POLITICAL LAW REVIEWER by 22V87L

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									                                                                    justice means that the State should assist the
                                                                    underprivileged. Without such help, they might not be
     NATIONAL TERRITORY                                             able to secure justice for themselves. Since the
                                                                    provision on social justice in the 1987 Constitution
                                                                    covers all phases of national development, it is not
                                                                    limited to the removal of socio-economic inequities
Bar Question                                                        but also includes political and cultural inequities. The
Q: A law was passed dividing the Philippines into                   1987 Constitution elaborated on the concept of social
3 regions (Luzon, Visayas, Mindanao), each                          justice by devoting an entire article, Article XIII, to it.
constituting an independent state except on                     (b) In Calalang vs. Williams, et. al., 70 Phil. 726, social
matters of foreign relations, national defense and                  justice was defined as “neither communism nor
national taxation, which are vested in the Central                  despotism, nor atomism, nor anarchy, but the
government.                                                         humanization of laws and the equalization of social
    Is the law valid? Explain.                                      and economic forces by the State so that justice in its
                                                                    rational and objectively secular conception may at
A: The law dividing the Philippines into 3 regions,                 least be approximated. Social justice means the
each constituting an independent state and vesting in               promotion of the welfare of all the people, the
a central government matters of foreign relations,                  adoption by the government of measures calculated
national defense and national taxation, is                          to insure economic stability of all the competent
unconstitutional.    First, it violates Art. I, which               elements of society, through the maintenance of a
guarantees the integrity of the national territory of the           proper economic and social equilibrium in the
Philippines because it divided the Philippines into 3               interrelations of the members of the community.
states. Second, it violates Sec. 1, Art. II of the
Constitution, which provides for the establishment of       Bar Question
democratic and republic States by replacing it with 3       Q: Does the 1987 Constitution provide for a policy of
States organized as a confederation. Third, it violates     transparency in matters of public interest? Explain.
Sec. 22, Art. II of the Constitution, which, while
recognizing and promoting the rights of indigenous          A: Yes, the 1987 Constitution provides for a policy of
cultural communities, provides for autonomous               transparency in matters of public interest. Section 28, Article II
regions in Muslim Mindanao and in the Cordilleras           of the 1987 Constitution provides:
within the framework of national sovereignty as well
as territorial integrity of the Republic of the                       “Subject to reasonable conditions prescribed by law,
Philippines. Fifth, it violates the sovereignty of the      the sate adopts and implements a policy of full disclosure of all
Republic of the Philippines.                                its transactions involving public interest.”

                                                                Section 7, Article III of the 1987 Constitution states:
GOVERNMENT
                                                                      “The right of the people to information on matters of
Bar Question                                                public concern shall be recognized. Access to official records,
Q:     Are government-owned or controlled                   and to documents, and papers pertaining to official acts,
corporations within the scope and meaning of the            transactions, or decisions, as well as to government research
“Government of the Philippines?”                            data used as basis for policy development, shall be afforded
                                                            the citizen, subject to such limitations as may be provided by
A: Sec. 2 of the Introductory Provision of the              law.”
Administrative Code of 1987 defines the government
of the Philippines as the corporate governmental                 Section 20, Article VI of the 1987 Constitution reads:
entity through which the functions of government are
exercised throughout the Philippines, including, same                “The records and books of account of the Congress
as the contrary appears from the context, the various       shall be preserved and be open to the public in accordance
arms through which political authority is made              with law, and such books shall be audited by the Commission
effective in the Philippines, whether pertaining to the     on Audit which shall publish annually an itemized list of
autonomous regions, the provincial, city, municipal or      amounts paid to and expenses incurred for each member.”
barangay subdivisions or other forms of local
government.                                                         Under Section 17, Article XI of the 1987 Constitution,
    Government-owned or controlled corporations are         the sworn statement of assets, liabilities and net worth of the
within the scope and meaning of the Government of           President, the Vice-President, the Members of the Cabinet ,
the Philippines if they are performing governmental or      the Congress, the Supreme Court, the Constitutional
political functions.                                        Commission and other constitutional offices, and officers of the
                                                            armed forces with general or flag rank filed upon the
                                                            assumption of office shall be disclosed to the public in the
DECLARATION OF PRINCIPLES AND STATE                         manner provided by law.
POLICIES
                                                                 Section 21, Article XII of the Constitution declares:
Bar Question
Q:                                                                   “Information on foreign loans obtained or guaranteed
    (a) Discuss the concept of social justice               by the government shall be made available to the public.”
        under the 1987 Constitution.
                                                                 As held in Valmonte vs. Belmonte, G.R. No. 74930, Feb.
     (b) How does it compare with the old                   13, 1989, these provisions on public disclosures are intended
         concept of social justice under the 1973           to enhance the role of the citizenry in governmental decision-
         Constitution?       Under    the    1935           making as well as in checking abuse in government.
         Constitution?

A:                                                          GRANT OF EMERGENCY POWERS TO THE PRESIDENT
     (a) Section 10, Article II of the 1987 Constitution
         provides, “The State shall promote social          Bar Question
         justice   in   all     phases    of   national
         development”. As stated in Marquez vs.
         Secretary of Labor, 171 SCRA 337, social
Q:   During a period of national emergency,                known as the pork barrel, and because of this Congress
Congress may grant emergency powers to the                 does not pass the budget.
President. State the conditions under which such
vesture is allowed.                                                 (a) Will that mean paralization of government
                                                                        operations in the next fiscal year for lack of
A: Under Section 23(2), Article VI of the Constitution,                 an appropriation law?
Congress may grant the President emergency powers                   (b) Suppose in the same budget, there is a
subject to the following conditions:                                    special provision in the appropriations for
                                                                        the Armed Forces authorizing the Chief of
             1.   There is a war or other national                      Staff, AFP, subject to the approval of the
                  emergency:                                            Secretary of National Defense, to use savings
             2.   The grant of emergency powers                         in the appropriations provided therein to
                  must be for a limited period:                         cover up whatever financial losses suffered
             3.   The grant of emergency powers is                      by the      AFP Retirement and Separation
                  subject to such restrictions as                       Benefits System (RSBS) in the last five (5)
                  Congress may prescribe: and                           years due to alleged bad business judgment.
             4.   The emergency powers must be                          Would          you         question        the
                  exercised to carry out a declared                     constitutionality/validity of the special
                  national policy.                                      provision?

