Professional Documents
Culture Documents
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In the case of Napico Home Owners Association, Only the president can sign the financial and
there were informal settlers in the said private technical assistance agreement (FTAA) [See
subdivision. They were about to be removed so Art. 12 Sec.2(4)]. The president decided to
they went to the Supreme Court and issued a writ withdraw the signature on FTAA. The
of amparo. However, the Supreme Court also question raised in the Supreme Court was: was
disapproved such because it is only applicable in the exercise of cancelling the FTAA an
cases where there are missing persons. The exercise of quasi-judicial function of the
informal settlers even argued that if ever they
president? No, it is a purely administrative
would get evicted, they would be considered as
missing persons. But then, the court still denied the signature on the part of the president. Because
motion. quasi-judicial is where you decide for the 3rd
National Economy and Patrimony parties. If the president itself withdraws on his
signature, it is an administrative signature.
Paragraph 4 and 5, Section 2 of Article 12
states that: The President may enter into Commission on Appointments
agreements with foreign-owned Ad interim appointment: this is an
corporations involving either technical or appointment issued by the President if
financial assistance for large-scale Congress is not in session.
exploration, development, and utilization - First discussed in the case of Matibag
of minerals, petroleum, and other mineral
v. Benipayo
oils according to the general terms and
- Paguia v. Office of the President: the independence of the Office of the
Paguia questioned the qualifications of Ombudsman.
CJ Davide when he retired to become The President has the power to remove special
the ambassador to the UN. The Court prosecutor? Yes.
dismissed the case because Atty. Independence of Constitutional Bodies
Paguia has no personality to sue - Funa v. Duque: President Arroyo
because on the time he filed the designated Duque to become a member
petition he was undergoing his of the board of the following: GSIS,
indefinite suspension. PhilHealth, ECC, Pag-ibig in addition
- Justice Philip Aguinaldo v. JBC: to his being chairman in the Civil
there are 6 vacant seats in the Service. The question raised was the
Sandiganbayan. Judge said that the designation correct? Supreme Court
PNoy did not follow the clustering of held that Duque by accepting
appointing in Sandiganbayan. additional responsibilities as a member
Supreme Court held that clustering is of the board, he is violating the
not prescribed under the Constitution. independence of the Civil Service
The JBC cannot infringe the president Commission. The president has control
in appointing. It is a personal discretion in appointing in the corporations, but
by the president. Duque himself should be independent,
therefore he has to vacant his position
Midnight appointments: in the board member.
- De Castro v. JBC: JBC membership - Civil Service Commission v. BBM:
has the power to recommend to the can BBM prescribe conditions for the
president. Supreme Court held that it is release of funds of the CSC? The
valid but the period, covered only on Supreme Court held that under the
election on judiciary, the Court said no. Constitution, CSC enjoy fiscal
Executive positions only. autonomy. Whatever appropriation,
- What is the rule of appointing Congress approved for their office
powers of mayor and governor must be released automatically.
during the election ban period?
None. They cannot appoint during the Proportional Appointment:
election ban period. The Supreme - Funa v. Villar: when the Chairman of
Court held that they cannot appoint on COA ended his term, GMA promoted
mass appointments because there is an Villar as the Chairman. Funa question
existing Civil Service Rule that mayors is the term valid? Supreme Court held
and governors cannot mass appoint. that Villar will serve for a maximum of
- Cannot appoint up to the 3rd civil 7 years.
degree of consanguinity or affinity. - Civil Service Commission cannot
While for the president, he cannot substitute its own judgment to the
appoint up to the 4th civil degree of discretion of the appointment. The
consanguinity or affinity. appointment will always be vested on
the head of the agency. The power of
Power of Removal the Civil Service is to deny and
The president has no power to remove the approve, and not substitute.
Deputy Ombudsman because that will destroy
Law on Public Officers:
Ombudsman Carpio Morales v. Court of
Appeals: three powers of ombudsman as per
Supreme Court (IPIS):
a. Investigatory
b. Prosecutory
c. Impose Sanctions
- The Supreme Court held that the
powers of Ombudsman is subject to the
review of Court of Appeals within the
exercise of its general position.
Condonation of wrongdoings of public
servants should not be allowed.