBP, payment of membership fee and suspension for failure to pay the same. He contends that the stated provisions constitute an invasion of his constitutional rights of being compelled to be a member of the IBP in order to practice his profession and thus deprives his rights to liberty and property and thereby null and void.…

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FACTS: Petitioner Zaldivar moved for Special Prosecutor Gonzales to be cited in contempt for defying the Supreme Court’s cease and desist orders and for issuing contemptuous statements to the media. ISSUE(S): Whether or not Gonzales is guilty of contempt. HELD: YES. Statements made by respondent Gonzales to the media were contemptuous as they imply members of the Supreme Court acted on a manner not befitting the officers of the highest court of the country. Respondent is entitled to the constitutional guarantee of free speech. What Gonzales seems unaware of is that the freedom of speech and of expression, like all…

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FACTS: Seven separate complaints for murder were filed against Pablo Sola and eighteen others in connection with the bodies dug out of the former’s property. A warrant for their arrest was issued. However, without giving the prosecution the opportunity to prove that the evidence of guilt of the accused is strong, the court granted them the right to post bail for their temporary release. The witnesses in the murder cases informed the prosecution of their fear for their safety. ISSUE(S): Whether or not the court may change the venue of the trial to avoid miscarriage of justice. HELD: YES. The…

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FACTS: Judgest Jose Caoibes, Jr. and Florentino Alumbres were embroiled in an altercation resulting to the latter filing before the Office of the Ombudsman a criminal complaint for physical injuries, malicious mischief and assault upon a person in authority against the former. Alumbres also filed an administrative case against Caoibes with the Supreme Court. ISSUE(S): Whether or not the Office of the Ombudsman should defer action on the criminal complaint pending resolution of the Supreme Court for appropriate action. HELD: YES. Under Section C, Article VIII of the Constitution, it is the Supreme Court which is vested with exclusive administrative…

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