Election Laws Cases Essay

1. Cayetano v. Monsod, 201 SCRA 210 Realities: Monsod was assigned by President Aquino as Chairman of the Comelec. The Commission on Appointments affirmed the arrangement in spite of Cayetano’s complaint, in view of Monsod’s claimed absence of the necessary capability of multi year law practice. Cayetano documented this certiorari and disallowance. ISSUE: Whether or not Monsod has been occupied with the act of law for a long time Administering: YES. The act of law isn't constrained to the direct of cases or suit in court. It grasps the readiness of pleadings and different papers occurrence to activities and exceptional procedures, the administration of such activities and procedures in the interest of customers, and different works where the work done includes the assurance of the prepared lawful brain of the legitimate impact of realities and conditions (PLA versus Agrava.) The records of the 1986 established commission show that the translation of the term practice of law was liberal as to consider legal counselors utilized in the Commission of Audit as occupied with the act of law given that they utilize their lawful information or ability in their particular work. The court additionally refered to an article in the January 11, 1989 issue of the Business Star, that legal advisors these days have their own particular fields, for example, charge attorneys, examiners, and so forth., that in light of the requests of their specialization, legal counselors participate in different works or capacities to meet them. Nowadays, for instance, most company legal counselors are engaged with the board approach plan. In this way, Monsod, who got through the lawyer's exam in 1960, worked with the World Bank Group from 1963-1970, at that point worked for a venture bank till 1986, became individual from the CONCOM in 1986, and furthermore turned into an individual from the Davide Commission in 1990, can be considered to have been occupied with the act of law as legal counselor financial specialist, attorney chief, legal advisor business person, and so on. 2. 18 December 1990 G.R. No. 93867 Realities: The solicitor is testing the assignment by the President of Associate Commissioner Yorac as Acting Chairman of the COMELEC, instead of Chariman Davide. The candidate contends that the decision of the Acting Chairman is an interior issue to the COMELEC. It is likewise asserted that the assignment done by the President of the Philippines abuses the freedom of the COMELEC. ISSUE: Regardless of whether the assignment done by the President of the Philippines disregards Article IX-A, Section 1 of the Constitution. Administering: Article IX-A, Section 1 of the Constitution explicitly portrays all the Constitutional Commissions as â€Å"independent.† Although basically official in nature, they are not heavily influenced by the President of the Philippines in the release of their individual capacities. Its choices, requests and decisions are subject just to survey on certiorari by the Court as gave by the Constitution in Article IX-A, Section 7. The decision of brief director without the ordinary executive goes under that watchfulness. That carefulness can't be practiced for it, even with its assent, by the President. The assignment by the President of respondent Yorac as Acting Chairman of the COMELEC is proclaimed unconstitutiona 2. Sixto Brillantes, Jr. versus Haydee B. Yorac[G.R. No. 93867. December 18, 1990.] FACTS: Respondent, as Associate COMELEC Chairman, was delegated by the President as Chairmanthereof, supplanting previous Chairman Hilario Davide; the previous administrator was selected to thefact-discovering commission with respect to the December 1989 Coup d etat. Solicitor moved for herremoval, expressing that her arrangement was in opposition to Article IX-C, Section 1(2) of the 1987Constitution, where â€Å"(I)n no case will any Member (of the Commission on Elections) beappointed or assigned in a transitory or acting capacity.†Issue: Is respondents arrangement as Chairman for the situation at bar unconstitutional.Ruling: Yes. Article IX-A Section 1 of the Constitution explicitly accommodates the autonomy of theConstitutional Commissions from the official office; this implies they are governedby the Constitution itself and can't be heavily influenced by the Pres. 3. UNIDO VS. COMELEC In 1981, the BP proposed revisions to the 1973 Constitution. The alterations were to be put to a plebiscite for the people’s endorsement. The YES vote was being progressed by KBL †Marcos’ Party. While the NO vote was being progressed by UNIDO. To guarantee equality and balance, COMELEC gave Resolutions 1467-1469 w/c fundamentally gave that there be equivalent chance, equivalent time and equivalent space on media use for battles for the two sides. On 12 Mar 1981, Marcos battled for the YES vote by means of TV and radio from 9:30pm to 11:30pm. The equivalent was communicated live by 26 TV stations and 248 radio broadcasts across the nation. UNIDO requested of before the COMELEC that they be allowed a similar open door as Marcos has compliant with Res’ns 