Write a concurring opinion and dissenting opinion for the motion.
REMOVE THE PRESIDENT’S POWER TO APPOINT THE COMMISSIONERS OF THE COMELEC.
Article IX, Section 1
C. THE COMMISSION ON ELECTIONS
Section 1. (1) There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years.
(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.
A. Concurring Opinion:
(5 points)
1. State the rationale (reason for being) for the President’s power to appoint the commissioners
of COMELEC.
2. Explain why the rationale is flawed.
3. Propose an amendment. Justify your proposal.
B. Dissenting Opinion:
(5 points)
1. State the rationale (reason for being) for the President’s power to appoint the commissioners
of COMELEC.
2. Explain why the rationale is correct.
3. Justify why the Judicial and Bar Council should stay.
what constitutes a democracy? 
1. THE RATIONALE FOR THE PRESIDENT’S POWER TO APPOINT IS THAT…
…being the head of the government, the President has the right as well as
the obligation to appoint the commissioners of COMELEC.
2. THE RATIONALE IS FLAWED BECAUSE…
…the commission on elections, as the name implies, has jurisdiction over
plebiscite, initiative, referendum, recall, and election, which is also the process
by which a president, or any other official for that matter, is chosen. this statement
makes the rationale flawed because giving the president the authority to appoint
commissioners of the COMELEC is also giving them the opportunity of corrupting the
government through cheating on the elections.
3. I PROPOsE…
…that the power of the president to appoint the commissioner of COMELEC be removed.
this is to prevent bias in the election process and also to cure the corrupt reputation
of our government.
B.
1. THE RATIONALE FOR THE PRESIDENT’S POWER TO APPOINT IS THAT…
…being the head of the government, the President has the right as well as
the obligation to appoint the commissioners of COMELEC.
2. THE RATIONALE IS CORRECT BECAUSE…
…even though the president has appointing power to choose the commissioners,
their terms of service differ from one another. therefore, the chance that there may
be alliances which aid to corruption might be, at some point, lessened.
3. THE COMELEC SHOULD STAY BECAUSE…
…it is the branch of the government charged with the function of registering
political parties, organizations or coalitions, which must present their platform or
program of government for the citizens to choose from. it ensures the democracy of our
government.
A. Concurring Opinion:
(5 points)
Make a case for the removal of the President’s power to appoint the commissioner of the COMELEC.
_____________________________________________
1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
_____________________________________________
The President representing the whole nation is believed to make reasonable decisions and choose right the persons to be commissioners of COMELEC.
_____________________________________________
2. Explain why the rationale is flawed.
_____________________________________________
The rationale is flawed because of the appointing power of the President could be used improperly. He/She could appoint with prejudice in his/her preference.
_____________________________________________
3. Propose an amendment. Justify your proposal.
_____________________________________________
The people of the Philippines, as a sovereign nation should be the one to choose the appropriate commisioners of COMELEC. It could be done by an election preferably in accordance with the national elections.
B. Dissenting Opinion:
(5 points)
Make a case for the status quo (current state of affairs).
_____________________________________________
1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
_____________________________________________
The President representing the whole nation is believed to make reasonable decisions and choose right the persons to be commissioners of COMELEC.
_____________________________________________
2. Explain why the rationale is correct.
_____________________________________________
The President, as a representative of the whole nation has the appointing power to choose the commissioners objectively . He/She has been elected by the sovereign people thus confirms that the sovereign itself is bestowed upon him/her.
_____________________________________________
3. Justify why the President should appoint the commissioners of COMELEC.
_____________________________________________
The President should appoint the commissioners of COMELEC because the people of the nation vested their resolve to the President to represent them. The President represents the people, indirectly, through him, the people come to a decision on who the commissioner should be.The President is given by the Constitution appointing powers for whoever he deems worthy of the position.
A. Concurring Opinion:
__________________________________________________
1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
The president being entitled to a span of one term is believed not to be biased in the selection of the commissioners of COMELEC.
2. Explain why the rationale is flawed.
The rationale is flawed because even if the President himself or herself would not find the appointment useful, other officials or close friends would.
3. Propose an amendment. Justify your proposal.
As a proposed amendment the power of the president to choose the commissioners of COMELEC be removed. Instead, it should be the Filipino people or the currently reigning Commissioners who shall have the power to appoint and choose who shall precede the position to avoid bias.
B. Dissenting Opinion:
____________________________________________________
1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
The president being entitled to a span of one term is believed not to be biased in the selection of the commissioners of COMELEC.
2. Explain why the rationale is correct.
The rationale is correct because the commissioners are not chosen with enough qualifications and requirements to prove their capability to perform the position to be appointed to them.
3. Justify why the COMELEC should stay.
The COMELEC should stay because the Commission is independent of the Executive, Legislative and Judicial branches of the Philippine Government. The commission is the body in charge of certain functions that would determine and place certain individuals into a government position, the final decision of course is based on the election where the Filipino people participated on.
A. Concurring Opinion
1. the president is believe to have the reasonable and unbiased decision in choosing the commissioners of COMELEC.
2. the rationale is flawed because there might be instances where the president would take this opportunity to pick commissioners that would favor, if not him, his/her fellow politicians.
3. i think its better if we have the a secret group that will carefully checked the background and appoint the commissioners, that way we can minimize problems.
B. Dissenting Opinion
1. the president is believe to have the reasonable and unbiased decision in choosing the commissioners of COMELEC.
2. the rationale is correct because the president is voted by the people and also trusted by the people therefore making his appointing powers trustworthy.
3. the COMELEC should stay they are the independent body of the government which handles the election. They make sure that everyone is placed on the position which is decided by the people.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
REMOVE THE PRESIDENT’S POWER TO APPOINT THE COMMISSIONERS OF THE COMELEC.
A – Concurring Opinion:
Make a case for the removal of the President’s power to appoint the commissioner of the COMELEC.
1 – State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
The president is given by the constitution the power to appoint officials to prove his sovereignty. S/he represents the nation as a whole, given the power to appoint the officials because the people believe that s/he is capable of making the right decisions for the benefit of the country.
2 – Explain why the rationale is flawed.
The rationale is flawed because; once the president appoints the officers, he/she will surely appoint the ones who are on his/her side. There is no doubt about that. And if that happens, all the allies and even the president himself/herself can control the election and the results of the election.
3 – Propose an amendment. Justify your proposal.
The appointment of the commissioners should not only be done by the president. We are a democratic country. We have some representatives and senators. So why not let them be part of the appointment?
B – Dissenting Opinion:
Make a case for the status quo (current state of affairs).
1 – State the rationale (reason for being) for the President’s power to appoint the commissioners
of COMELEC.