                                                           A:
LEGISLATIVE POWER                                                   (a) No, the failure of congress to pass the budget will
                                                                        not paralyze the operations of the Government.
Bar Question
Q: Are the following bills filed in Congress                              Section 25(7), Article VI of the Constitution
constitutional?                                                           provides:
        (a) A bill originating from the Senate,
             which provides for the creation of the                          “If, by the end of any fiscal year, the
             Public Utility Commission to regulate                      Congress shall have failed to pass the general
             public    service   companies      and                     appropriations bill for the ensuing fiscal year, the
             appropriating the initial funds needed                     general appropriations law for the preceding
             to establish the same. Explain.                            fiscal year shall be deemed reenacted and shall
        (b) A bill creating a joint legislative-                        remain in force and effect until the general
             executive commission to give, on                           appropriations bill is passed by the Congress.
             behalf of the Senate, its advice,                      (b) Yes, the provision authorizing the Chief of Staff,
             consent and concurrence to treaties                        with the approval of the Secretary of National
             entered into by the President. The                         Defense, to use savings to cover the losses
             bill contains the guidelines to be                         suffered by the AFP Retirement and Separation
             followed by the commission in the                          Benefits System is unconstitutional.
             discharge of its functions. Explain.
                                                                          Section 25(5), Article VI of the Constitution
A:                                                                        provides:
         (a) A bill providing for the creation of the
             Public Utility Commission to regulate                             “No law shall be passed authorizing any
             public      service      companies     and                   transfer of appropriations; however, the
             appropriating funds needed to establish                      President, the President of the Senate, the
             it may originate from the Senate. It is                      Speaker of the House of Representatives, the
             not an appropriation bill, because the                       Chief Justice of the Supreme Court, and the
             appropriation of public funds is not the                     heads of Constitutional Commissions may, by
             principal purpose of the bill.           In                  law, be authorized to augment any item in the
             Association of Small Landowner of the                        general appropriation law for their respective
             Philippines, Inc.       vs.   Secretary of                   offices from savings in other items of their
             Agrarian Reform, 175 SCRA 343, it was                        respective appropriations.”
             held that a law is not an appropriation
             measure if the appropriation of public                       In Philippine Constitution vs. Enriquez, 235
             funds is not its principal purpose and the                   SCRA 506, 544, the Supreme Court held that a
             appropriation is only incidental to some                     provision in the General Appropriation Act
             other objective.                                             authorizing the Chief of Staff to use savings to
         (b) A bill creating a joint legislative-                         augment the funds or the AFP Retirement and
             executive commission to give, on behalf                      Separation        Benefits     Systems      was
             of the Senate, its advice, consent and                       unconstitutional.
             concurrence to treaties entered into by
             the President is unconstitutional. The                           “While Section 25(5) allows as an exception
             Senate cannot delegate this function to                      the realignment of savings to augment items in
             such a commission, because under                             the general appropriations law for the executive
             Section 21, Article VII of the                               branch, such right must and can be exercised
             Constitution, the concurrence of at least                    only by the President pursuant to a specific law.”
             two-thirds of Senate itself is required for
             the ratification of treaties.                 Bar Question
                                                           Q: Explain how the automatic appropriation of public
                                                           funds for debt servicing can be reconciled with Article VI,
POWER OF APPROPRIATION                                     Section 29(1) of the constitution. Said provision says that
                                                           “no money shall be paid out of the Treasury except in
Bar Question                                               pursuance of an appropriation made by law”.
Q: Suppose the President submits a budget
which does not contain provisions for CDF                  A: As stated in Guingona vs Carague, 196 SCRA 221, the
(Countrywide Development Funds), popularly                 presidential decrees providing for the appropriation of funds to
                                                           pay the public debt do not violate Section 29(1), Article VI of
the Constitution. They provide for a continuing                             are not otherwise provided by law; and
appropriation, there is no constitutional prohibition                       (a.5) Those whom he may be authorized by
against this. The presidential decrees appropriate as                       law to appoint.
much money as is needed to pay the principal,                      (b) According to Sarmiento vs. Mison, 156 SCRA
interest, taxes and other normal banking charges on                    549, the only officers whose appointments need
the loan.      Although no specific amounts are                        confirmation     by     the    Commission        on
mentioned, the amounts are certain because they can                    Appointments are the head of executive
be computed from the books of the national Treasury.                   departments,     ambassadors,       other     public
                                                                       ministers and consuls, officers of the armed
Bar Question                                                           forces from the rank of colonel or naval captain,
Q: Upon request of a group of overseas contract                        and other officials whose appointments are
workers in Brunei, Rev. Father Juan de la Cruz, a                      vested in the President by the Constitution.
Roman Catholic priest, was sent to that country                    (c) Under Section 20, Article VII of the Constitution,
by the President of the Philippines to minister to                     the power of the President to contract or
their spiritual needs. The travel expenses, per                        guarantee loans on behalf of the Republic of the
diems, clothing allowance and monthly stipend of                       Philippines is subject to the prior concurrence of
P5, 000.00 were ordered charged against the                            the Monetary Board and subject to such
President’s discretionary fund. Upon post audit                        limitations as may be prescribed by law.
of the vouchers therefor, the Commission on                        (d) According to Section 28(2), Article VI of the
Audit refused approval thereof claiming that the                       Constitution, Congress may, by law, authorize
expenditures were in violation of the Constitution.                    the President to fix within specified limits, and
    Was the Commission on Audit correct in                             subject to such limitations and restrictions it may
disallowing the vouchers in question?                                  impose, tariff rates, import and export quotas,
                                                                       tonnage and wharfage dues and other duties or
A: Yes, the Commission on Audit was correct in                         imposts within the framework of the national
disallowing the expenditures, Section 29(2), Article VI                development program of the Government.
of the Constitution prohibits the expenditure of public
funds for the use, benefit or support of any priest.
The only exception is when the priest is assigned to       LEGAL STANDING
the armed forces, or to any penal institution, or
government orphanage or leprosarium. The sending           Bar Question
of a priest to minister to the spiritual needs of          Q: When the Marcos administration was toppled by the
overseas contract workers does not fall within the         revolutionary government, the Marcoses left behind
scope of any of the exceptions.                            several Old Masters’ paintings and antique silverware said
                                                           to have been acquired by them as personal gifts.
                                                           Negotiations were then made with Ellen Layne of London
APPOINTING POWER OF THE PRESIDENT                          for their disposition and sale at public auction. Later, the
                                                           government entered in a “Consignment Agreement”
Bar Question                                               allowing Ellen Layne of London to auction off the subject
Q:                                                         art pieces. Upon learning of the intended sale, well-known
       (a) What are the six categories of                  artists, patrons and guardians of the arts of the
            officials who are subject to the               Philippines filed a petition in court to enjoin the sale and
            appointing power of the President?             disposition of the valued items asserting that their cultural
       (b) Name the category or categories of              significance must be preserved for the benefit of the
            officials whose appointments need              Filipino people.
            confirmation by the Commission on
            Appointments?                                          (a) Can the court take cognizance of the case?
       (c) What are the restrictions prescribed                    (b) What are the requisites for a taxpayer’s suit
            by the Constitution on the power of                        to prosper?
            the President to contract or
            guarantee foreign loans on behalf of           A:
            the Republic of the Philippines?                       (a) No, the court cannot take cognizance of the
            Explain.                                                   case.      As held in Joya vs. Presidential
       (d) What are the limitation/restriction                         Commission on Good Government, 225 SCRA
            provided by the Constitution on the                        569, since the petitioners were not the legal
            power of Congress to authorize the                         owners of paintings and antique silverware, they
            President to fix tariff rates, import                      had no standing to question their disposition.
            and export quotas, tonnage and                             Besides, the paintings and the antique silverware
            wharfage dues. Explain.                                    did not constitute important cultural properties or
                                                                       national cultural treasures, as they had no
A:                                                                     exceptional historical and cultural significance to
         (a) Under Section 16, Article VII of the                      the Philippines.
             Constitution, the six categories of                   (b) According to Joya vs. Presidential Commission
             officials who are subject to the                          on Good government, 225 SCRA 568, for a
             appointing power of the President are                     taxpayer’s suit to prosper, four requisites must be
             the following:                                            considered: (1) the question must be raised by
                   (a.1)     Head      of      executive               the proper party: (2) there must be an actual
                   departments;                                        controversy; (3) the question must be raised at
                   (a.2) Ambassadors, other public                     the earliest possible opportunity: and (4) the
                   ministers and consuls;                              decision on the constitutional or legal question
                   (a.3) Officers of the armed forces                  must be necessary to the determination of the
                   from the rank of colonel or naval                   case.     In order that a taxpayer may have
                   captain;                                            standing to challenge the legality of an official act
                   (a.3)    Other     officers   whose                 of the government, the act being questioned
                   appointments are vested in him by                   must involve a disbursement of public funds upon
                   the Constitution;                                   the theory that the expenditure of public funds for
                   (a.4) All other officers of the                     an unconstitutional act is a misapplication of such
                   government whose appointments
             funds, which may be enjoined at the                   (a) According to Section 1, Article VIII of the 1987
             instance of a taxpayer.                                   Constitution, judicial power is vested in one
                                                                       Supreme Court and in such lower courts as may
                                                                       be established by law. It includes the duty of the
JUDICIAL POWER                                                         courts of justice to settle actual controversies
                                                                       involving rights which are legally demandable
Bar Question                                                           and enforceable, and to determine whether or not
                                                     nd
Q: Judicial power as defined in Section 1, 2                           there has been a grave abuse of discretion
par., Article VIII, 1987 Constitution, now “includes                   amounting to lack or excess of jurisdiction on the
the duty of the Courts of Justice to settle actual                     part of any branch or instrumentality of the
controversies involving rights which are legally                       Government.
demandable and enforceable, and to determine                       (b) No, the motion should not be granted. Section
whether or not there has been a grave abuse of                         15(4), Article VIII of the 1987 Constitution
amounting to lack of excess of jurisdiction on the                     provides:
part of any branch or instrumentality of the
Government.” This definition is said to have                                “Despite the expiration of the applicable
expanded the power of the judiciary to include                              mandatory period, the court, without
political    questions     formerly     beyond      its                     prejudice to such responsibility as may have
jurisdiction.                                                               been incurred in consequence thereof, shall
          (a) Do you agree with such as                                     decide or resolve the case or matter
              interpretation of the constitutional                          submitted thereto for determination, without
              definition of judicial power that                             further delay.”
              would authorize the courts to review
              and, if warranted, reverse the
              exercise of discretion by the political     POWER OF LEGISLATIVE INVESTIGATION
              departments         (executive       and
              legislative) of the government,             Bar Question
              including       the      Constitutional     Q:
              Commissions? Discuss fully.                          A case was filed before the Sandiganbayan
          (b) In your opinion, how should such            regarding a questionable government transaction. In the
              definition be construed so as not to        course of the proceedings, newspaper linked the name of
              erode considerably or disregard             Senator J. de Leon to the scandal.
              entirely the existing          “political           Senator de Leon took the floor of the Senate to
              question” doctrine? Discuss fully.          speak on a “matter of personal privilege” to vindicate his
                                                          honor against those “baseless and malicious” allegations.
A:                                                        The matter was referred to the Committee on
                                                          Accountability of Public Officers, which proceeded to
         (a) Yes, the second paragraph of Section 1,      conduct a legislative inquiry. The Committee asked Mr.
             Article VIII of the 1987 Constitution has    Vince Ledesma, a businessman linked to the transaction
             expanded the power of the judiciary to       and now a respondent before the Sandiganbayan, to
             include political questions. This was not    appear and to testify before the Committee.
             found in the 1935 and the 1973                       Mr. Ledesma refuses to appear and file suit before
             Constitution. Precisely, the framers of      the Supreme Court to challenge the legality of the
             the 1987 constitution intended to widen      proceedings before the Committee. He also asks whether
             the scope of judicial review.                the Committee had the power to require him to testify.
         (b) As pointed out in Marcos vs.                         Identify the issues involved and resolve them.
             Manglapus, 177 SCRA 668, so as not to
             disregard entirely the political question    A:
             doctrine, the extent of judicial review               The issues involved in this case are the following:
             when political questions are involved                     (a) Whether or not the Supreme court has
             should be limited to a determination of                        jurisdiction to entertain the case;
             whether or not there has been a grave                     (b) Whether or not the Committee on
             abuse of discretion amounting to lack or                       Accountability of Public Officers has the
             excess of jurisdiction on the part of the                      power to investigate a matter which is
             official whose act is being questioned. If                     involved in a case pending in court; and
             grave abuse of discretion is not shown,                   (c) Whether or not the petitioner can invoke his
             the courts should not substitute their                         right against self-incrimination.
             judgment for that of the official
             concerned and decide a matter which                  All these issues were resolved in the case of Bengzon
             by its nature or by law is for the latter    vs. Senate Blue Ribbon Committee, 203 SCRA 767.
             alone to decide.
                                                                     The Supreme Court has jurisdiction over the case
Bar Question                                              because it involves the question of whether or not the
Q:                                                        Committee on Accountability of Public Officers has the power
       (a) Where is judicial power vested?                to conduct the investigation. Under Section 1, Article VIII of
            What are included in such power?              the Constitution, judicial power includes the duty of the courts
       (b) Despite the lapse of 4 months from             to determine whether or not any branch of the government is
            the time that the trial was terminated        acting with grave of abuse of discretion amounting to lack of
            and the case submitted for decision,          jurisdiction.
            the trial court failed to decide the
            case. The defense counsel moved to                     The Committee on Accountability of Public Officers
            dismiss the case on the ground that           has no power to investigate the scandal. Since the scandal is
            after the lapse of 90 days, the court         involved in a case pending in court, the investigation will
            had lost jurisdiction to decide the           encroach upon the exclusive domain of the court. To allow the
            case.      Should the motion be               investigation will create the possibility of conflicting judgments
            granted?                                      between the committee and the court. If the decision of the
                                                          committee were reached before e that of the court, it might
A:                                                        influence the judgment of the court.
                                                                              6.   A retired Justice of the Supreme Court;
          The petitioner can invoke his right against                              and
self-incrimination, because this right is available in all                    7.   A representative of the private sector.
proceedings. Since the petitioner is a respondent in                               (Section 8(1), Article VIII of the
the case pending before the Sandiganbayan, he may                                  Constitution)
refuse to testify.
                                                                              The term of office of the regular members is
                                                                              four (4) years. (Section 8(2), Article VIII of
EN BANC/DIVISION CASES                                                        the Constitution)

