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!
Quintos-Deles vs Commission on Appointments
GR No. 83216
September 4, 1989
This is a special civil
action for prohibition and mandamus
with injuction to cempel Commission on Appointments to allow Teresita
Quintos-Deles to perform and discharge her duties as a member of HR
representing the Women’s Sector.
Quintos-Deles, Lopez
(Youth), Arteche (Peasant) and Teves (Urban Poor) have not taken their oaths
due to the opposition of some congressmen members of Commission on
Appointments.
Arguments of
Commission on Appointments:
1.
Sectoral
representatives must be first confirmed by Commission on Appointments
Solicitor
General’s Argument:
1.
Since the
President included a letter to the Commission on Appointments upon submission
of the four sectoral representatives, thus confirmation is required.
2.
The
appointment was acted during session
Arguments of
Petitioners:
1.
Sec 7,
Article XVIII does not require confirmation
2.
It’s nowhere
in the constitution nor in EO No. 198 is mention the need for confirmation
Rules of
Court:
1.
Sectoral
representatives are referred to the first sentence of Sec 16 Art VII
2.
Provisions
of EO No. 198 do not deal with the manner of appointment of sectoral
representatives. It just specify the sectors to be presented.
3.
Deles
appointment was issued not by virtue of EO No. 198 but pursuant to Art VII Sec
16 par 2 and Art XVIII Sec 7.
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