The president is given by the constitution the power to appoint officials to prove his sovereignty. S/he represents the nation as a whole, given the power to appoint the officials because the people believe that s/he is capable of making the right decisions for the benefit of the country.
2 – Explain why the rationale is correct.
The rationale is correct because based on our constitution, we, the people of the Republic of the Philippines, voted the President to his/her position. Therefore, if s/he appoints the commissioners, it is like we, the people of the Republic of the Philippines, appointed the commissioners.
3 – Justify why the COMELEC should stay.
The Commission on Election or COMELEC, should not be dismantled or should stay. Since they are in charge of the elections in our beloved country, the Pearl of the East, the Philippines. Without this commission, elections will never be the same and organized.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
A. Concurring Opinion:
(5 points)
Make a case for the removal of the President’s power to appoint the commissioner of the COMELEC.
1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC
As the President, he/she is responsible for the good of the nation, and as the representative of the whole nation, must make reasonable and just descisions regarding his/her choices.
2. Exolain why the rationale is flawed.
Biases or prejudice in the part of the president may become a factor.
3. Propose an amendment. Justify your proposal.
The COMELEC must be just and must have no personal intentions or side regarding election candidates. Chosing the commissoners therefor must be given considerations like for the whole nation itself to vote.
B. Dissenting Opinion:
(5 points)
Make a case for the status quo (current state of affairs).
1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
As the President, he/she is responsible for the good of the nation, and as the representative of the whole nation, must make reasonable and just descisions regarding his/her choices.
2. Explain why the rationale is correct.
As the appointed President, He or she represents the sovereignity therefor, His/her choice is the voice of the people.
3. Justify why the President should appoint the commissioners of COMELEC.
As said above, the president represents the people, and with the task of doing what is best for the country, He/she must appoint whom he/she thinks is best for the job.
A. Concurring Opinion
Make a case for the removal of the President’s power to appoint the commissioner of the COMELEC
==========================================
1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
> The President as the representation of the whole nation, tasked in the selection of commissioner for it is believed that he/ she is capable of doing such job.
2. Explain why the rationale is flawed.
> The rationale is flawed for the appointment of commissioner may be biased. The ones being appointed may be all purely in his or her favor, thus this power may be abused by the president resulting to poor elections.
3. Propose an amendment. Justify your proposal.
> The appointment of the commissioner must also be voted upon by the nation to avoid doubts in the president having bias.
B. Dissenting Opinion:
Make a case for the status quo (current state of affairs).
==========================================
1. State the rationale (reason for being) for the President’s power to appoint the commissioner of COMELEC.
>The President as the representation of the whole nation, tasked in the selection of commissioner for it is believed that he/ she is capable of doing such job.
2. Explain why the rationale is correct.
>It is the President who was voted by people, makes decisions about the appointment of the commissioner thus, embodying the sovereignty of the people.
3. Justify why the COMELEC should stay.
>The COMELEC should stay for it serves important functions which mainly concerns about elections. They serve the purpose of maintaining a clean and organize election as much as possible.
A. Concurring Opinion:
1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
The president can only serve for one term, therefore appointing the commissioners will not be biased.
2. Explain why the rationale is flawed.
The President may not directly benefit from it but it can be used to aid allies who are running for candidacy on the next term.
3. Propose an amendment. Justify your proposal.
Appointment shall come in random. Nominees will be chosen by previous commissioners according to their performances.
B. Dissenting Opinion:
1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
The president can only serve for one term, therefore appointing the commissioners will not be biased.
2. Explain why the rationale is correct.
The rationale is correct because the commissioners are not chosen with enough qualifications and requirements to prove their capability to perform the position to be appointed to them.
3. Justify why the COMELEC should stay.
It should stay because it is the organizing body for electoral processes. Though it may be covered in controversies we cannot remove it because there will be no more governing body during elections.
A. Dissenting Opinion
The President was voted by the people to make some decisions for them so the President has the right to appoint commissioners of COMELEC.
It is flawed because the President may choose commissioners who is friendly to him/her and would not go against him/her.
The ones who must appoint the commissioners is the people of the Philippines because they are the ones who will suffer if the appointed commissioner was not fitted on the seat.
B. Concurring Opinion
The President was voted by the people to make some decisions for them so the President has the right to appoint commissioners of COMELEC.
It is right for the President to choose the commissioners because the people voted him/her because they assume that the President will choose what is best for the country.
The power to appoint the commissioners was given to the President according to the Constitution so it is only right for the President to appoint commissioners.
A. Concurring Opinion
Make a case for the removal of the President’s power to appoint the commissioner of the COMELEC.
The rationale for the President’s power to appoint the commissioners of COMELEC is because it is included among the executive powers of the president which is the power to appoint public officials with the consent of the commission on appointments.
Based from the rationale of this article, I notice that our law prioritizes much with the appointing power of the president. I think it is considered as a flaw because there are chances that the president will appoint a justice who belongs to his administrative party and I think this will lessen the credibility of COMELEC.
If I were given a chance to amend this section of the article, I will propose to elect each member of the commission on appointments so that they will be in charge in appointing “some” of the officials in our government. In this process, the president will have a limited appointing power but still has its special power.
B. Dissenting Opinion
Make a case for the status quo (current state of affairs).
The rationale for the President’s power to appoint the commissioners of COMELEC is because it is included among the executive powers of the president which is the power to appoint public officials with the consent of the commission on appointments.
I believe that the rationale is correct because it follows and honors the appointing power of the president, which is stated in Article VII of our constitution.
I think that the Commission on Appointments should stay because they will help us in ensuring that the president will not abuse its executive power.
A. Concurring Opinion:
1. The President, having the highest position and the being the head of the government, has the right to appoint the members of the COMELEC.
2. The rationale is flawed because the President might appoint people who do not deserve to be in that position.
3. The President should not be the only one appointing the members of the COMELEC.
B. Dissenting Opinion:
1. The President, having the highest position and the being the head of the government, has the right to appoint the members of the COMELEC.
2. The rationale is correct because, the President was the one appointed by the people to be the head of the republic; therefore he/she has the right and obligation to do so.
3. The COMELEC should stay because the members are the only ones capable of helping the President in certain matters. They are the only ones who deserve to be in the position.
A. Concurring Opinion (REMOVE THE PRESIDENT’S POWER TO APPOINT THE COMMISSIONERS OF THE COMELEC)
The appointing power is vested on the president. It is the obligation of the president to appoint the commissioners of the COMELEC. Since the president is the head of the government it is understood that the appointed officials are capable and worthy for the said position.