Bar Question                                                         (d) Under Section 3, Article VIII of the Constitution,
Q:                                                                       the fiscal autonomy of the Judiciary means that
       (a) Enumerate the cases required by the                           appropriations for the Judiciary may not be
            Constitution to be heard en banc by                          reduced by the legislature below the amount
            the Supreme Court?                                           appropriated for the previous year and, after
       (b) What does it mean when a Supreme                              approval, shall be automatically and regularly
            Court Justice concurs in a decision                          released.
            pro hac vice?
       (c) What is the composition of the                                 In Bengzon vs. Drilon, 208 SCRA 133, the
            Judicial and Bar Council and the                              Supreme Court explained that fiscal autonomy
            term of office of its regular                                 contemplates a guarantee of full flexibility to
            members?                                                      allocate and utilize resources with the wisdom
       (d) What do you understand by the                                  and dispatch that the needs require.             It
            mandate of the Constitution that the                          recognizes the power and authority to deny,
            judiciary shall enjoy fiscal autonomy                         assess and collect fees, fix rates of
            cite the constitutional provisions                            compensation not exceeding the highest rates
            calculated to bring about the                                 authorized by law for compensation and pay
            realization of the said constitutional                        plans of the government and allocate and
            mandate.                                                      disburse such sums as may be provided by law
                                                                          or prescribed by it in the course of the discharge
A:                                                                        of its functions.
         (a) The following are the cases required by
             the Constitution to be heard en banc by         .
             the Supreme Court:                              DOCTRINE OF STATE IMMUNITY

