Effect is made in plain and unequivocal language if

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effect is made in plain and unequivocal language - If the Legislature had really intended to include in the general grant of “privileges” or “rank and privileges of Judges of CFI” the right to be investigated by SC, and to be suspended removed only upon its recommendation o would be unconstitutional o would violate doctrine of separation of powers, by charging this court with the administrative function of supervisory control over executive officials, and reducing the control of the President over such officials - United States Supreme Court said in Federal Radio Commission vs. General Electric Co: “…It cannot give decisions which are merely advisory; nor can it exercise or participate in the exercise of functions which are essentially legislative or administrative.” - Jurisprudence provides that SC should not and cannot be required to exercise any power or assume any duty not pertaining to or connected with the administration of judicial functions o And a law requiring the SC to arbitrate disputes between public utilities was declared void in Manila Electric Co. vs. Pasay Transportation Co On petitioner’s contention that his case is different from other executive officials under Sec 4 of RA 1151 because he is endowed with judicial functions: - SC: The section states that the decision of the Land Registration Commissioner "shall be conclusive and binding upon all Registers of Deeds" alone, and not upon other parties. o This limitation identifies the resolutions of the Land Registration Commissioner with those of any other bureau director, whose resolutions or orders bind his subordinates alone. That the Commissioner's resolutions are appealable does not prove that they are not administrative; any bureau director's ruling is likewise appealable to the corresponding department head. - Assuming arguendo, analysis of the powers and duties of the LRC under RA 1151 sec 3 and 4 will show that the resolution are but a minimal portion of his administrative/executive functions and merely incidental to it. On STATUTORY CONSTRUCTION - Conforming to the principle of statutory construction that statutes should be given, whenever possible, a meaning that will not bring them in conflict with the Constitution, We rule that the grant by RA 1151 did not include the right to demand investigation by SC, and to be suspended or removed only upon it’s recommendation for otherwise, that would be violative of the Constitution thus null and void .
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[04] GARCIA v. MACARAIG Adm. Case No. 198-J | May 31, 1971 | Barredo, J. SUMMARY: Respondent Hon. Macaraig was appointed judge of the newly established CFI of Laguna and San Pablo. He was not able to perform his duties as judge right away because the court had to be organized from scratch. Instead, he worked on organizing the court and, in his free time, rendered assistance to the Secretary of Justice. Complainant Paz Garcia filed and Administrative complaint against Macaraig on the theory that the latter violated the Judiciary Act by not submitting monthly reports, and he was further guilty of dishonesty because he collected his salaries even though he had not performed any of his duties as judge.
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  • Fall '19
  • Government, Separation of Powers, Supreme Court of the United States, The Court, Sc

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