1467-69. COMELEC denied the interest. UNIDO pounced upon the refusal as a disavowal of equivalent security under the watchful eye of the laws. ISSUE: Whether or not UNIDO was denied equivalent security by temperance of COMELEC’s disavowal of their solicitation. HELD: The SC decided that UNIDO was not denied fair treatment nor were they not managed equivalent assurance. It is the viewed as perspective on the SC that when Marcos led his ‘pulong-pulong’ or discussion with the individuals on March 12, 1981, he did as such in his ability as President/Prime Minister of the Philippines and not as the leader of any ideological group. Under the Constitution, the ‘Prime Minister and the Cabinet will be dependable . . . for the program of government and will decide the rules of national policy’. In occurrences where the head of state is simultaneously the leader of the ideological group that is in power, it doesn't really follow that he talks with two voices when he exchanges with the represented. The president is agreed sure benefits that the restriction might not have. Further, the SC can't force TV stations and radio broadcasts to give UNIDO free broadcast appointment as they are not involved with this case. UNIDO must looked fo r contract with these TV stations and radio broadcasts at their own cost. 4. SANIDAD versus COMELEC 181 SCRA 529 Realities: On 23 October 1989, RA 6766 (Act accommodating a natural represent the Cordillera Autonomous Region) was sanctioned into law. The plebiscite was planned 30 January 1990. The Comelec, by righteousness of the force vested by the 1987 Constitution, the Omnibus Election Code (BP 881), RA 6766 and other relevant political decision laws, declared Resolution 2167, to oversee the direct of the plebiscite on the said Organic Act for theCordillera Autonomous Region. Pablito V. Sanidad, a paper editorialist of â€Å"Overview† for the â€Å"Baguio Midland Courier† assaulted the legality of Section 19 (Prohibition on feature writers, observers or broadcasters) of the said goals, which gives â€Å"During the plebiscite battle period, on the day preceding and on plebiscite day, no broad communications reporter, analyst, host or character will utilize his segment or radio or TV time to crusade possibly in support of the plebiscite issues.† Issue: Whether editorialists are precluded from communicating their feelings, or ought to be under Comelec guideline, during plebiscite periods. Held: Article IX-C of the 1987 Constitution that what was conceded to the Comelec was the ability to oversee and control the utilization and satisfaction in establishments, licenses or different awards gave for the activity of transportation or other open utilities, media of correspondence or data to the end that equivalent chance, reality, and the option to answer, including sensible, equivalent rates therefor, for open data battles and discussions among competitors are guaranteed. Neither Article IX-C of the Constitution nor Section 11-b, second passage of RA 6646 (â€Å"a reporter, pundit, broadcaster or character, who is a possibility for any elective office is required to disappear from nonappearance from his work during the crusade period†) can be translated to imply that the Comelec has additionally been conceded the option to manage and direct the activity by media professionals themselves of their entitlement to articulation during plebiscite periods. Media professionals practicing their free SANIDAD versus COMELEC 5. LAZATIN VS. COMELEC Lazatin documented the moment appeal pouncing upon the ward of the COMELEC to repeal his announcement after he had made his vow of office, accepted office, and released the obligations of Congressman of the first District of Pampanga. Lazatin claims that the House of Representatives Electoral Tribunal and not the COMELEC is the sole appointed authority of all political race challenges. Buan, Jr., and Timbol (Lazatin’s resistance), claimed that the moment appeal has become disputable and scholarly in light of the fact that the ambushed COMELEC Resolution had just gotten last and executory when the SC gave a TRO on October 6, 1987. In the COMMENT of the Sol-Gen, he claims that the moment appeal ought to be given proper way on the grounds that the declaration was substantial. The Telex Order gave by the COMELEC guiding the soliciting board to declare the victor whenever justified under Section 245 of the Omnibus Election Code,† was essentially an award of power by the COMEL EC to the campaigning board, to broadcast the champ. A Separate Comment was documented by the COMELEC, claiming that the decree of Lazatin was illicit and void in light of the fact that the board basically rectified the profits challenged by Lazatin without sitting tight for the last goals of the petitions of applicants Timbol, Buan, Jr., and Lazatin himself, against certain political decision returns. ISSUE: Whether or not the issue ought to be set under the HRET’s ward. HELD: The SC in a Resolution dated November 17, 1987 set out to give proper way to the appeal. The request is dazzled with merit since candidate has been broadcasted victor of