                   1.   Cases         involving        the   Bar Question
                        constitutionality of a treaty,       Q:
                        international     or    executive           (a) What do you understand by state immunity
                        agreement, or law;                               from suit? Explain.
                   2.   Cases which under the Rules                 (b) How may consent of the state to be sued be
                        of Court are required to be                      given? Explain.
                        heard en banc.                              (c) The employees of the Philippine Tobacco
                   3.   Cases         involving        the               Administration (PTA) sued to recover
                        constitutionality, application, or               overtime pay. In resisting such claim, the
                        operation      of     presidential                   PTA              theorized that it is
                        decrees,           proclamations,                performing governmental functions. Decide
                        orders,              instructions,               and explain.
                        ordinances,        and       other          (d) The Province of X required the National
                        regulations;                                     Development Company to pay real estate
                   4.   Cases heard by a division                        taxes on the land being occupied by NDC and
                        when the required majority is                    the latter argued that since it is a
                        not obtained;                                    government-owned         corporation,     its
                   5.   Cases where a doctrine or                        properties are exempt from real estate taxes.
                        principle of law previously laid                 If you were the Judge, how would you decide
                        down will be modified or                         the case? Reason out.
                        reversed;
                   6.   Administrative cases against         A:
                        judges when the penalty is
                        dismissal; and                               (a) State immunity from suit means that the State
                   7.   Election contests for President                  cannot be sued without its consent. A corollary
                        or Vice-President.                               of such principle is that properties used by the
                                                                         State in the performance of its governmental
         (b) When a decision is pro hac vice, it                         functions cannot be subject to judicial execution.
             means the ruling will apply to this                     (b) Consent of the State to be sued may be made
             particular case only.                                       expressly as in the case of a specific, express
         (c) The Judicial and Bar Council is                             provision of law as waiver of State immunity from
             composed of the following:                                  suit is not inferred lightly or impliedly as when the
                                                                         State engages in proprietary functions or when it
                   1.   The Chief Justice as ex officio                  files a suit in which case the adverse party may
                        chairman;                                        file a counter-claim or when the doctrine would in
                   2.   The Secretary of Justice as ex                   effect be used to perpetuate an injustice.
                        officio member;                              (c) As held in Philippine Virginia Tobacco
                   3.   A representative of Congress                     Administration vs. Court of Industrial Relations,
                        as ex officio member;                            65 SCRA 416, the Philippine Tobacco
                   4.   A     representative  of   the                   Administration is not liable for overtime pay,
                        Integrated Bar;                                  since it is performing governmental functions.
                   5.   A professor of law;                              Among its purposes are to promote the effective
                                                                         merchandising of tobacco so that those engaged
             in the tobacco industry will have              Sovereign king awarded Governor A with a decoration of
             economic security, to stabilize the price      honor and gifted him with a gold ring of insignificant
             of tobacco, and to improve the living          monetary value, both of which he accepted.
             and economic conditions of those                        Was Governor A’s acceptance of the decoration
             engaged in the tobacco industry.               and gift violative of the Constitution?
         (d) In National Development Company vs.
             Cebu City, 215 SCRA 382, the Supreme           Answer:
             court    held    that    the     National               Yes, it violated Section 8, Article IX-B of the
             Development company was not liable             Constitution. For his acceptance of the decoration of honor and
             for real estate tax on the property            the gold ring from the Government of Cambodia to be valid.
             belonging to the government which it           Governor A should first obtain the consent of Congress.
             occupy. However, Section 234 lf the
             Local Government code subsequently                                       Bar Question
             withdrew the exemption from real
             property taxes of government-owned or
             controlled corporations. If I were the         Q: 1) A, an associate justice of the Supreme Court reach
             Judge, I would hold the National               the age of seventy on July 1, 1996. there was a case
             Development Company liable for real            calendared for deliberation on that day where the vote of A
             estate taxes.                                  was crucial.
                                                                     Can A hold over the position and participate in
Bar Question                                                deliberation of the case on July 1, 1996? Explain.
Q: It is said that “waiver of immunity by the State
does not mean a concession of its liability”. What                   2) A, an employee of the National Treasurer,
are the implications of this phrase?                        retired on January 10, 1996. before she could collect her
                                                            retirement benefits, the National Treasurer discovered that
A: The phrase that waiver of immunity by the State          A had been negligent in the encashment of falsified
does not mean a concession of liability means that by       treasury warrants. It appears, however, that A had
consenting to be sued, the State does not necessarily       received all money and property clearances from the
admit it is liable. As stated in Philippine Rock            National Treasurer before her retirement.
Industries, inc. vs. Board of Liquidators, 180 SCRA                  Can the National Treasurer withhold the
171, in such a case the State is merely giving the          retirement of A pending determination of her negligence in
plaintiff a chance to prove that the State is liable but    the encashment of the falsified treasury warrants?
the State retains the right to raise all lawful defenses.   Explain.

