Third Exam heck yeah!! Flashcards
What are the qualifications for President?
(Art. VII, Sec. 2)
- natural-born citizen of the Philippines
- registered voter
- able to read and write
- at least 40 years of age on the day of the election
- a resident of the Philippines for at least 10 years immediately preceding such election.
Can the President be re-elected?
No. (Art. VII, Sec. 4) The President shall not be eligible for any re-election.
Can the Acting President be re-elected? Succeeding President?
Yes BUT ONLY INSOFAR as they had served as such for not more than four years. (Art. VII, Sec. 4) No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.
Can President Estrada be re-elected as President?
The question was not ruled by the SC because it was held as moot and academic when Estrada did not won the election. (Pormento vs. Estrada)
Who decides contests relating to the election, returns, and qualifications over Congress?
HRET or SET
Who decides contests relating to the election, returns, and qualifications over President and Vice-President?
PET
Who decides contests relating to qualifications for candidacy over Congress? President and Vice-President?
COMELEC
How can Congress be board of canvassers when session is already adjourned?
Congress acting as board of canvassers is Congress acting in their non-legislative function – which does not need them to be in session (Pimentel vs. Joint Committee)
What is the case of Tecson vs. COMELEC?
Petitioner Fornier filed a petition before COMELEC to disqualify and cancel the COC of Fernando Poe, Jr. in running as the President of the Philippines on the grounds that he misrepresented in claiming he is a natural-born Filipino. However, COMELEC dismissed the lack of merit and denied the subsequent Motion for Reconsideration. The other petition was from Tecson, questioning the jurisdiction of COMELEC and claiming that the Court has the original and exclusive jurisdiction over the case at hand (Art. VII, Sec. 4, par. 7).
With regards to the petition of Fornier, the Court ruled that it can review the decisions of COMELEC with regards to disqualification cases in accordance with Rule 64 in an action for certiorari under Rule 65 of the Revised Rules of Civil Procedure. This is also in accordance with the Court’s power to review any Commission’s ruling within 30 days (Article IX-A, Section 7) and the Court’s power of judicial review (Article VIII, Section 1). However with regard to the petition of Tecson, the Court ruled that the Court only has jurisdiction on the elections, returns, and qualification of the President and Vice-President, NOT THE CANDIDATES — to which the COMELEC has proper jurisdiction over it.
Can the salary of the President increase during his term? His tenure?
NO re: Term. NO re: Tenure. (Art. VII, Sec. 6) No increase in said compensation shall take effect until after the expiration of the term of the incumbent during which such increase was approved.
Can the salary of the President decrease during his term? His tenure?
Yes: Term. NO re: Tenure. (Art. VII, Sec. 6) The salaries of the President and Vice-President shall be determined by law and shall not be decreased during their tenure.
What is the difference of appointment and designation?
An appointment is the selection by the proper authority of an individual who is to exercise the powers and functions of a given office; a designation merely connotes an imposition of additional duties, usually by law, upon a person already in the public service by virtue of an earlier appointment. (NAC vs. Commission of Appointments)
Designation does not entail payment of additional benefits or grant upon the person. Without an appointment, a designation does not entitle the officer to receive the salary of the position. The legal basis of an employee’s right to claim the salary attached thereto is a duly issued and approved appointment to the position, and not a mere designation.
