Members of Congress cannot
be prosecuted for any words spoken in debate or in connection with voting or
used in written reports or with things generally done in a session of either
House in relation to the business before it. This protection is extended to
them during the session on the occasion of the exercise of their functions
either in their...
Freedom from Arrest
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Legislative Department
Constitutional Basis
One
of the privileges that a member of Congress enjoys is the privilege from
arrest. In this regard, Section 11, Article VI, of the Constitution provides as
follows:
A Senator or Member of the House of
Representatives shall, in all offenses punishable by not more than six years
imprisonment, be privileged from...
Commission on Appointments
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Commission on Appointments
Section 18. There shall be a Commission on Appointments consisting of the
President of the Senate, as ex officio Chairman, twelve Senators, and twelve
Members of the House of Representatives, elected by each House on the basis of
proportional representation from the political parties and parties or
organizations registered under the party-list...
Caoibes vs. Ombudsman
Under
Section 6, Article VIII of the Constitution, it is the Supreme Court which is
vested with exclusive administrative supervision over all courts and its
personnel. The Ombudsman cannot determine for itself and by itself whether a
criminal complaint against a judge, or court employee, involves an
administrative matter. The Ombudsman is duty...
Maceda vs. Vasquez
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Judiciary
,
Ombudsman
,
Separation of Powers
● Office of the Ombudsman has jurisdiction to investigate offense committed by judge whether or not offense relates to official duties
● Jurisdiction to investigate offense related to official duties subject to prior administrative action taken against judge by Supreme Court
Facts:
Respondent Napoleon Abiera of Public Attorney’s...
Ricardo T. Gloria vs. Court of Appeals
Post under
Immunity from Suit
,
Political Law Case Digests
,
Security of Tenure
● Even if the DECS Secretary is an alter ego of
the president, he cannot invoke the President’s immunity from suit in a case
filed against him because the questioned acts are not the acts of the President
but merely those of a department secretary. Moreover, presidential decisions
may be questioned before the courts where there is grave abuse...
Pimentel vs. Ermita
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Commission on Appointments
,
Political Law Case Digests
The essence of an appointment in an acting capacity is its temporary nature. It is a stop-gap measure intended to fill an office for a limited time until the appointment of a permanent occupant to the office. In case of vacancy in an office occupied by an alter ego of the President, such as the office of a department secretary, the...
Jose vs. Boyon
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Remedial Law Case Digests
,
Summons
In general, substituted service can be availed of only after a clear showing that personal service of summons was not legally possible. Also, service by publication is applicable in actions in rem and quasi in rem, but not in personal suits such as the present one which is for specific performance.
Facts:
In...
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