Bar Question                                                Answer:
Q:      The Municipality of Antipolo, Rizal,                          1)   No, A cannot hold over his position as Associate
expropriated the property of Juan Reyes for use                            Justice of the Supreme Court and participate in
as a public market.        The Municipal council                           the deliberations of the case on July 1, 1996.
appropriated P1, 000,000.00 for the purchase of                            under Section 11, Article VIII of the Constitution,
the lot but the Regional Trial Court, on the basis                         Members of the Supreme Court hold office until
of the evidence, fixed the value at P2, 000,000.00.                        they reach the age of seventy years or become
                                                                           incapacitatd     to    discharge    their   duties.
         (a) What legal action can Juan Reyes                              Constitutional officers whose terms are fixed by
             take to collect the balance?                                  the Constitution have no right to hold over their
         (b) Can Juan Reyes and the Regional                               positions until their successors shall have been
             Trial    Court     to   garnish   the                         appointed and qualified unless otherwise
             Municipality’s account with the Land                          provided in the Constitution. (Mechem, A Treaties
             Bank?                                                         on the Law of Public Offices and Officers, p. 258)

A:                                                                    2)   In accordance with Tantuico v. Domingo, 230
                                                                           SCRA 391 and Cruz v. Tantuico, 166 SCRA 670,
         (a) To collect the balance of judgment, as                        the National Treasurer cannot withhold the
             stated in Tan Toco vs. Municipal                              payment of the retirement benefits of A pending
             Counsel of Iloilo, 49 Phil. 52, Juan                          determination of her liability for negligence in the
             Reyes may levy on patrimonial                                 encashment of the falsified treasury warrants,
             properties of the Municipality of                             because her retirement benefits are exempt from
             Antipolo.     If it has no patrimonial                        execution.
             properties, in accordance with the
             Municipality of Makati vs. Court of
             Appeals, 190 SCRA 206, the remedy of                                     Bar Question
             Juan Reyes is to file a petition for
             mandamus to compel the Municipality
             of Antipolo to appropriate the necessary       Q: A Commission on Elections (COMELEC) resolution
             funds to satisfy the judgment.                 provides that political parties supporting a common set of
         (b) Pursuant to the ruling in Pasay City           candidates shall be allowed to purchase jointly air time
             Government vs. Court of First Instance         and the aggregate amount of advertising space purchased
             of manila, 132 SCRA 156, since the             for campaign purposes shall not exceed that allotted to
             Municipality of Antipolo has appropriate       other political parties or groups that nominated only one
             P1,000,000.00 to pay for the lot, its          set of candidates. The resolution is challenged as a
             bank account may be garnished bur up           violation of the freedom of speech and of the press. Is the
             to this amount only.                           resolution constitutionally defensible? Explain.

                                                            Answer:
                     Bar Question                                    Yes, the resolution is constitutionally defensible.
                                                            Under Section 4, Article IX-C of the 1987 Constitution, during
Q: A, while an incumbent Governor of his                    the election period the Commission on Elections may
province, was invited by the Government of                  supervise or regulate the media of communication or
Cambodia as its official guest. While there the             information to ensure equal opportunity, time, and space
among candidates with the objective of holding free,
orderly, honest, peaceful and credible elections. To         Alternative Answer:
allow candidates which are supported by more than                        Neither Jose Reyes nor Vicente Estrada has a better
one political party to purchase more air time and            right to be appointed City Engineer. As held in Barrozo v. CSC,
advertising space than candidates supported by one           198 SCRA 487, the appointing authority is not required to
political party only will deprive the latter of equal time   appoint the one next-in-rank- to fill a vacancy. He is allowed to
and space in the media.                                      fill it also by the transfer of an employee who possesses civil
                                                             service eligibility.
Alternative Answer:
          No. although the expenditure limitation                      2) According to the ruling in Medalla v. Sto. Tomas,
applies only to the purchase of air time, thus leaving       208 SCRA 351, the Civil Service Commission cannot dictate to
political parties free to spend for other forms of           the appointing power whom to appoint. Is function is limited to
campaign, the limitation nonetheless results in a            determining whether or not the appointee meets the minimum
direct and substantial reduction of the quantity of          qualification requirements prescribed for the position.
political speech by restricting the number of issues         Otherwise, it would be encroaching upon the discretion of the
that can be discussed, the depth of                          appointing power.


