Nestle philippines inc vcagrno86738nov131991 q

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Unformatted text preview: exercised by Congress only within the limits of the authority conferred upon it by the Constitution. (Francisco v. House of Representatives, et. al., G.R. No. 160261, Nov. 10, 2003) Q: Can A Supreme Court Justice be charged in a criminal case or disbarment proceeding instead of an impeachment proceeding? A: No, because the ultimate effect of either is to remove him from office, and thus circumvent the provision on removal by impeachment thus violating his security of tenure. (In Re: First Indorsement from Hon. Raul Gonzalez, A.M. No. 88‐4‐5433, April 15, 1988) An impeachable officer who is a member of the Philippine bar cannot be disbarred first without being impeached. (Jarque v. Desierto, 250 SCRA 11, 1995) 2. Ombudsman Q: What is the function of an Ombudsman? A: He is tasked to entertain complaints addressed to him against erring public officers and take all necessary actions thereon. Note: The powers of the Ombudsman are not merely recommendatory. His office was given teeth to render this constitutional body not merely functional but also effective. Under R.A. No. 6770 and the 1987 Constitution, the Ombudsman has the constitutional power to directly remove from government service an erring public official other than a member of Congress and the Judiciary. (Estarija v. Ranada, G.R No. 159314, June 26, 2006). Q: Does the Ombudsman enjoy fiscal autonomy? A: Yes. It shall enjoy fiscal autonomy. Its approved annual appropriations shall be automatically and regularly released. (Section 14 of Article XI of the 1987 Constitution) Q: What is the duration of the term of office of the Ombudsman? A: 7 years without reappointment. (Section 11 of Article XI of the 1987 Constitution) Q: What are the disqualifications and inhibitions of the Ombudsman? A: 1. Shall not hold any other office or employment; 2. Shall not engage in the practice of any profession or in the active management or control of any business which in any way may be affected by the functions of his office; 3. Shall not be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the gove...
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This document was uploaded on 03/12/2014.

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