Political Law - page 26

FACTS: After the local elections of 18 Jan 1980, Ananias Hibo filed with the COMELEC a complaint charging petitioner Rogelio de Jesus, then COMELEC registrar of Casiguran, with violation of the 1978 Election Code. Assistant Fiscals Manuel Genova and Delfin Tarog, in their capacity as deputized Tanodbayan prosecutors, conducted an investigation. ISSUE(S): Whether or not the Tanodbayan and the Sandiganbayan have the power to investigate, prosecute, and try election offenses committed by a public officer in relation to his office. HELD: NO. The evident constitutional intendement in bestowing the power to enforce and administer all laws relative to the conduct…

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FACTS: Respondent Antonio Suyat and petitioner Alberto Jaramilla both ran for the position of member of the Sangguniang Bayan in the Municipality of Sta. Cruz, Ilocos Sur in the 14 May 2001 elections. Upon review by Suyat of the tabulated results issued by the Municipal Board of Canvassers of Sta. Cruz, he discovered that Jaramilla was credited 23 votes per election return from precinct 34A1. However, when the figures were forwarded to the Statement of Votes by precinct, Jaramilla was credited with 73 votes for the said precinct. ISSUE(S): Whether or not COMELEC en banc may take cognizance of the…

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FACTS: Congress enacted R.A. No. 8436 authorizing COMELEC to use an automated election system for the process of voting, counting of votes and canvassing/consolidating the results of national and local elections. COMELEC subsequently approved Resolution 6712 adopting the policy that the precint election results of each city and municipality shall be immediately transmitted electronically in advance to the COMELEC in Manila. Petitioners questioned the constitutionality of the quickcount as being preemptive of the authority vested in Congress to canvass the votes for the President and Vice-President under Article VII, Section 4 of the Constitutuion. ISSUE(S): Whether or not COMELEC may…

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FACTS: Angel Pamplina, a mimeograph operator at the University of the Philippines School of Economics, was dismissed on 22 Jun 1982 after he was found guilty of dishonesty and grave misconduct for causing the leakage of final examination questions in Economics 106 under Prof. Solita Monsod. ISSUE(S): Whether or not CSC has jurisdiction over the university which was vested under its charter, Act No. 1870, with academic freedom and institutional autonomy. HELD: YES. As a mere government-owned or controlled corporation, UP was clearly a part of the Civil Service under the 1973 Constitution and now continues to do so because…

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FACTS: The Office of the Ombudsman’s Special Prosecution Officer filed an information against Nita Buenaobra, chairman of the Komisyon sa Wikang Pilipino, with the Sandiganbayan for violation of Section 4(e) of R.A. No. 3019 for allegedly causing undue injury to the government through gross inexcusable negligence in connection with the unauthorized reprinting of the Diksyunaryo ng Wikang Pilipino. The Sandiganbayan ordered a reinvestigation while the Presidential Anti-Graft Commission (PAGC) conducted a parallel administrative investigation against respondent charging her with the same acts and ommissions subject of the Sandiganbayan case. On 11 Apr 2003, petitioner adopted PAGC’s recommendation and dismissed respondent…

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FACTS: Petitioner Remedios Pastor is Budget Officer of the Municipality of Pasig. In 1992, she was reassigned to the Office of the Municial Administrator pending investigation of reports against her concerning the issuance of Advice of Allotments. In 1995, after those years with no case filed against her, she asked for reinstatement to her former position. She was instead reassigned to another unit of the now city government. ISSUE(S): Whether or not Pastor’s reassignment to various offices was equivalent to removal in office. HELD: YES. It has been held that a reassignment that is indefinite and results in a reduction…

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FACTS: Complainant Leonila Vistan alleged that as early as 10 Feb 1987, prior to the start of the campaign period, and while still an MTC judge, respondent Ruben Nicolas started circulating handbills/letters addressed to electoral constitutents in the second district of Bulacan indicating his intention to run for a congressional seat. ISSUE(S): Whether or not respondent judge engaged in electioneering while still an MTC judge. HELD: YES. 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…

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FACTS: On 03 Jul 1993, R.A. No. 7653 (the New Central Bank Act) took effect abolishing the old Central Bank and creating the BSP. On 08 Jun 2001, petitioner filed a petition prohibiting BSP and the Executive Secretary of the Office of the President from further implementing the last proviso in Section 15(c), Article II of R.A. 7653. ISSUE(S): Whether or not the Supreme Court may properly rule to void a provision that has been deemed unconstitutional. HELD: YES. Under most circumstances, the Court will exercise judicial restraint in deciding questions of unconstitutionality, recognizing the borad discretion given to Congress…

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FACTS: On 31 Jul 2002, Melchor Arthur Carandang, Paul Elmer Clemente, and Jose Tereso de Jesus, Jr. were appointed Graft Investigation Officers III of the Office of the Ombudsman. The Civil Service Commission approved such appointments on the condition that appointees must obtain CES or CSE eligibility to acquire security of tenure. Carandang and Clemente had been conferred with CSE eligibility on 06 Jun 2003. ISSUE(S): Whether or not de Jesus’ appointment may be properly changed from temporary status to permanent despite non-compliance with the eligibility requirement for the position of Graft Investigation Officer III. HELD: YES. Under P.D.No. 807,…

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FACTS: On 05 Nov 1997, administrative charges for dishonesty, grave misconduct, conduct prejudicial to the best interest of the service, and loss of confidence were brought against Carlos Rilloraza, a casino operations manager of petitioner PAGCOR. On 02 Dec 1997, the PAGCOR Board issued a resolution dismissing respondent. ISSUE(S): Whether or not all PAGCOR employees are confidential employees. HELD: NO. The classification of a particular position as primarily confidential, policy-determining or highly technical amounts to no more than an executive or legislative declaration that is not conclusive upon the courts, the true test being the nature of the position. The…

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