their discussion and the size of the audience that can                                Bar Question
be reached, through the broadcast media. Since the
purpose of the Free Speech Clause is to promote the          Q: The Constitution distinguishes between two types of
widest possible dissemination of information, and the        owned and/or controlled corporations: those with original
reality is that to do this requires the expenditure of       charters and those which are subsidiaries of such
money, a limitation on expenditure of money, a               corporations. In which of the following rule/rules is such a
limitation on expenditure for this purpose cannot be         distinction made? Consider each of the following items
justified, not even for the purpose of equalizing the        and explain briefly your answer, citing pertinent
opportunity of political candidates. This is the ruling in   provisions of the Constitution.
Buckley, v. Valeo, 424 U.S. 1 (1976), which
invalidated a law limiting the expenditures of                   1.   The rule prohibiting the appointment to certain
candidates for campaigning in the United States. In                   government positions, of the spouse and relatives
the Philippines, a provision of the Tanada- Singson                   of the President within the fourth degree of
Law, limiting the period for campaigning, was nearly                  consanguinity or affinity. (2%)
invalidated on this same principle, except that the
majority of court lacked one more vote to make their             2.   The rule making it incompatible for members of
decision effective. (See Gonzalez v. Comelec, 27                      Congress to hold offices or employment in the
SCRA 835(1969).                                                       government. (2%)

                                                                 3.   The     rule   prohibiting     members     of    the
Q: Pedro Cruz, the City Engineer of Baguio,                           Constitutional Commissions, during their tenure,
retired. To fill the vacant position, the City Mayor                  to be financially interested in any contract with or
appointed Jose Reyes, a civil engineer who                            any franchise or privilege granted by the
formerly worked under Cruz but had been                               government. (2%)
assigned to the Office of the Mayor for the past
five years.                                                      4.   The rule providing for post audit by the COA of
         Vicente Estrada, the Assistant City                          certain government agencies. (2%)
Engineer filed a protest with the Civil Service
Commission claiming that being the officer next
in rank he should have been appointed as City
Engineer.                                                    5. The rule requiring Congress to provide for the
         1) Who has a better right to be                     standardization of compensation of government officials
              appointed to the contested position?           and employees. (2%)
         2) Can the Civil Service Commission
              revoke an appointment by the
              appointing power and direct the                SUGGESTED ANSWER:
              appointment of an individual of its
              choice?                                        1. Section 13, Article VII of the Constitution, which prohibits the
                                                             President from appointing his spouse and relatives within the
Answer:                                                      fourth degree of consanguinity or affinity does not distinguish
           1) On the assumption that Jose Reyes              between government corporations with original charters and
possesses the minimum qualification requirements             their subsidiaries, because the prohibition applies to both.
prescribed by law for the position, the appointment
extended to him is valid. Consequently, he has a             2. Section 13, Article VII of the Constitution, which prohibits
better right that Vicente Estrada.                           Members of Congress from holding any other office during
           The claim of Estrada that being the officer       their term without forfeiting their seat, does not distinguish
next in rank he should have been appointed as City           between government corporations with original charters and
Engineer is not meritorious. It is a settled rule that the   their subsidiaries, because the prohibition applies to both.
appointing authority is not limited to promotion in
filling up vacancies but may choose to fill them by the      3. Section 2, Article IX-A of the Constitution, which prohibits
appointment of persons with civil service eligibility        Members of the Constitutional Commissions from being
appropriate to the position. Even if a vacancy were to       financially interested in any contract with or any franchise or
be filled by promotion, the concept of “next in rank”        privilege granted by the Government, does not distinguish
does not import any mandatory requirement that the           between government corporations with original charters and
person next in rank must be appointed to the                 their subsidiaries, because the prohibition applies to both.
vacancy. What the civil service law provides is that if
a vacancy is filled by promotion the person holding          4. Section 2(1), Article IX-D of the Constitution, which provides
the position next in rank thereto “ shall be considered      for post audit by the Commission on Audit of government
for promotion.” (Espanol v. Civil Service Commission,        corporations, does not distinguish between government
206 SCRA 715)                                                corporations, does not distinguish between government
corporations with original charters and their            (4) Career officers other than those in the career executive
subsidiaries, because the provision applies to both.     service, who are appointed by the President;

5. Section 5, Article IX-B of the Constitution which     (5) Commissioned officers and enlisted men of the Armed
provides for the standardization of the compensation     Forces;
of government officials and employees, distinguishes
between government corporations and their                (6) Personnel of government – owned or controlled
subsidiaries, for the provision      applies only to     corporations, whether performing governmental or proprietary
government corporations with original charters.          functions, who do not fall under the non-career service; and

                                                         (7) Permanent laborers, whether skilled, semi-skilled, or
                    Bar Question                         unskilled.

