November 2009 Philippine Supreme Court Decisions on Political Law

Here are selected November 2009 Philippine Supreme Court decisions on political law:

Constitutional Law

Civil Service Commission; jurisdiction. TThe Civil Service Commission (CSC) Caraga has jurisdiction to conduct the preliminary investigation of a possible administrative case of dishonesty against PO1 Capablanca for alleged CSP examination irregularity.

The CSC, as the central personnel agency of the Government, is mandated to establish a career service, to strengthen the merit and rewards system, and to adopt measures to promote morale, efficiency and integrity in the civil service. The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the government, including government-owned or controlled corporations with original charters. Specifically, Section 91 of Republic Act (RA) No. 6975 (1990) or the “Department of Interior and Local Government Act of 1990” provides that the “Civil Service Law and its implementing rules and regulations shall apply to all personnel of the Department,” to which herein petitioner belongs.

Section 12 of Executive Order (EO) No. 292 or the “Administrative Code of 1987,” enumerates the powers and functions of the CSC. In addition, Section 28, Rule XIV of the Omnibus Civil Service Rules and Regulations specifically confers upon the CSC the authority to take cognizance over any irregularities or anomalies connected with the examinations. To carry out this mandate, the CSC issued Resolution No. 991936, or the Uniform Rules on Administrative Cases in the Civil Service, empowering its Regional Offices to take cognizance of cases involving CSC examination anomalies.

Based on the foregoing, it is clear that the CSC acted within its jurisdiction when it initiated the conduct of a preliminary investigation on the alleged civil service examination irregularity committed by the petitioner. Eugenio S. Capablanca vs. Civil Service Commission, G.R. No. 179370, November 18, 2009.

Civil Service Commission; jurisdiction. It has already been settled in Cruz v. Civil Service Commission that the appellate power of the CSC will only apply when the subject of the administrative cases filed against erring employees is in connection with the duties and functions of their office, and not in cases where the acts of complainant arose from cheating in the civil service examinations.  Eugenio S. Capablanca vs. Civil Service Commission, G.R. No. 179370, November 18, 2009.

Constitutionality;  equal protection. The equal protection guarantee under the Constitution is found under its Section 2, Article III, which provides: “Nor shall any person be denied the equal protection of the laws.” Essentially, the equality guaranteed under this clause is equality under the same conditions and among persons similarly situated. It is equality among equals, not similarity of treatment of persons who are different from one another on the basis of substantial distinctions related to the objective of the law; when things or persons are different in facts or circumstances, they may be treated differently in law.

Appreciation of how the constitutional equality provision applies inevitably leads to the conclusion that no basis exists in the present case for an equal protection challenge. The law can treat barangay officials differently from other local elective officials because the Constitution itself provides a significant distinction between these elective officials with respect to length of term and term limitation. The clear distinction, expressed in the Constitution itself, is that while the Constitution provides for a three-year term and three-term limit for local elective officials, it left the length of term and the application of the three-term limit or any form of term limitation for determination by Congress through legislation. Not only does this disparate treatment recognize substantial distinctions, it recognizes as well that the Constitution itself allows a non-uniform treatment. No equal protection violation can exist under these conditions.

From another perspective, we see no reason to apply the equal protection clause as a standard because the challenged proviso did not result in any differential treatment between barangay officials and all other elective officials. This conclusion proceeds from our ruling on the retroactivity issue that the challenged proviso does not involve any retroactive application.  Commission on Elections vs. Conrado Cruz, et al., G.R. No. 186616, November 20, 2009.

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March 2009 Decisions on Constitutional and Related Laws

Here are selected March 2009 decisions on constitutional and related laws:

Administrative Law

Bidding. During the preliminary examination stage, the Bids and Awards Committee (BAC) checks whether all the required documents were submitted by the eligible bidders. Note should be taken of the fact that the technical specifications of the product bidded out is among the documentary requirements evaluated by the BAC during the preliminary examination stage. At this point, therefore, the BAC should have already discovered that the technical specifications of Audio Visual’s document camera differed from the bid specifications in at least three (3) respects, namely: the 15 frames/second frame rate, the weight specification, and the power supply requirement. Using the non-discretionary criteria laid out in R.A. No. 9184 and IRR-A, therefore, the BAC should have rated Audio Visual’s bid as “failed” instead of “passed.” Commission on Audit, etc. vs. Link Worth International Inc., G.R. No. 184173, March 13, 2009.

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