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Unformatted text preview: ounds of disloyalty to the party and breach of party discipline. Was the expulsion valid? A: No. SET/HRET members are entitled to security of tenure to ensure their impartiality and independence. As judge‐members of the tribunal, they must be non‐partisan, they must discharge their functions with complete detachment; independence and impartiality, even from the party to which they belong. Thus, disloyalty to party and breach of party discipline are not valid grounds for expelling a tribunal’s member. The members are not supposed to vote along party lines—once appointed. (Bondoc v. Pineda, G.R. No. 97710, Sept. 26, 1991) Note: A member may not be expelled by the HoR for party disloyalty short of proof that he has formally affiliated with another political group. 30 Q: Can the ET meet when Congress is not in session? A: Yes. Unlike the Commission on Appointments, the ET shall meet in accordance with their rules, regardless of whether Congress is in session or not. Q: Is there an appeal from the ET’s decision? A: No. Sec. 17 of Art. VI provides that the SET/HRET is the sole judge of all contests. Hence, from its decision, there is no appeal. Appeal is not a constitutional but merely a statutory right. Q: Is there any remedy from its decision? A: Yes. A special civil action for certiorari under Rule 65 of the Rules of Court may be filed. This is based on grave abuse of discretion amounting to lack or excess of jurisdiction. This will be filed before the Supreme Court. b. COMMISSION ON APPOINTMENTS (CA) Q: What is the composition of the Commission on Appointments (CA)? A: 1. Senate President as ex‐officio chairman 2. 12 Senators 3. 12 members of the HoR (Sec. 18, Art. VI) Note: A political party must have at least 2 elected senators for every seat in the Commission on Appointments. Thus, where there are two or more political parties represented in the Senate, a political party/coalition with a single senator in the Senate cannot constitutionally claim a seat in the Commission on...
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This document was uploaded on 03/12/2014.

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