The rationale is flawed because the COMELEC was constitutionally created to be independent. For its members to be appointed by the head of the executive department beats this purpose. Also, this makes it possible for the president to choose the nominees who are in his/ her favor.
To prevent preferential treatment in choosing the commissioners of the COMELEC, the president’s power to appoint for these positions should be removed. This would also avoid potential illicit and dishonest actions inside the COMELEC.
****************
B. Dissenting Opinion (THE PRESIDENT’S POWER TO APPOINT THE COMMISSIONERS OF THE COMELEC SHOULD REMAIN)
The appointing power is vested on the president. It is the obligation of the president to appoint the commissioners of the COMELEC. Since the president is the head of the government it is understood that the appointed officials are capable and worthy.
The rationale is correct. The president was elected by the vote of the sovereign people. Therefore, whoever he/she assigns must also reflect the people’s choice.
The Commission on Appointments should remain because it guards the list of nominees from wicked and unscrupulous individuals that aspire for the said positions. It lessens the chance for the president to exploit his/her power.
A. Concurring Opinion:
1. State the rationale (reason for being) for the President’s power to appoint the commissioners
of COMELEC.
The President’s power to appoint the commissioners of COMELEC came from the 1987 Philippine Constitution particularly, Article 9, Section 1 which states, the President shall have the power to appoint the Chairman and Commissioners of the COMELEC with the consent of the Commission of Appointments.
2. Explain why the rationale is flawed.
The rationale is flawed because; the President may use her power to appoint the Chairman and Commissioners of the COMELEC in favor of her interest. Whether it be to manipulate the election or to make amendments on his/her term.
3. Propose an amendment. Justify your proposal.
The Chairman of the COMELEC, holding the highest and most powerful position in the electoral division, should not be appointed by the President. Instead, he should be elected by the Legislative Department, both the House of Representatives and the Senate. The Commissioners on the other hand, should be appointed by the elected Chairman of the COMELEC. This is to provide a better chemistry in the electoral division of the government.
B. Dissenting Opinion:
1. State the rationale (reason for being) for the
President’s power to appoint the commissioners
of COMELEC.
The President’s power to appoint the commissioners of COMELEC came from the 1987 Philippine Constitution particularly, Article 9, Section 1 which states, the President shall have the power to appoint the Chairman and Commissioners of the COMELEC with the consent of the Commission of Appointments.
2. Explain why the rationale is correct.
Since the president of the Philippines was elected by the nation, he/she should be given the power to appoint his Chairman and Commissioners in the COMELEC. This is to maintain the balance in the government and to establish the choice of the people since the President was chosen by the nation to represent their will as a whole.
3. Justify why the President should appoint the commissioners of COMELEC.
The President should represent the will of the nation as a whole since she was elected President of the Republic.
A. Concurring Opinion (REMOVE THE PRESIDENT’S POWER TO APPOINT THE COMMISSIONERS OF THE COMELEC)
The appointing power is vested on the president. It is the obligation of the president to appoint the commissioners of the COMELEC. Since the president is the head of the government it is understood that the appointed officials are capable and worthy for the said position.
The rationale is flawed because the COMELEC was constitutionally created to be independent. For its members to be appointed by the head of the executive department beats this purpose. Also, this makes it possible for the president to choose the nominees who are in his/ her favor.
To prevent preferential treatment in choosing the commissioners of the COMELEC, the president’s power to appoint for these positions should be removed. This would also avoid potential illicit and dishonest actions inside the COMELEC.
****************
B. Dissenting Opinion (THE PRESIDENT’S POWER TO APPOINT THE COMMISSIONERS OF THE COMELEC SHOULD REMAIN)
The appointing power is vested on the president. It is the obligation of the president to appoint the commissioners of the COMELEC. Since the president is the head of the government it is understood that the appointed officials are capable and worthy.
The rationale is correct. The president was elected by the vote of the sovereign people. Therefore, whoever he/she assigns must also reflect the people’s choice.
The Commission on Appointments should remain because it guards the list of nominees from wicked and unscrupulous individuals that aspire for the said positions. Also, it lessens the chance for the president to exploit his/her power.
A.Concurring Opinion:
The rationale for the President’s power to appoint the commissioners of COMELEC is because of the executive powers of the president which is the power to appoint public officials with the consent of the commission on appointments. The flaw to this is that the President could appoint all qualified friend he/she has to positions that’ll make a good line-up on upcoming elections so that the President’s party and friends might have the advantage. Choosing COMELEC officials should be done not by the president to avoid one sided elections.
B. Dissenting Opinion:
The rationale for the President’s power to appoint the commissioners of COMELEC is because of the executive powers of the president which is the power to appoint public officials with the consent of the commission on appointments. It is correct because it follows the executive power of the President and this will make the President worry less because the appointed one is someone trusted by the President. They should definitely stay because their mere presence prevents the President to abuse its executive power.
A.Concurring Opinion:
The power to appoint public officials is given to the President of the Philippines. It is his/her duty to make sure that the people he/she appointed must be capable of the position.
The flaw to this system is that the President might choose officials who are in his/her side. Meaning, no one will resist to the President’s law.
Positions in the COMELEC must not be appointed by the President to avoid dishonest actions.
B. Dissenting Opinion:
The power to appoint public officials is given to the President of the Philippines. It is his/her duty to make sure that the people he/she appointed must be capable of the position.
This rationale is correct because the constitution is being followed. It is the power of the President to choose public officials. it can help the President improve the country because it lessens the people who resists in him/her.
It should stay because it prevents the President from becoming abusive.
A. Concurring Opinion
The president being entitled to a span of one term is believed not to be biased in the selection of the commissioners of COMELEC.
The rationale is flawed because obviously, the COMELEC is the body of government responsible/ In charge of the national elections, with which the Commissioners are executive in charge, with the ballots and all, and these should be of course kept confidential even to/ most specially from the President; to keep it from anybody’s political influence. But this would not hold if the one the President appointed is someone he is in alliance with and the President needs only to give him a ring and he shall answer immediately. Is the “Hello, Garci” expose not proof enough of the flaws of this?
A reasonable and possible amendment could be an electoral process also, wherein the voters would be the members of the Commission on Elections. Like voting class officers, since it would be the class the officers would answer to; a simple analogy, but true, right?
B. Dissenting opinion
The president being entitled to a span of one term is believed not to be biased in the selection of the commissioners of COMELEC.
The power to appoint must stay with the president because there’s just no one to give to should it be taken from the President. And since the President is the elected representative of the Filipino nation, the power to appoint other officials is implied. The President should just keep it right, be unbiased.
