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Thinking of going to law school? If

[CASE DIGEST] SARMIENTO v. MISON (G.R. No.
79974)
December 17, 1987 | 156 SCRA 549
Ulpiano P. Sarmiento III and Juanito G. Arcilla, petitioners
Salvador Mison, in his capacity as Commissioner of the Bureau of
Customs, and Guillermo Carague, in his capacity as Secretary of
the Department of Budget, respondents
Commission on Appointments, intervenor
you're thinking of pursuing a law or a
JD degree in the Philippines, chances
are you're probably a little crazy. Law
school is not for weenzies, and anyone
harboring any ambition of becoming a
lawyer has got to have guts of steel
and, well, a crazy resolve to even
harbor the idea of enduring four (or
more) years of daily torture in the
classroom. Let this blog show you the
way.

www.DateMyAge.com
FACTS: 
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In 1987, then President Corazon Aquino appointed Salvador Mison Search

as Commissioner of the Bureau of Customs without submitting his
nomination to the Commission on Appointments. Herein
PRIVACY POLICY
petitioners, both of whom happened to be lawyers and professors
of constitutional law, filed the instant petition for prohibition on
the ground that the aforementioned appointment violated Section
16, Art. VII of the1987 Constitution. Petitioners argued that the
appointment of a bureau head should be subject to the approval
of the Commission on Appointments. 

ISSUE: Don't www.DateMyAge.com

Miss
Whether or not the appointment of bureau heads should be
subject to the approval of the Commission on Appointments. 

HELD: 

No, construing Section 16, Art. VII of the 1987 Constitution would
show that the President is well within her authority to appoint
Your
Chance
bureau heads without submitting such nominations before the
Commission on Appointments. In its ruling, the SC traced the
history of the confirmatory powers of the Commission on
Appointments (which is part of the legislative department) vis-a-
vis the appointment powers of the President. 
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Under Section 10, Art. VII of the 1935 Constitution, almost all
presidential appointments required the consent or confirmation of
the Commission on Appointments. As a result, the Commission
became very powerful, eventually transforming into a venue for
horse-trading and similar malpractices.
On the other hand, consistent with the authoritarian pattern in
which it was molded and remolded by successive amendments,
the 1973 Constitution placed the absolute power of appointment Sign Up
in the President with hardly any check on the part of the
legislature.
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Under the current constitution, the Court held that the framers
intended to strike a "middle ground" in order to reconcile the [CASE DIGEST] Marcos
v. Manglapus (G.R. No.
extreme set-ups in both the 1935 and 1973 Constitutions. As such, 88211)
while the President may make appointments to positions that October 27, 1989 | 177
require confirmation by the Commission on Appointments, the SCRA 668 Ferdinand
1987 Constitution also grants her the power to make appointments Marcos, et al., petitioners Hon. Raul
Manglapus, in his capacity as
on her own without the need for confirmation by the legislature.  Secretary of Foreign Af...

Section 16, Art. VII of the 1987 Constitution enumerates four [GUIDE] How to secure a medical
groups of public officers:  certificate from public hospitals in
the Philippines for medico-legal
cases
heads of the executive departments, ambassadors, other public Absolutely no one wants to figure in
ministers and consuls, officers of the armed forces from the rank any accident nor find themselves in
other unfortunate situations. Due to
of colonel or naval captain, and other officers whose
our natural instinct for self-...
appointments are vested in him in this constitution;
all other officers of the Government whose appointments are [CASE DIGEST] REPUBLIC OF THE
not otherwise provided for by law; PHILIPPINES v. MARELYN TANEDO
MANALO (G.R. No. 221029)
those whom the President may be authorized by law to appoint;
April 24, 2018 Ponente: Peralta, J.
and FACTS Marelyn Tanedo Manalo was
officers lower in rank whose appointments the Congress may by married to a Japanese national. She
law vest in the President alone.  later filed for divorce against her ...

[CASE DIGEST] Atong

Paglaum, Inc. v.
COMELEC (G.R. No.
203766)
April 2, 2013 | G.R. No.
203766 Atong Paglaum, Inc. and 51
other disqualified party list groups,
petitioners COMELEC, respondent ...

[CASE DIGEST] Senate v. Executive

Secretary (G.R. No. 169777)
April 20, 2006 | G.R. No. 169777
Senate of the Philippines, petitioner
Eduardo R. Ermita, in his capacity as
Executive Secretary, res...

[CASE DIGEST] Mandanas v. Ochoa

(G.R. Nos. 199802, 208488)
July 3, 2018 Hermilando Mandanas,
et al., petitioners Executive
Secretary Paquito Ochoa, et al.,
respondents FACTS: The fiscal
autonomy guar...

According to the Court, only the presidential appointments of the HOW TO GO TO THE NBI
first group of public officers are subject to the confirmation by RENEWAL CENTER MAIN
the Commission on Appointments. A review of the deliberations OFFICE (UNITED
NATIONS AVENUE) |
would show that bureau heads have been deleted from the first MANILA, PHILIPPINES
group, precisely because they are lower in rank as compared to  Every day, thousands of regular
other officers enumerated in the same group.  Filipinos troop to the Main Office of
the National Bureau of Investigation
(NBI) to apply for an NBI Clea...
Therefore, Mison's appointment as Commissioner of the Bureau of
Customs need not be confirmed by the Commission on
Appointments.  BLOG ARCHIVE

November 2018 (12)

LAW SCHOOL LIFE

The real score on law school and

alcohol

Law school is so demanding an

endeavor, no decent law student would
want to deliberately skip clat asses for
a tall glass of beer, no matter how
deliciously ice cold such beverage is. It
just isn't done. At all [. . .]

Should law students take a leave of

absence until the COVID-19 pandemic
ends?

For many, the abrupt shift to digital

learning due to the pandemic is a novel
concept that is particularly difficult to
adjust to. This is more pronounced
Newer Post Home Older Post among law students, where daily
physical interactions with classmates
and professors are necessary in
fostering a robust academic experience
[. . .]

So you took the Bar Exams and failed.

Now what?

Failing the Bar constitutes an abysmal

point in any law graduate's life. It can
trigger a lot of negative things, which
is why it is very important that Bar
examinees should have a support
system to cling on to in the event of
failure [. . .]

Bar review season pitfalls and tips to

make reviewing for the Bar Exams less
stressful

The Bar Exam review season is when

reviewees try to conjur everything they
have learned in law school and
condense everything into neat mental
folders easily retrievable when
needed. Doing so requires focus,
concentration, determination, and
wise use of resources, particularly time
and money [. . .]

The lowdown on law school entrance

exams: Top 3 law schools in the
Philippines

The top three law schools in the

Philippines by reputation, quality of
their alumni, and passing rate in the
Bar exams are the College of Law of
the University of the Philippines in
Quezon City, the Ateneo School of Law
in Makati, and the College of Law of
the San Beda University in Manila. Each
year these schools manage to attract
graduates from all over the Philippines.
As such, competition for slots in any of
these schools is intense [. . .]

The Filipino law student's guide to

scoring law textbooks on the cheap

Law books are often thick and heavy

tomes of specialized legal information,
mostly annotations of laws or statutes
with a discussion of existing
jurisprudence. They can be very
intimidating. Even worse, they are
bound to punch a gaping hole in your
wallet [. . .]

To digest or not to digest -- that's the

question

Relying on digests spares one the

trouble of having to go through the
case itself, identifying relevant facts,
determining key issues, and analyzing
the court's rationale in coming up with
its decision [. . .]

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