Here are some digested cases from the
Jurisprudence regarding issues related to the Executive Department. I know, I
digested it differently but this is how I remember things easily. You still
have to read the whole Jurisprudence. You will never understand the things I wrote
below, maybe some but perhaps most of the things I jot down are only the
important ones and I might even forgot some important key factors, unless you
have read the original text. Do not rely too much ion this. These digested
cases will just help you remember things out during oral recitations. God bless
future lawyers!
Bautista vs Salonga
GR No. 86439
April 13, 1989
Whether or not the
appointment of Mary Concepcion Bautista as Chairman of the Commission on Human
Rights (independent office) with no consent by the Commission of Appointments.
The president, realizing
the need for a permanent chairman and members of CHR appointed Bautista.
Bautista received a letter for submission in connection with the confirmation
of her appointment.
Arguments of
Bautista:
1.
Not subject
to confirmation since it is an independent office
Arguments of
Commission on Appointments:
1.
Disapproved
Bautista as ad interim because of the refusal to submit to the jurisdiction
2.
Sec 6
Chapter II of Rules of Commission on Appointments – the denial for submission
denied the motion for reconsideration
Rule of
Court:
1.
CHR position
of chairman not among the positions mentioned in the first sentence of Sec 16
Art VII
2.
Constitutional
law is concerned with power not political convenience.
3.
There was no
vacancy~ from temporary to permanent appointment
4.
Executive
Order (163-A) only speaks of tenure in office which is at the pleasure of the
President. Tenure means not be confused with term of office. Realization of how
precious are rights could be. A chairman is not made by statute but by
Constitution.
The removal must be for cause and with due process, Government of laws not for men.
No comments:
Post a Comment