A.Concurring Opinion:
The President’s power to appoint the commissioners of COMELEC is due to the executive powers of the president which is the ability to appoint public officials with the consent of the commission on appointments. The flaw start when the President could appoint people into positions that’ll beneficial on upcoming elections for the puporse of having the upperhand. Choosing COMELEC officials should be done not by the president to avoid bias.
B. Dissenting Opinion:
The President’s power to appoint commissioners of COMELEC is due to the executive powers of the president which is the power to appoint public officials with the consent of the commission on appointments. This abides the law because it follows the executive power of the President and this will lead to a trustworthy COMELEC. They must definitely stay because their mere presence prohibits abuse of the Executive powers
A. Concurring Opinion:
(5 points)
1. State the rationale (reason for being) for the President’s power to appoint the commissioners
of COMELEC.
– The President has the constitutional power to appoint the commissioners of COMELEC, along with the consent of the Commission of Appointments.
2. Explain why the rationale is flawed.
-It is flawed because the President may appoint persons politically allied with him/her as commissioners during a reelection bid, giving him/her an unfair chance to influence the votes.
3. Propose an amendment. Justify your proposal.
-I propose that appointments for the commissioners for COMELEC be handled by a different body other than the President. This prevents a possibility of vote fraudulence during reelection campaigns for the present head of state.
B. Dissenting Opinion:
1. State the rationale (reason for being) for the President’s power to appoint the commissioners
of COMELEC.
– The President has the constitutional power to appoint the commissioners of COMELEC, along with the consent of the Commission of Appointments.
2. Explain why the rationale is correct.
-It is correct because it follows the constitutional guidelines of executive powers given to the President. The President is trusted to have enough judgment to select trustworthy persons as commissioners.
3.
-The President’s power to appoint commissioners of COMELEC should remain because it follows the powers trusted to him/her as a trustworthy leader.
A. Concurring Opinion:
1. Once elected, the President is expected to live by the principle of his political party but never to be biased. Like other positions in the government, only the President has the power to appoint but he can only choose from the recommended people by the Judicial Bar and Council.
2. The rationale is flawed because the President might choose people from his administration.
3. The power to appoint should be given to the Legislative Department or House of Representatives to avoid temptations to be biased.
____________________________________________________
B. Dissenting Opinion:
1. Once elected, the President is expected to live by the principle of his political party but never to be biased. Like other positions in the government, only the President has the power to appoint but he can only choose from the recommended people by the Judicial Bar and Council.
2. The rationale is correct because, as rational citizen of our country, we voted the President in the position so we should trust him that he will never be biased.
3. The COMELEC should stay because the commission is the body in charge to organize elections.
A. Concurring Opinion:
(5 points)
1. State the rationale (reason for being) for the President’s power to appoint the commissioners
of COMELEC.
This power is granted to the President by the Constitution. It is under the appointing powers of the President. Being the highest elected official of the Republic, he/she has the right to choose the commissioners of the COMELEC.
2. Explain why the rationale is flawed.
This can be used by the President for his own good of for the good of his/her co-members in a political party. Because the President put the commissioner in position, the commissioners might be forced to cheat the election in favor of the party mates of the President in a way of showing “gratitude”.
3. Propose an amendment. Justify your proposal.
We can place the power of appointing of the commissioners of the COMELEC to the hands of the justices of the Supreme Court. This will serve as check and balance. This way the commissioners would not be pressured by “showing gratitude” to the justices because they got the positions out of an agreement of several persons.
B. Dissenting Opinion:
(5 points)
1. State the rationale (reason for being) for the President’s power to appoint the commissioners
of COMELEC.
This power is granted to the President by the Constitution. It is under the appointing powers of the President. Being the highest elected official of the Republic, he/she has the right to choose the commissioners of the COMELEC.
2. Explain why the rationale is correct.
The President being the trusted by the people should uphold his/her job in the right manner. In a way the President has no personal gains over the Commissioner because the terms of the commissioners and the President are fashioned to not meet in the election season because the commissioners could not be reappointed and the President could not seat for consecutive terms.
3. Justify why the President should appoint the commissioners of the COMELEC?
The people trusted him/her to make good decisions for the country including the elections for the next officials of the government including the presidency itself, thus, he/she should choose commissioners who are honest and that she thinks would uphold the spirit of democracy that is clearly seen in an election.
A. Concurring Opinion
The appointment process involving Commissioners of the COMELEC is purely a political exercise in that the President has the widest discretion over whom to appoint subject to confirmation by the Commission on Appointments. It is also stated in Article 7, Section 16 that “The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint.”
The rationale is flawed because there has been no direct participation of the civil society in the selection and appointment process of the COMELEC Commissioners.
It is said that the questionable legitimacy of present administration is rooted in the dysfunction of the COMELEC. I propose for the power of the president to appoint be cascaded with the decision of the civil society. This will help in bringing back its credibility through transparency and accountability of the appointment process.
B. Dissenting Opinion
The appointment process involving Commissioners of the COMELEC is purely a political exercise in that the President has the widest discretion over whom to appoint subject to confirmation by the Commission on Appointments. It is also stated in Article 7, Section 16 that “The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint.”
The rationale is correct because the President has the widest discretion over whom to appoint subject to confirmation by the Commission on Appointments. Moreover, the president, because of his eligibility and eloquence in governance, he may have the right to judge who shall be rightly appointed to such positions.
He is then worthy of the power to choose the appointees as commissioners.
(Justify why the Judicial and Bar Council should stay. –Sir Bakit ganto?! Haha…)
A. Concurring Opinion:
(5 points)
1. State the rationale (reason for being) for the President’s power to appoint the commissioners
of COMELEC.
The president has the power to appoint the commissioners of COMELEC because it is constitutionally stated and being the highest rank official of the country.
2. Explain why the rationale is flawed.
The rationale is flawed because the president, having the power of appointment is a political personality, there can be a question of bias.
3. Propose an amendment. Justify your proposal.
The president should not have the power of appointment with regards to the Commission on Elections; because the president himself/herself was once have an elective position. There should not be any relevance between the elections and the politicians.
B. Dissenting Opinion:
(5 points)
1. State the rationale (reason for being) for the President’s power to appoint the commissioners
of COMELEC.
The president has the power to appoint the commissioners of COMELEC because it is constitutionally stated and being the highest rank official of the country.
2. Explain why the rationale is correct.
The rationale is correct. The president should have the sole power of appointment in the COMELEC because she is the head of our country and the highest among those in the position and in the elective position. So, she knows well who is fitted for the commissionership.
3. Justify why the Judicial and Bar Council should stay.
??
Sir bakit po Judicial and bar council pa rin?