Q:                                                       C. The claim of the retrenched employees falls under the
A. What is the meaning and guarantee of security         jurisdiction of the National Labor Commissions and not under
of tenure? (2%)                                          the jurisdiction of the Civil Service Commission. As held in
                                                         Lumanta v. National Labor Relations Commission, 170 SCRA
B. What characteristic the career service and what       79, since Food Terminal, Inc. was organized under the
are included service? (2%)                               Corporation Law and was not created by a special law in
                                                         accordance with Section 2 (1), Article IX-B of the Constitution,
C. Luzviminda Marfel, joined by eleven other             it is not covered by the civil service.
retrenched employees, filed a complaint with the
Department of Labor and Employment (DOLE) for
unpaid     retrenchment     or    separation    pay,     Q:
underpayment of wages and non – payment of               1) A and B were the only candidates for mayor of Bigaa,
emergency cost of living allowance. The                  Bulacan in the May 1995 local elections. A obtained 10,
complaint was filled against Food Terminal Inc.          000 votes as against 3,000 votes for B. In the same
moved of dismiss on the ground of lack of                elections, X got the highest number of votes among the
jurisdiction, theorizing that it is a government –       candidates for the Sangguniang Bayan of the same town.
owned and controlled corporation and it’s                A died the day before his proclamation.
employees are governed by the Civil Service Law
and not by the Labor Code. Marfel opposed the                      a)   Who should the Board of Canvassers
motion to dismiss, contending that although Food                        proclaim as elected mayor, A, B or X?
Terminal, Inc. is a corporation owned and                               Explain.
controlled by the government earlier created and                   b)   Who is entitled to discharge the functions of
organized under the general corporation law as                          the office of the mayor, B or X? Explain.
“The Greater Manila Food Terminal, Inc.” it has
still the marks of a private corporation: it directly    2) X, a member of the House of Representatives, was
hires it’s employees without seeking approval            serving his third consecutive term in the House. In June
from the Civil Service Commission and it’s               1996 he was appointed Secretary of National Defense.
personnel are covered by the Social Security
System and not the Government Service                            Can he run for election to the Senate in the 1998
Insurance System. The question posed in the              elections? Explain.
petition for certiorari at bar is whether or not a
labor law claim against a government- owned or           Answer:
controlled corporation like the Food Terminal, Inc.                1.a) In accordance with Benito v. Comelec, 235
falls within the jurisdiction of the Department of       SCRA 436, it is A who should be proclaimed as winner,
Labor and Employment or the Civil Service                because he was the one who obtained the highest number of
Commission? Decide and ratiocinate. (4%)                 votes for the position of mayor, but a notation should be made
                                                         that he died for the purpose of applying the rule on succession
SUGGESTED ANSWER:                                        to office. B cannot be proclaimed, because the death of the
                                                         candidate who obtained the highest number of votes does not
A. According to Palmera v. Civil Service Commission,     entitle the candidate who obtained the next highest number of
235 SCRA 87, security of tenure means that no officer    votes to be proclaimed the winner, since he was not the choice
or employee in the Civil Service shall be suspended      of the electorate. X is not entitled to be proclaimed elected as
or dismiss except for cause or provided by law and       mayor, because he ran for the Sangguniang Bayan.
after due process.
                                                                   b) Neither B nor X is entitled to discharge the
B. According to Section 7, Chapter 2, Title 1, Book V    functions of the office of mayor. B is not entitled to discharge
of the administrative Code of 1987, the career service   the office of mayor, since he was defeated in the election. X is
is characterized by (1) entrance based on merit and      not entitled to discharge the office of mayor. Under Section 44
fitness to be determined as far as practicable by        of the Local Government Code, it is the vice mayor who should
competitive examination or based on highly technical     succeed in case of permanent vacancy in the office of the
qualification; (2) opportunity for advancement to        mayor. It is only when the position of the vice mayor is also
higher career position; and (3) security of tenure.      vacant that the member of the Sangguniang Bayan who
                                                         obtained the highest number of votes will succeed to the office
The career service included:                             of mayor.

(1) Open career position for appointment to which                  2) Yes, X can run for the Senate in the 1998 election.
prior qualification in an appropriate examination is     Under Section 7, Article X of the Constitution, having served
required;                                                for three consecutive terms as Member of the House of
                                                         Representatives, X is only prohibited from running for the same
(2) Closed career positions which are scientific or      position.
highly technical in nature;
                                                                                 Bar Question
(3) Positions in the career executive service;
                                                         Q: Pedro Cruz, the City Engineer of Baguio, retired. To fill
                                                         the vacant position, the City Mayor appointed Jose Reyes,
a civil engineer who formerly worked under Cruz                        1) A is senior to B. In accordance with the ruling in
but has been assigned to the Office of the Mayor               Summers v. Ozaeta, 81 Phil. 754, the ad interim appointment
for the past five years.                                       extended to A is permanent and is effective upon his
                                                               acceptance although it is subject to confirmation by the
        Vicente Estrada, the Assistant City                    Commission on Appointments.
Engineer filed a protest with the Civil Service
Commission claiming that being the officer next                         2) If Congress adjourned without the appointments of
in rank he should have been appointed as City                  A and B having been confirmed by the Commission on
Engineer.                                                      Appointments, A cannot return to his old position. As held in
                                                               Summers v. Ozaeta, 81 Phil. 754, by accepting an ad interim
          1)   Who has a better right to be                    appointment to a new position, A waived his right to hold his
               appointed to the contested position?            old position. On the other hand since B did not assume the
          2)   Can the Civil Service Commission                new position, he retained his old position.
               revoke an appointment by the
               appointing power and direct the
               appointment of an individual of its                                        Bar Question
               choice?
                                                               Q: A City Mayor in Metro Manila was designated as
Answer:                                                        Member of the Local Amnesty Board (LAB) as allowed
                                                               under the Rules and Regulations Implementing Amnesty
          1) On the assumption that Jose Reyes                 Proclamation Nos. 347 and 348, as amended by
possesses the minimum qualification requirements               Proclamation No. 377. The LAB is entrusted with the
prescribed by law for the position, the appointment            functions of receiving and processing applications for
extended to him is valid. Consequently, he has a               amnesty and recommending to the National Amnesty
better right than Vicente Estrada.                             Commission approval or denial of the applications. The
                                                               term of the Commission and, necessarily, the Local
                                                               Amnesty Boards under it expires upon the completion of
                                                               its assigned tasks as may be determined by the President.
           The claim of Estrada that being the officer
next in rank he should have been appointed as City                       May the City Mayor accept his designation
Engineer is not meritorious. It is a settled rule that the     without forfeiting his elective position in the light of the
                                                                                           st
appointing authority is not limited to promotion in            provision of Sec. 7, 1 par., Art. IX-B of the 1987
filling up vacancies but may choose to fill them by the        Constitution which pertinently states that :[N]o elective
appointment of persons with civil service eligibility          official shall be eligible for appointment or designation in
appropriate to the position, even if a vacancy were to         any capacity to any public office or position during his
be filled by promotion, the concept of “next in rank           tenure?”
thereto “shall be considered for promotion.” Espanol
v. Civil Service Commission, 206 SCRA 715.                               Discuss fully.

