Pre-Bar Quizzer in Political Law – Part I: Constitution of Government 91-100

          91. Is there such a thing as “next-in-rank” or seniority rule in filling up vacancies in the classified civil service?

          No. As held in Medenilla vs. CSC, February 19, 1991, there is no need “to wait for the deadwoods to retire” before one may be promoted to fill-up a vacancy as a result of the presence of other employees with longer years of service or “next-in-rank”. What is important is that the appointee meets all the qualifications for the said position.

 

          92. What is the extent of the powers of the CSC in appointment cases?

          It has only the power to approve the appointment if the appointee meets all the qualifications and the power to deny the appointment if the appointee does not meet the qualifications. IT DOES NOT HAVE THE POWER TO SUBSTITUTE THE APPOINTEE CHOSEN BY THE APPOINTING AUTHORITY WITH ANOTHER WHICH IT BELIEVES TO BE MORE QUALIFIED.

 

          93. Is the position of City or Provincial Legal Officer a primarily confidential position?

          Yes, as held in CADIENTE VS. SANTOS, 142 SCRA 280, the Provincial Legal Officer is a primarily confidential office, but not his assistant. The same was reiterated in SAMSON VS. CA, 145 SCRA where it was held that  The City Legal officer is a primarily confidential officer.

 

 

          94. May gov’t. employees form unions for purposes of collective bargaining and to strike against the government?

As held in  ALLIANCE OF GOVT. WORKERS VS. MOLE, 124 SCRA  and  Executive Order No. 180 , June 1, 1987, government employees may form unions but not authorized to strike or demand for collective bargaining agreement with the government.   authorizing govt. employees to form unions.

 

95. May government employees be removed without cause as a result of a government reorganization?

No. This is clear from RA 6656, June 10, 1988 , which is “An act to protect the security of tenure of civil service officers and employees in the implementation of government reorganization.” There must be full compliance of the due process requirement. It must be based on just cause and with due process.( DARIO VS. MISON, August 8, 1989, FLOREZA VS. ONGPIN, February 26, 1990, MENDOZA VS. QUISUMBING, June 4, 1990,  DOTC vs. CSC, October 3, 1991,  Romualdez vs. CSC, August 12, 1993 and Torio vs. CSC, 209 SCRA 677)

 

96. May a person be appointed in a temporary capacity as a Commissioner of the Commission on Elections?

No, Section 1, Art. IX-C provides that “In no case shall any member be appointed or designated in a temporary or acting capacity. (Brillantes vs. Yorac, Dec. 18, 1991)

 

97. What are the more important powers of the COMELEC?

Under Section 2, Art. IX-C, its powers are to enforce and administer all laws relative to the conduct of election, plebiscite, initiative, referendum and recall….original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial and city officials and appellate jurisdiction over all contests involving elective municipal officials decided by courts of general jurisdiction and elective barangay officials  decided by trial courts of limited jurisdiction. Also, it has the power to:

a.     Deputize law enforcement agencies, including the AFP..

b.    Register political parties, except religious groups

c.      File complaints for violation of election laws

d.    Regulate the enjoyment or utilization of all franchises for the operation of transportation and other public utilities, media of communication..


98. Which court has jurisdiction over election cases involving municipal and barangay officials?

Election cases involving municipal official shall be filed before the RTC whose decision may be appealed  to the COMELEC. Those involving barangay officials shall be filed with the MTC whose decision is likewise subject to appeal to the COMELEC whose decision in both instances is final and not appealable.

99. Where must election cases involving city and provincial officials be filed?

It must be filed with the COMELEC, not with the courts.

100. Does the President have discretion on the release of the Internal Revenue Allotment (IRA) for the Local Government Service Equalization Fund (LGSEF) and may she validly impose conditions for the release thereof?

No, local governments have fiscal autonomy under Art. X of the 1987 Constitution. As held by the Supreme Court in the case of PROVINCE OF BATANGAS VS. HON. ALBERTO ROMULO, ET AL., May 27, 2004,  automatic release of  funds of Local Government Units, particularly the IRA, is mandated  with no conditions imposed for its release. To allow the President to impose conditions for the release of the IRA amounts to control to local government units when the President’s power over local government units is confined to general supervision, not power of control as enunciated in Drilon vs. Lim, 235 SCRA 135.

 

 

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. 2 Comments.

  1. $author you have an awesome blog.

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