REMOVE THE PRESIDENT’S POWER TO APPOINT THE COMMISSIONERS OF THE COMELEC.
A. Concurring Opinion:
(5 points)
1. State the rationale (reason for being) for the President’s power to appoint the commissioners of the COMELEC.
Under the rule law the President’s power of appointment is intrinsically an executive prerogative. The legislative body creates the office, defines its powers, limits its duration, and provides the composition. This done, its legislative power ceases. It has nothing to do with designating the man to fill the office.
2. Explain why the rationale is flawed.
The rationale is flawed with the direct appointing by the President of the chairman and commissioners of the COMELEC. The President may choose the one who he thinks is favorable to his party and personal reasons and interests.
3. Propose an amendment. Justify your proposal.
I propose that the congress make a council like the Judicial and Bar Council to deliberate and choose the possible commissioners of the COMELEC. With ths proposal the direct appointment of the President according to his personal interests will be prohibited.
B. Dissenting Opinion:
(5 points)
1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
Under the rule law the President’s power of appointment is intrinsically an executive prerogative. The legislative body creates the office, defines its powers, limits its duration, and provides the composition. This done, its legislative power ceases. It has nothing to do with designating the man to fill the office.
2. Explain why the rationale is correct.
Just the same with the appointment of Judicial and Bar Council. The power to appoint by the President is to designate and delegate individuals whom he thinks is capable of the functions of a given office.
3. Justify why the Judicial and Bar Council should stay.
The COMELEC should stay because this sovereign authority is given expression through the exercise of the right of suffrage by the qualified voters. As previously stated, in democracies, the people represent the sovereign power of state.
A. Concurring Opinion:
“The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint.”
The rationale for the President’s power to appoint the commissioners of Comelec is stated in Article 7, Section 16. It is one of the powers of the President to appoint commissioners.
The rationale is flawed because the appointing power of the President enables her to choose Commissioners and other heads of departments in her favor.
The President, aside from the consent of the Commission on Appointments, should have the consent of the public regarding the appointment of the Commissioners of Comelec.
B. Dissenting Opinion:
“The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint.”
The rationale for the President’s power to appoint the commissioners of Comelec is stated in Article 7, Section 16. It is one of the powers of the President to appoint commissioners.
The rationale is correct because it shows that the President has the power to appoint the highest positions of the departments, thus making her the most powerful person in the government.
The President’s power to appoint the Comelec Commissioners should stay because as the most powerful person in the government, she has the right to appoint the commissioners. She also has that right according to the constitution. And because the people voted the President, her decisions reflect the decision of the people. Therefore, her power to appoint should stay.
QUIZ 2 – REMOVE THE PRESIDENT’S POWER TO APPOINT THE COMMISSIONERS OF THE COMELEC.
CONCURRING OPINION:
The rationale behind the power of the President to appoint the Commissioners of the COMELEC (as well as the Commissioners of Audit and Civil Service) is: the President is assumed to have the ability to judge whether a person is qualified to be a Commissioner or not.
The rationale is flawed because the issue of conflict of interest may come into the picture. Like what happened with the last Presidential elections, a controversy came up regarding the President talking to one of the COMELEC Commissioners.
I suggest that instead of only the President appointing the Commissioners, it may be amended that also the Senate President and the Speaker of the House has a voice in appointing the Commissioners.
DISSENTING OPINION:
The rationale behind the power of the President to appoint the Commissioners of the COMELEC (as well as the Commissioners of Audit and Civil Service) is: the President is assumed to have the ability to judge whether a person is qualified to be a Commissioner or not.
The rationale is correct because the people voted for the President to exercise these powers. The people gave the President the authority to handle these powers and it is assumed that the President has the enough or more than enough ability to determine who is the deserving person to be appointed.
The appointing power of the President should remain because the choices for the Commissioners to be appointed have already undergone a certain requirements in order for them to qualify. At that point, the choices left should be of great background and abilities already.
A. Concurring Opinion:
The President of the Philippines is alleged to make reasonable decisions and select people to be commissioners of COMELEC. The rationale is flawed due to the appointing power of the President which is possible to be used improperly. He could appoint with chauvinism in his preference. Outgoing officials of COMELEC are the most suitable in choosing their replacements.
B. Dissenting Opinion:
The President of the Philippines is alleged to make reasonable decisions and select people to be commissioners of COMELEC. The President has the appointing power to appoint the commissioners neutrally. He has been elected by the people, confirming that the sovereign itself has been bestowed upon him. The President should assign the commissioners of COMELEC since the Filipinos vested their resolve to the President to embody them. The President is given by the Constitution appointing powers for whom he considers worthy of the position.
A. Concurring Opinion:
The President’s power to appoint the commissioners of COMELEC came from the 1987 Philippine Constitution particularly, Article 9, Section 1 which states, the President shall have the power to appoint the Chairman and Commissioners of the COMELEC with the consent of the Commission of Appointments.The rationale is flawed because; the President may use her power to appoint the Chairman and Commissioners of the COMELEC in favor of her interest. Whether it be to manipulate the election or to make amendments on his/her term. The Chairman of the COMELEC, holding the highest and most powerful position in the electoral division, should not be appointed by the President. Instead, he should be elected by the Legislative Department, both the House of Representatives and the Senate. The Commissioners on the other hand, should be appointed by the elected Chairman of the COMELEC. This is to provide a better chemistry in the electoral division of the government.
B. Dissenting Opinion:
The President’s power to appoint the commissioners of COMELEC came from the 1987 Philippine Constitution particularly, Article 9, Section 1 which states, the President shall have the power to appoint the Chairman and Commissioners of the COMELEC with the consent of the Commission of Appointments.Since the president of the Philippines was elected by the nation, he/she should be given the power to appoint his Chairman and Commissioners in the COMELEC. This is to maintain the balance in the government and to establish the choice of the people since the President was chosen by the nation to represent their will as a whole.The President should represent the will of the nation as a whole since she was elected President of the Republic.
QUIZ 2. ARTICLE IX
__________________________________________________
A. Concurring Opinion:
The president, being the chief executive, has the power to select commissioners including in the Commission on Elections.
The rationale is flawed because the president would tend to appoint those who are his/her allies and are subjected to his/her orders.
This must be amended by removing the president’s power to appoint the commissioner in the COMELEC, but still remain the power to appoint commissioners on other commissions. There might be some cheating to make a candidate win in a position.
_______________________________________________
B. Dissenting Opinion:
The president, being the chief executive, has the power to select commissioners including in the Commission on Elections.
The rationale is correct because it is one of the president’s powers. Choosing the best commissioners who would work well with the president will make the administration more productive.
