Political Law - page 27

FACTS: On 07 Oct 1989, respondent Salas was appointed by the PAGCOR chairman as internal security staff member and assigned to the casino at the Manila Pavilion Hotel. His employment was terminated by the Board of Directors of PAGCOR on 03 Dec 1991, allegedly for loss of confidence. ISSUE(S): Whether or not Salas is a confidential employee. HELD: NO. It is the nature of the position which finally determines whether a position is primarily confidential, policy-determining or highly technical. The occupant of a particular position could be considered a confidential employee if the predominant reason why he was chosen by…

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FACTS: Respondent Ramon S. Roco was appointed by then President Fidel V. Ramos on 26 Aug 1996 as Regional Director of the Land Transportation Office in Region V, a position equivalent to CES rank Level V. He was re-appointed to the same position by then President Joseph Estrada. From his appointment in 1996, respondent was not a CES eligible and was only conferred CES eligibility by the Career Executive Board on 13 Aug 1999. On 07 Sep 1999, petitioner Luis Mario General, who was not a CES eligible, was appointed by then President Estrada as Regional Director of LTO-V. Pursuant…

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FACTS: The Coconut Industry Investment Fund (CIIF) companies failed to comply with its contract agreement with the International Towage and Transport Corporation (ITTC) for the transport of coconut oil in bulk. ITTC Executive Vice President Manuel Leyson, Jr. filed a complaint with the Office of the Ombudsman for breach of contract, among others. The complaint was dismissed. ISSUE(S): Whether or not the Office of the Ombudsman has jurisdiction to further act on the complaint. HELD: NO. All three corporations comprising the CIIF companies were organized as stock corporations. The UCPB-CIIF owns 44.10% of the shares of Legaspi Oil, 91.24% of…

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FACTS: Petitioner Baltazar Camporedondo was employed by the Philippine National Red Cross sine 1980 until his early retirement on 15 Dec 1995. On 21 Nov 1995, PNRC Secretary General Celso Samson required petitioner to restitute the total sum of P135,927.78 representing cash shortages, technical shortage and unremitted collection. On 28 May 1996, petitioner filed with the NLRC a complaint for illegal dismissal, damages and underpayment of wages against the PNRC and its key officials. ISSUE(S): Whether or not the PNRC is a government-owned and controlled corporation. HELD: YES. The PNRC is a government-owned and controlled corporation with an original charter…

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FACTS: On 04 Jun 1998, respondent Jose Ramirez filed an election protest with the COMELEC challenging the result of the 11 May 1998 elections where petitioner Ruperto Ambil, Jr. was proclaimed the duly-elected governor of Eastern Samar. On 24 Feb 2000, Commissioner Japal Guidani retired from the service prior to the finalization of his proposed resolution in the Ramirez protest. In said resolution, Commissioner Julio Desamito had dissented while Commissioner Luzviminda Tancangco did not indicate her vote. ISSUE(S): Whether or not the Supreme Court has the power to review decisions of the COMELEC. HELD: YES. Article IX-A, Section 7 provides…

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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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