This case has been cited 1 times or more.
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2012-09-04 |
PERLAS-BERNABE, J. |
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| Under the doctrine of implication, the power to appoint carries with it the power to remove.[48] As a general rule, therefore, all officers appointed by the President are also removable by him.[49] The exception to this is when the law expressly provides otherwise that is, when the power to remove is expressly vested in an office or authority other than the appointing power. In some cases, the Constitution expressly separates the power to remove from the President's power to appoint. Under Section 9, Article VIII of the 1987 Constitution, the Members of the Supreme Court and judges of lower courts shall be appointed by the President. However, Members of the Supreme Court may be removed after impeachment proceedings initiated by Congress (Section 2, Article XI), while judges of lower courts may be removed only by the Supreme Court by virtue of its administrative supervision over all its personnel (Sections 6 and 11, Article VIII). The Chairpersons and Commissioners of the Civil Service Commission [Section 1(2), Article IX(B)], the Commission on Elections [Section 1(2), Article IX(C)], and the Commission on Audit [Section 1(2), Article IX(D)] shall likewise be appointed by the President, but they may be removed only by impeachment (Section 2, Article XI). As priorly stated, the Ombudsman himself shall be appointed by the President (Section 9, Article XI) but may also be removed only by impeachment (Section 2, Article XI). | |||||