The president’s power should remain because the COMELEC will be apart from the executive department. Therefore, the president’s influence will not affect the commissioner’s actions.
_____________________________________________________________________________________
QUIZ 2
ERWIN R. SANTOS
3ECEA
_________________________________________________________________________________
A. Concurring Opinion:
1. State the rationale (reason for being) for the President’s power to appoint the commissioners
of COMELEC.
The President as the head of our administration really could appoint Commissioners of COMELEC.
2. Explain why the rationale is flawed.
Appointment of Commissioners of COMELEC by the President would only be of great disadvantage and of partiality if and only if the President would appoint Commissioners based on his/her awful hidden agenda or selfish political motives and not based on what is needed to serve its purpose.
3. Propose an amendment. Justify your proposal.
A Process in the appointment of Commissioners of COMELEC should be done in a percentage basis to prevent or eliminate prejudice. e.g. Wherein the consent of some independent groups such as the Judicial and Board Council, Commission on Appointments and the like should be taken into account for example 30%, consideration for the President’s choice is also 30%, for the country’s group of investors or businessmen is 30%, the remaining 10% will be given to a very reliable survey.
B. Dissenting Opinion:
1. State the rationale (reason for being) for the President’s power to appoint the commissioners
of COMELEC.
The President as the head of our administration really could appoint Commissioners of COMELEC.
2. Explain why the rationale is correct.
The President is authorized to appoint Commissioners of COMELEC for he/she is expected to appoint the best and most deserving qualified persons for their respective positions to preserve and protect voters’ rights, and also to maintain the sanctity and purity of elections.
3. Justify why the President should appoint the commissioners of COMELEC.
The President being our government’s genuine servant leader won’t allow his/her nation is in great qualm and suspicion just because of appointment of fraudulent Commissioners of COMELEC.
_________________________________________________________________________________
A. Concurring Opinion:
(5 points)
1. State the rationale (reason for being) for the President’s power to appoint the commissioners
of COMELEC.
The President’s power to appoint the commissioners of COMELEC came from the 1987 Philippine Constitution particularly, Article 9, Section 1 which states, the President shall have the power to appoint the Chairman and Commissioners of the COMELEC with the consent of the Commission of Appointments
2. Explain why the rationale is flawed.
The COMELEC members are the ones who supervise the elections. And when those members are appointed by the president, then there is a big chance that the President would ask those he have appointed to return favor, and his allies will have an edge over the other parties
3. Propose an amendment. Justify your proposal.
The ones who should have the powers to appoint the members of the Commelec are the citizens of themselves because they are considered as the voice of the country. With this, the decisions will be unbiased and will be very fair
B. Dissenting Opinion:
(5 points)
1. State the rationale (reason for being) for the President’s power to appoint the commissioners
of COMELEC.
The President’s power to appoint the commissioners of COMELEC came from the 1987 Philippine Constitution particularly, Article 9, Section 1 which states, the President shall have the power to appoint the Chairman and Commissioners of the COMELEC with the consent of the Commission of Appointments
2. Explain why the rationale is correct.
The President is the head of the country therefore it is in respect to him or her that we trust her decisions to be for the greater good
3. Justify why the Judicial and Bar Council should stay
As the leader of the country, the President must act accordingly and make right decisions. Trusted by the whole country, he must be given this power to appoint those who he knows that can do their jobs as a COMELEC chairman and commissioners
A. Concurring Opinion
1. the rationale is that the president embodies the whole nation, so he/she can think or appoint who he/she believes appropriate for the position he/she is giving to.
2. The rationale is flawed because it can be bias to the president or to the one being appointed.
3. The appointing power must not fall under the jurisdiction of the president but to the people of the nation. We appoint who’s got to be the president so we can also vote to the one who will be appointed in a position in the government to prevent biasing.
B. Dissenting
1. The president has the power to the appoint the commissioners of COMELEC because being the president of the country, he/she knows best whati s best for the country.
2. The rationale is correct because we do not know exactly how good or capable a person is than the persons he/she is in work with. So us voting for the position might not work well than being appointed by the president himself/herself.
3. Justify why the Judicial and Bar Council should stay.
The JBC should stay because it is an independent body which is capable of appointing justices which they think are capable in the position.
A. Concurring
1.
the rationale is the appointing power of the President on the Commission on Elections.
2.
it is flawed because the President can appoint commissioner who’s in his/ her side.
3. the President must not appoint the Commissioner . it must have a process and i suggest it must go through the congress.
B. Dissenting
1.
the rationale is the appointing power of the President on the Commission on Elections
2.
the rationale is correct because maybe the President may know the commissioner’s capabilty in handling such position.
3. JBC should stay because even if it’s members are appointed by the president, it is a body which can appoint justices who is responsible and has the ability in such position.
A. Concurring Opinion:
1.) The council was principally designed to eliminate politics from the appointment of judges and the justices. Thus, appointments to the judiciary do not have to go through political Commissions on Appointments.
2.)It is flawed because the president can abuse his/her power to appoint and the reason of appointing will not benefit the people he/she serves.
3.)The Comelec Chairman together with the other 6 Commissioners should be appointed not by the president but to a group/body like the JBC. These group should be composed of people who were not candidates for an election or will not be. The appointment shall be voted by its members.
B. Dissenting Opinion
1.)The president is given the power to appoint the commisioners of the COMELEC, since he represents the whole nation. The president’s decision counts as the decision of the entire country.
2.)The president is given power by the constitution to appoint who he deems worthy of becoming a high ranking official. He is elected by the people, believing that he is capable of making right choices.
3.)As the leader of the country, the President must act accordingly and make right decisions. Trusted by the whole country, he must be given this power to appoint those who he knows that can do their jobs as a COMELEC chairman and commissioners.
1.
The president being entitled to a span of one term is believed not to be biased in the selection of the commissioners of COMELEC.
2.
The rationale is flawed because even if the President himself or herself would not find the appointment useful, other officials or close friends would.
3.
As a proposed amendment the power of the president to choose the commissioners of COMELEC be removed. Instead, it should be the Filipino people or the currently reigning Commissioners who shall have the power to appoint and choose who shall precede the position to avoid bias.
B. Dissenting Opinion:
1.
The president being entitled to a span of one term is believed not to be biased in the selection of the commissioners of COMELEC.
2.
The rationale is correct because the commissioners are not chosen with enough qualifications and requirements to prove their capability to perform the position to be appointed to them.
3.
The COMELEC should stay because the Commission is independent of the Executive, Legislative and Judicial branches of the Philippine Government. The commission is the body in charge of certain functions that would determine and place certain individuals into a government position, the final decision of course is based on the election where the Filipino people participated on.
