Pre-Bar Quizzer in Political Law – Part I: Constitution of Government 81-90

 81. Under the 1987 Constitution, may the salaries of the members of the judiciary be taxed without violating Section 10, Article VIII which would have the effect of decreasing the same?

No. This was the ruling in  NITAFAN VS. COMMISSIONER, 152 SCRA 284 which abandoned the contrary rulings in the cases of PERFECTO VS. MEER, 85 Phil. 552 and  ENDENCIA  VS. DAVID, 93 Phil.  696

 

82. Up to when are members of the judiciary entitled to hold on to their positions?

Section 11, Art. VIII provides that the Members of the Supreme Court and  judges of the lower court shall hold office during good behavior until they reach the age of 70 years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of majority of the members who actually took part in the deliberations on the issues in the case and voted thereon.

 

  83. May an RTC Judge be appointed as  a member of the Provincial Peace and Order Council of the place where he holds office?

No.  The members of the Supreme Court and other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions. (IN RE: JUDGE RODOLFO MANZANO, October 5, 1988)

 

84. Are the different administrative and quasi-judicial bodies (COMELEC, NLRC, NAPOLCOM, MILITARY COMMISSIONS) bound by the requirement of Section 14, Art. VIII that “No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based”?

          No. It applies only to the courts as defined or included by Section 1, Art. VIII.  (AIR FRANCE VS. CARRASCOSO, 18 SCRA 155, VDA DE ESPIRITU VS. CFI, 47 SCRA 354, BUSCAYNO VS. ENRILE, 102 SCRA 7, MANGCA VS. COMELEC, 112 SCRA 273, VALLADOLID VS. INCIONG, 121 SCRA 205,  NAPOLCOM VS. LOOD, 127 SCRA 75, NUNAL VS. CA, 169 SCRA 356 and  Mangelen vs. CA, 215 SCRA 230)

 

85. What are the periods given to the different courts to decide cases before them?

Under   Section 15, Art. VIII, all cases or matters filed after the effectivity of this Constitution must be decided or resolved within 24 months from date of submission  for the Supreme Court, and unless reduced by the Supreme Court, 12 months for all lower collegiate courts, and 3 months for all other lower courts. A case shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief or memorandum required by the Rules of Court or by the court itself.

 

          86. Is the requirement under Section 15, Art. VIII mandatory or merely directory?

          Section 15, Art. VIII is mandatory in all courts except the Supreme Court where said provision is considered merely directory. This is so because it is “impossible” for the Supreme Court to comply with such provision considering the volume of cases filed before it. (CORPUS VS. CA 98 SCRA 424, MALACORA VS. CA, 117 SCRA 435, MARCELINO VS. CRUZ, 121 SCRA 51 and DE ROMA VS. CA, 152 SCRA 205)

 

          87. What are covered by the powers of the Civil Service Commission?

Under Section 2, Article IX-B of the Constitution,  the civil service embraces all branches, subdivisions, instrumentalities, and agencies of the government, including government owned and controlled corporations WITH ORIGINAL CHARTERS.

 

88. What are the requirements before one may be appointed in the civil service? Exceptions?

Appointments in the CS shall be made only according to merit and fitness to be determined as far as practicable, and except as to positions which are policy determining, primarily confidential or highly technical, by competitive examination.

 

 89. Define the three (3) exceptions to the rule that the appointee must be chosen based on merit and fitness to be determined by competitive examination?

Policy determining is one charged with laying down of principal or fundamental guidelines or rules, such as that head of a department.

Primarily confidential position is one denoting not only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy which ensures freedom of intercourse without embarrassment or freedom from misgivings or betrayals of the personal trust on confidential matters of the state (Example: Chief Legal Counsel of the PNB, Besa vs. PNB, 33 SCRA 330)

Highly technical position requires the appointee thereto to possess technical skill or training in the supreme or superior degree.

 

      90. Is the position of City Engineer of Baguio City a “highly technical” position?

No. The position of City Engineer of Baguio City is technical “but not highly so.” (DE LOS SANTOS VS. MALLARE, 87 Phil. 289)

 

 

Reference:

Pre-Bar Quizzer in Political Law (Doctrinal Rulings, Requisites and Definitions) July, 2008 by Atty. Larry D. Gacayan

College of Law, University of the Cordilleras

Baguio City

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About Magz

First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the College of Law but stopped going to law school for some reasons. I'm a passionate teacher who has been teaching English to speakers of other languages and a person who likes writing and blogging. I lost some important files and software when my computer broke down so the reason I created this website is to preserve the notes, reviewers and digests I collected when I was at the law school and at the same time, I want to help out law students who do not have enough time to go and read books in the library.

Posted on June 22, 2011, in Political Law and tagged . Bookmark the permalink. Leave a comment.

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