Alternative Answer:                                            Answer:
                                                                        No, the City Mayor may not accept his designation
            Neither Jose Reyes nor Vicente Estrada has         without forfeiting his elective positions. As stated in Flores v.
a better right to be appointed City engineer. As held in       Drilon, 223 SCRA 568, it is the intention of Section 7, Article X-
Barrozo v. CSC, 198 SCRA 487, the appointing                   B of the 1987 Constitution that local elective officials should
authority is not required to appoint the one next-in-          devote their full time to their constituents. While second
rank to fill a vacancy. He is allowed to fill it also by the   paragraph of Section 7, Article IX-B of the 1987 Constitution
transfer of an employee who possesses civil service            allows appointive officials to hold other offices when allowed by
eligibility.                                                   law or by the primary functions of their positions, no such
                                                               exception is made in the first paragraph, which deals with
          According to the ruling in Medalla v. Sto.           elective officials. It is the intention of the 1987 Constitution to
Tomas , 208 SCRA 351, the Civil Service                        be more stringent with elective local officials.
Commission cannot dictate to the appointing power
whom to appoint. Its function is limited to determining        Alternative Answer:
whether or not the appointee meets the minimum                           Yes, he may accept such designation without
qualification requirements prescribed for the position.        forfeiting his mayorship. The Constitutional provision being
Otherwise, it would be encroaching upon the                    cited contemplates a “public office or position”. It is believed
discretion of the appointing power.                            that the Local Amnesty Board is not such an office since it is
                                                               merely an ad hoc body. Besides, it is believed that its functions
                                                               are not “sovereign” in character which is one of the elements of
Q: In December 1988, while Congress was in                     a public office.
recess, A was extended an ad interim
appointment as Brigadier General of the
Philippine Army. In February 1989, when
Congress was in session, B was nominated as                                               Bar Question
Brigadier General of the Philippine Army. B’s
nomination was confirmed on August 5, 1989                     Q:
while A’s appointment was confirmed on                                 1) When is an appointment in the civil service
September 5, 1989.                                             permanent?
                                                                       2)Distinguish between an “appointment in an
          1) Who is deemed more senior of the two,             acting capacity” extended by a Department Secretary from
A or B?                                                        an ad ad interim appointment extended by the President.
        2) Suppose Congress adjourned without                          3) Distinguish between a provisional and a
the Commission on Appointments acting on both                  temporary appointment.
appointments, can A and B retain their original
ranks of colonel?                                              Answer:

Answer:                                                                1) Under Section 25 (a) of the Civil Service Decree,
                                                               an appointment in the civil service is permanent when issued
to a person who meets all the requirements for the             there is no appropriate register of eligibles at the time of the
position to which he is being appointed, including the         appointment.
appropriate eligibility prescribed, in accordance with
the provisions of law, rules and standards                               In other words, the reason for extending a provisional
promulgated in pursuance thereof.                              appointment is not because there is an occasional work to be
                                                               done and is expected to be finished in not more thatn six
          2) An appointment in an acting capacity              months but because the interest of the service requires that
extended by a Department Secretary is not                      certain work be done by a regular employee, only that no one
permanent but temporary. Hence, the Department                 with appropriate eligibility can be appointed to do such work in
Secretary may terminate the services of the appointee          the meantime that a suitable eligible does not qualify for the
at any time. On the other hand, an ad interim                  position.
appointment extended by the Presidents is an
appointment which is subject to confirmation by the                     To be more precise, a provisional appointment may
Commission on Appointments and was during the                  be extended only to a person who has not qualified in an
recess of Congress. As held in Summers v. Ozaeta,              appropriate examination but who otherwise meets the
81 Phil. 754, an ad interim appointment is permanent.          requirements for appointment to a regular postion in the
                                                               competitive service, meaning one who must anyway be a civil
           3) In Section 24 (d) of the Civil Service Act of    service eligible.
1959, a temporary appointment is one issued to a
person to a position needed only for a limited period                   In the case of a temporary appointment, all that the
not exceeding six months. Under                                law enjoins is that “preference in filling such position be given
Section 25 (b) of the Civil Service Decree, a                  to persons on appropriate eligible lists.” Merely giving
temporary appointment is one issued to a person who            preference presupposes that even a non-eligible may be
meets all the requirements for the position to which he        appointed. Under the law, even if the appointee has the
is being appointed except the appropriate civil service        required civil service eligibility, his appointment is still
eligibility because of the absence of appropriate              temporary simply because such is the nature of the work to be
eligibles and it is necessary in the public interest to fill   done.
the vacancy. On the other hand, Section 24 (e) of the
Civil Service Act of 1959 defined a provisional                        NOTE: Since provisional appointments have already
appointment as one issued upon the prior                       been abolished examinees should be given full credit for
authorization of the Civil Service Commission in               whatever answer they may or may not give.
accordance with its provisions and the rules and
standards promulgated in pursuance thereto to a
person who has not qualified in an appropriate
examination but who otherwise meets the                        AMENDMENTS OR REVISIONS
requirements for appointment to a regular position in
the competitive service, whenever a vacancy occurs             Bar Question
and the filling thereof is necessary in the interest of        Q: State the various modes of, and steps in, revising or
the service and there is no appropriate at the time of         amending the Philippine Constitution.
appointment.
                                                               A: There are three modes of amending the Constitution.
        Provisional appointments in general have
already been abolished by Republic Act 6040.                            (a) Under Section 1, Article XVIII of the constitution,
However, it still applies with regard to teachers under                     Congress may by three-fourths vote of all its
the Magna Carta for Public School Teachers.                                 Members propose any amendment to or revision
                                                                            of the Constitution.
Alternative Answer:                                                     (b) Under the same provision, a constitutional
          The case of Regis v. Osmena, 197 SCRA                             convention may propose any amendment to or
308, laid down the distinction between a provisional                        revision of the Constitution. According to Section
and a temporary appointment.                                                3, Article XVII of the Constitution, Congress may
                                                                            by a two-thirds vote of all its Members call a
          A provisional appointment is extended to a                        constitutional convention or by a majority vote of
person who has not qualified in an appropriate                              all its Members submit the question of calling
examination but who otherwise meets the                                     such a convention to the electorate.
requirements for appointment to a regular position in                   (c) Under Section 2, Article XVII of the Constitution,
the competitive service whenever a vacancy occurs                           the people may directly propose amendments to
and the filling thereof is necessary in the interest of                     the Constitution through initiative upon a petition
the service and there is no appropriate register of                         of at least twelve per cent of the total number of
eligible at the time of the appointment. On the other                       registered voters, of which every legislative
hand, a temporary appointment given to a non-civil                          district must be represented by at least three
service eligible is without a definite tenure and is                        percent of the registered voters therein.
dependent on the pleasure of the appointing power.
                                                                             According to Section 4, Article XVII of the
         A provisional appointment is good only until                        constitution, to be valid any amendment to or
replacement by a civil service eligible and in no case                       revision of the Constitution must be ratified by a
beyond 30 days from date of receipt by the appointing                        majority of the votes cast in a plebiscite.
officer of the certificate of eligibility. (Sec. 24 [c],
Republic Act 2260).

          A provisional appointment contemplates a
different situation from that of a temporary
appointment. Whereas a temporary appointment is
designed to fill a position needed only for a limited
period not exceeding six (6) months, a provisional
appointment, on the other hand, is intended for the
contingency that “a vacancy occurs and the filling
thereof is necessary in the interest of the service and

								
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