A. Concurring Opinion:
1. The President’s power to appoint the commissioners of COMELEC came from the 1987 Philippine Constitution particularly, Article 9, Section 1 which states, the President shall have the power to appoint the Chairman and Commissioners of the COMELEC with the consent of the Commission of Appointments.
2.The rationale is flawed because; the President may use her power to appoint the Chairman and Commissioners of the COMELEC in favor of her interest. Whether it be to manipulate the election or to make amendments on his term.
3. The Chairman of the COMELEC, holding the highest and most powerful position in the electoral division, should not be appointed by the President. Instead, he should be elected by the nation. The Commissioners on the other hand, should be appointed by the elected Chairman of the COMELEC. This is to provide a better chemistry in the electoral division of the government.
B. Dissenting Opinion:
1.The President’s power to appoint the commissioners of COMELEC came from the 1987 Philippine Constitution particularly, Article 9, Section 1 which states, the President shall have the power to appoint the Chairman and Commissioners of the COMELEC with the consent of the Commission of Appointments.
2.Since the president of the Philippines was elected by the nation, he should be given power to appoint his Chairman and Commissioners in the COMELEC. This is to maintain the balance in the government and to establish the choice of the people since the President was chosen by the nation to represent their will as a whole.
3. The President should represent the will of the nation as a whole since she was elected President of the Republic.
A. Concurring Opinion:
1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
>>>
Under the Constitution, the president is vested with the authority to appoint the Comelec’s seven commissioners who each have a seven-year term. Congress, through the bicameral Commission on Appointments (CA), confirms their appointments.
2. Explain why the rationale is flawed.
>>>
With these at hand, the presidents are allowed to appoint any person who will serve their own agenda. It is the rational itself that is flawed, and the appointing power and Congress who made the constitution. Among the presidents who succeeded Marcos, it was only Corazon Aquino who was concerned about institution-building of the commission. Subsequent presidents — Fidel Ramos, Joseph Estrada and the incumbent Arroyo — have all contributed to the weakening of the Comelec, by politicizing the appointments of its commissioners.
3. Propose an amendment. Justify your proposal.
>>>
Eradicate the appointing power, let there be nominations, candidates and let the people vote foe the constitutional commissioners.
Since, the appointing power is the main reason why there is questionable counting of votes and result of elections, why not eliminate that power and let the people decide.
************************************************************************************
B. Dissenting Opinion:
1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
>>>
Under the Constitution, the president is vested with the authority to appoint the Comelec’s seven commissioners who each have a seven-year term. Congress, through the bicameral Commission on Appointments (CA), confirms their appointments.
2. Explain why the rationale is correct.
>>>
The president will make sure that those who will be composed of the constitutional commission are reliable, competent and knowledgeable about their work to make sure that the process is correctly followed.
3. Justify why the Comelec should stay.
>>>
The Comelec should stay so there would be an eye and caretakers to the votes of the Filipino people. It is important that there will be employed people to take responsibility on our votes. Since, these votes are the key to political bodies success, it is necessary that there will be also a group of licensed people to protect these votes.
A. Concurring Opinion:
1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
The rationale behind the power of the President to appoint the Commissioners of the COMELEC (as well as the Commissioners of Audit and Civil Service) is: the President is assumed to have the ability to judge whether a person is qualified to be a Commissioner or not.
2. Explain why the rationale is flawed.
The President may not directly benefit from it but it can be used to aid allies who are running for candidacy on the next term.
3. Propose an amendment. Justify your proposal.
The ones who should have the powers to appoint the members of the Commelec are the citizens of themselves because they are considered as the voice of the country. With this, the decisions will be unbiased and will be very fair.
B. Dissenting Opinion:
1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
Under the Constitution, the president is vested with the authority to appoint the Comelec’s seven commissioners who each have a seven-year term. Congress, through the bicameral Commission on Appointments (CA), confirms their appointments.
2. Explain why the rationale is correct.
The rationale is correct because the commissioners are not chosen with enough qualifications and requirements to prove their capability to perform the position to be appointed to them.
3. Justify why the COMELEC should stay.
The COMELEC should stay because the Commission is independent of the Executive, Legislative and Judicial branches of the Philippine Government. The commission is the body in charge of certain functions that would determine and place certain individuals into a government position, the final decision of course is based on the election where the Filipino people participated on.
report namen! yay
A. Concurring Opinion : (5 points)
1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
The President has been given by the Constitution the right to elect the COMELEC commissioner due to the fact that he, being the leader of the Philippines, should have a just and reasonable decision.
2. Explain why the rationale is flawed.
This kind of appointing officials may have political influences or directly creating allies.
3. Propose an amendment. Justify your proposal.
There should be nominations, in which a legislative body would nominate, just like appointing judges, and the President still has the last choice. In this way, the appointees would have been carefully studied.
B. Dissenting Opinion: (5 points)
1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
The President has been given by the Constitution the right to elect the COMELEC commissioner due to the fact that he, being the leader of the Philippines, should have a just and reasonable decision.
2. Explain why the rationale is correct.
The rationale is correct because the President is a representative of the majority of people who voted for him, his decision being the decision of the majority.
3. Justify why the COMELEC should stay.
The COMELEC should stay because it helps in enforcing and administering all laws and regulations relative to the conduct of and elections, plebiscites, initiatives, referendum, and recalls.
A. Concurring Opinion:
1-The president, being the head of the country and elected, chosen by the people, has the right to appoint the commissioners of COMELEC.
2-It is flawed because a president, even though he/she is the head of the country, does not always make the right decisions. The president may still appoint someone who will be biased.
3-I propose that the president’s power to appoint the commissioners of COMELEC be removed. Instead, the outgoing commissioners choose the ones to replace them since they know their duties and the problems they encountered so they will know who can handle these duties and problems.
B. Dissenting Opinion:
1-The president, being the head of the country and elected, chosen by the people, has the right to appoint the commissioners of COMELEC.
2-The president is allowed only one term so he/she can no longer use his/her influence over the appointee.
3-The president’s appointing power should stay because, I have stated in the previous question, the president will no longer be able to his/her influence. Also, the people, being the ones who elected the president should trust the president’s judgment.
A. Concurring Opinion:
(5 points)
1. State the rationale (reason for being) for the President’s power to appoint the commissioners
of COMELEC.
The president’s appointing power is inherent in his/her position.
2. Explain why the rationale is flawed.
Under the Constitution, the Commission on Elections is independent of the Executive, Legislative and Judicial branches of the Philippine Government. The power given to the president could be too much that the whole system becomes unbalanced driving not only the government but the whole nation to ruins.
