This case has been cited 3 times or more.
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2016-01-12 |
LEONARDO-DE CASTRO, J. |
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| In her Comment, Reyes contends that the petition is actually one for quo warranto and not mandamus given that it essentially seeks a declaration that she usurped the subject office; and the installation of Velasco in her place by Speaker Belmonte, Jr. when the latter administers his oath of office and enters his name in the Roll of Members. She argues that, being a collateral attack on a title to public office, the petition must be dismissed as enunciated by the Court in several cases.[28] | |||||
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2003-07-10 |
AUSTRIA-MARTINEZ, J. |
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| responsible organization. The Commission may err, so may this court also. It should be allowed considerable latitude in devising means and methods that will insure the accomplishment of the great objective for which it was created free, orderly and honest elections. We may not agree fully with its choice of means, but unless these are clearly illegal or constitute gross abuse of discretion, this court should not interfere. Politics is a practical matter, and political questions must be dealt with realistically not from the standpoint of pure theory. The Commission on Elections, because of its fact-finding facilities, its contacts with political strategists, and its knowledge derived from actual experience in dealing with political controversies, is in a peculiarly advantageous position to decide complex political questions.[45] (Emphasis supplied) The Court has no general powers of supervision over COMELEC which is an independent body "except those specifically granted by the Constitution," that is, to review its decisions, orders and rulings.[46] In the same vein, it is not correct to hold that | |||||
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2003-07-10 |
AUSTRIA-MARTINEZ, J. |
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| Commissioners are not accountable to the President in the discharge of their functions. They have a fixed tenure and are removable only by impeachment.[222] To ensure that not all Commissioners are appointed by the same President at any one time, a staggered system of appointment was devised. Thus, of the Commissioners first appointed, three shall hold office for seven years, three for five years, and the last three for three years.[223] Reappointment and temporary designation or appointment is prohibited.[224] In case of vacancy, the appointee shall only serve the unexpired term of the predecessor.[225] The COMELEC is likewise granted the power to promulgate its own rules of procedure,[226] and to appoint its own officials and employees in accordance with Civil Service laws.[227] The COMELEC exercises quasi-judicial powers but it is not part of the judiciary. This Court has no general power of supervision over the Commission on Elections except those specifically granted by the Constitution.[228] As such, the Rules of | |||||