This case has been cited 5 times or more.
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2013-01-08 |
VELASCO JR., J. |
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| A "term," as defined in Appari v. Court of Appeals,[63] means, in a legal sense, "a fixed and definite period of time which the law describes that an officer may hold an office."[64] It also means the "time during which the officer may claim to hold office as a matter of right, and fixes the interval after which the several incumbents shall succeed one another."[65] It is the period of time during which a duly elected official has title to and can serve the functions of an elective office. From paragraph (a) of Sec. 43, RA 7160,[66] the term for local elected officials is three (3) years starting from noon of June 30 of the first year of said term. | |||||
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2012-12-04 |
BRION, J. |
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| Subsequently, on March 15, 2005, the petitioners applied for their retirement benefits and monthly pension with the Comelec, pursuant to R.A. No. 1568.[9] The Comelec initially approved the petitioners' claims pursuant to its Resolution No. 06-1369[10] dated December 11, 2006 whose dispositive portion reads: [T]he Commission RESOLVED, as it hereby RESOLVES, to approve the recommendation of Director Alioden D. Dalaig, Law Department, to grant the request of former Comelec Commissioners Evalyn Fetalino and Amado Calderon for the payment of their retirement benefits, subject to release of funds for the purpose by the Department of Budget and Management.[11] | |||||
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2012-04-24 |
VELASCO JR., J. |
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| 1. The terms of office and appointments of the first set of commissioners, or the seven, five and three-year termers referred to in Sec. 1(2), Art. IX(D) of the Constitution, had already expired. Hence, their respective terms of office find relevancy for the most part only in understanding the operation of the rotational plan. In Gaminde v. Commission on Audit,[19] the Court described how the smooth functioning of the rotational system contemplated in said and like provisions covering the two other independent commissions is achieved thru the staggering of terms: x x x [T]he terms of the first Chairmen and Commissioners of the Constitutional Commissions under the 1987 Constitution must start on a common date [February 02, 1987, when the 1987 Constitution was ratified] irrespective of the variations in the dates of appointments and qualifications of the appointees in order that the expiration of the first terms of seven, five and three years should lead to the regular recurrence of the two-year interval between the expiration of the terms. | |||||
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2012-04-24 |
VELASCO JR., J. |
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| such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction, or, in other words, where the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility, and it must be so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty enjoined or to act in contemplation of law.[16] | |||||
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2009-09-04 |
BRION, J. |
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| The word "term" has acquired a definite meaning in jurisprudence. In several cases, we have defined "term" as the time during which the officer may claim to hold the office as of right, and fixes the interval after which the several incumbents shall succeed one another.[7] The term of office is not affected by the holdover.[8] The term is fixed by statute and it does not change simply because the office may have become vacant, nor because the incumbent holds over in office beyond the end of the term due to the fact that a successor has not been elected and has failed to qualify. | |||||