Republic Act 7394

Republic Act 7394

Extrinsic evidence should additional be offered to establish bias, unhealthy religion, malice or corrupt purpose. As a constitutional physique vested with the power and wide latitude in screening and deciding on applicants to the Judiciary, the JBC is greater than entitled to the presumption of regularity within the performance of its constitutional duty. Its dedication as to respondent’s possession of all the qualifications and eligibilities for appointment to this Court must accordingly be accorded with respect; it cannot be capriciously set aside without even impleading the council and permitting it to justify its motion – A verified petition for quo warranto contesting the election of the President or Vice-President on the ground of ineligibility or disloyalty to the Republic of the Philippines could also be filed by any registered voter who has voted within the election involved within ten days after the proclamation of the winner. A one who usurps, intrudes into, or unlawfully holds or workouts a public workplace, place or franchise. Any public officer violating any of the provisions of Section 7 of this Act shall be punished by a nice of not less than one thousand pesos nor more than five thousand pesos, or by imprisonment not exceeding one 12 months and 6 months, or by each such fantastic and imprisonment, on the discretion of the Court.

As could be gleaned from Our current decisions, this Court has not hesitated from disciplining its members whether or not they be judges, Justices or common courtroom employees. This case mustn’t due to this fact be treated merely with kid gloves as a outcome of it includes the very best official of the judicial branch of the federal government. On the contrary, that is an opportune time for this Court to exact accountability by inspecting whether or not there has been strict compliance with the authorized and procedural necessities within the appointment of its Members.

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Well settled is the principle of constitutional construction that the language employed within the Constitution have to be given their odd which means except the place technical phrases are employed. "As much as possible, the phrases of the Constitution must be understood in the sense they’ve in common use. What it says in accordance with the text of the provision to be construed compels acceptance and negates the power of the courts to change it, primarily based on the postulate that the framers and the folks mean what they say." The pivotal query of law is whether an official who may be eliminated via impeachment, can also be removed by way of a petition for quo warranto.

  • The Constitution is the essential and paramount legislation to which all other laws should conform and to which all persons should defer.

B) Parties to the case shall be entitled to notice of the hearing, and shall be told of the date, time and place of the same. After the close of the fiscal year, the Council shall submit to Congress and the Office of the President, a full report on the progress of the implementation of client packages. Such other issues of significance to the consumer’s basic well-being. F) two representatives from business/industry sector to be chosen by the President from among the nominees submitted by the varied business organizations. Form and Timing of Disclosure.— All disclosures required under this Act shall be made clearly and conspicuously in writing before the transaction is consummated. The implementing agency shall prescribe regulations in keeping with commonly accepted accounting requirements to carry out the requirements of this Article.

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During Villar’s fourth yr as COA Commissioner, COA Chairman Guillermo Carague finished serving his seven -year term. President Gloria Macapagal-Arroyo then promoted Villar by appointing him as Chairman of the COA and, as such, was thought of an impeachable officer beneath the Constitution. Thus, it’s clear that the Executive Committee, within the train of their authority, adjudged the respondent’s submission of her three SALNs, collectively along with her letter-explanation, as substantial compliance to those additional requirements. Thus, the JBC, which solely determines whether a candidate has substantially complied with all of the documentary requirements, made a willpower that respondent had certainly considerably complied. As discussed, the requirement of the SALN in the course of the 2022 application course of for the Chief Justice position was prompted by the impeachment of former Chief Justice Renato Corona. When Senator Escudero moved that the additional necessities be imposed, together with the SALNs, he manifested that the JBC wouldn’t want to recommend person who can be susceptible to such type of attack, which pertains to the eventual removal from workplace of former Chief Justice Renato Corona as a outcome of inaccuracies in his SALN.

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This makes clustering an unconstitutional encroachment by the JBC of the President’s constitutionally vested power of appointment. Other than issuing a Status Quo Ante Order in lieu of a TRO, the Court en banc basically adopted my recommended motion as Member-in­-Charge on the scope and extent of the injunctive aid granted to the petitioners, notably that the Order ought to cowl only the Coalition of Associations of Senior Citizens within the Philippines, Inc. The SENIOR CITIZENS circumstances concerned the Omnibus Resolution dated May 10, 2022 of the Commission on Elections that disqualified the Coalition of Associations of Senior Citizens in the Philippines, Inc. , among other party-list groups, from participating in the May 13, 2022 elections and cancelled its registration and accreditation as a party-list organization. Despite its disqualification, SENIOR CITIZENS nonetheless obtained 677,642 votes. Two rival groups, each claiming to characterize SENIOR CITIZENS, filed their respective petitions for certiorari earlier than the Court, challenging the disqualification of their party-list group. "The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them."