3. Propose an amendment. Justify your proposal.
If it’s meant to be independent, let it be independent. Aspiring candidates must apply directly to the said office and be assessed through a series of interviews and examinations. It can’t be denied that taking oral and written exams is an integral part of human civilization because it seems that people just can’t help but test each other and themselves. And the most tangible proof that one is qualified is when it is written on paper. Although it’s not the only way to verify that someone possesses something, it’s the simplest and the most used method of acquiring proof, isn’t it? It’s the preliminary, entry level exam that shows whether there are substantial reasons to believe that a person can be trusted with the job. It’s factual, but is it the way it should be? Papers and positions can only do so much. A question of trust is always a question of trust.
B. Dissenting Opinion:
(5 points)
1. State the rationale (reason for being) for the President’s power to appoint the commissioners
of COMELEC.
The president’s appointing power is inherent in his/her position. Thus, it does not mean, or more so, it can’t mean anything more than that because it goes with the job. Every government official’s loyalty is not for any person but solely for the country.
2. Explain why the rationale is correct.
As the head of the state, the president’s responsibility is to the whole nation. It does not always follow that being appointed to the position means something else other than being assigned a job. And why must it mean something else? People create the system, and then the system shapes the people but not without their consent. The system is passive while the people are active, so which one controls the other? There’s a possibility that finding that thin line between the president as a member of the executive department and the president as the president of the country is futile because that thin line really has never existed. Isn’t it simpler for one person to appoint the commissioners of the COMELEC especially when that person has been given that power to see through every aspect and every issue concerning the country ever since he/she has been voted by the people? When a decision has to be made, isn’t it to be expected that the president has the last say because of the trust that he/she is the leader uniting the people who have chosen him/her? Whether this particular power is enough or too much, really greatly depends only in the president’s proper use or misuse of this power.
3. Justify why the COMELEC should stay.
The COMELEC should stay because it has a vital role especially in a republic country. To secure that elections are held according to the prescribed regulations and to resolve contestations with a well-defined and organized set of rules, the existence of a COMELEC is necessary.
Concurring Opinion:
The President is given power to appoint Commissioners on Elections(COMELEC). Isn’t the notion a bit disturbing? The way the commissioners are chosen is really biased. It is greatly influenced by the President.
The Commission on Elections is a body that serves us during elections. We, as a Filipino people have the right to choose he members of the body that handles our elections. We have the right to ensure that that our votes are taken care by trustworthy people.
The president should not be able to influence the appointment of COMELEC this greatly. Appointment of COMELEC officials must be thoroughly unbiased. Therefore, the members of the Commission on Elections must be elected.
Dissenting Opinion:
The President is a person elected to be in position. He is given his political and constitutional powers and duties by the Filipino people. Therefore he is a figure of trust, respect and righteousness.
The constitution has stated the presidents dos and don’ts, rights and privileges, powers and duties. We, the Filipino people, on the other hand voted him for this position with full knowledge of the powers to be vested upon him by the constitution.
We cannot complain about this. Should one would not agree with it, still distrusting the presidents views then he should not vote. At the time we elected our president we already accepted his views, influence and biases. This should not hinder him from appointing COMELEC officials to the peoples liking.
QUIZ 2: ARTICLE IX (Constitutional Commissions)
A. Concurring Opinion:
(5 points)
++++++++++++++++++++++++++++++++++++++++++++++
1. State the rationale (reason for being) for the President’s power to appoint the commissioners
of COMELEC.
——————————————————————————–
The president being the chief executive is given the power by the consti. to appoint the commissioners of COMELEC since he/she was elected by the people to lead the country.
++++++++++++++++++++++++++++++++++++++++++++++
2. Explain why the rationale is flawed.
———————————————————————————
It is flawed because the president has a chance to be bias and appoint someone who will bi in favor of his/her personal agenda or the party that the president is affiliated with. And also the the appointees would still be subjected to the commission on appointments which may result so some political maneuverings to get their approval. So the COMELEC is not really insulated from politics.
++++++++++++++++++++++++++++++++++++++++++++++
3. Propose an amendment. Justify your proposal.
———————————————————————————
Why don’t we try to reverse their duties a bit. The CA nominates the possible commissioners and then the president will select from this list the persons that would be appointed.
++++++++++++++++++++++++++++++++++++++++++++++
B. Dissenting Opinion:
(5 points)
——————————————————————————–
1. State the rationale (reason for being) for the President’s power to appoint the commissioners
of COMELEC.
++++++++++++++++++++++++++++++++++++++++++++++
The president being the chief executive is given the power by the consti. to appoint the commissioners of COMELEC since he/she was elected by the people to lead the country.
———————————————————————————
2. Explain why the rationale is correct.
++++++++++++++++++++++++++++++++++++++++++++++
Since the president is elected by millions of filipino people and is only given one term we should at least give the president the benefit of the doubt the he/she will not abuse the powers vested upon him/her and be bias.
———————————————————————————
3. Justify why the Judicial and Bar Council should stay.
(Justify why the Comelec Should stay)
++++++++++++++++++++++++++++++++++++++++++++++
The COMELEC is a vital part(organ) of the gov’t, I can’t think of any other that would best fit for the role that they do.
———————————————————————————
3ECEA
PGC – – Quiz 2
REMOVE the President’s power to APPOINT the Commissioners of the COMELEC
A, Concurring Opinion
The power to appoint the Commissioners of the Commission on Elections is vested on the President. The Constitution provides for the intention of putting influences of outside political parties outside the system. It is the obligation of the President to appoint the commissioners of the COMELEC. He/She must make sure that the people he/she appointed must be capable of the position. The rationale is flawed because the COMELEC was constitutionally created to be independent. Ironically, the members of the Commission, is to be appointed by the head of the executive department. It paves way to possibilities that chosen officials are those that favored by mere personal agenda. There can be no assurance that elections are properly handled and there is no cheating involved. To prevent subjective treatment in appointing the commissioners of the COMELEC, the President’s appointing powers for these said positions should be removed. Thereby making less room for potential corrupt and dishonest actions inside the commission.
B. Dissenting Opinion
As stated in the Constitution, the President has the power to appoint commissioners of the Commission on Elections. The President is given this power because he/she represents the nation and it is expected that he/she shall choose only credible and worthy officials for the position. The rationale is correct. We, the sovereign people of this nation elected the President, thereby entrusting to his/her hands the bulk of major complicated tasks for the country. The President’s power to appoint commissioners of COMELEC should therefore remain. In the first place, this only follows the powers trusted to him/her as a trustworthy leader fairly chosen by the majority of the Filipino people.