QUIZ 2: ARTICLE IX (Constitutional Commissions)

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.

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48 Responses

  1. 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 rational for the President’s power to appoint the commissioners of COMELEC is that the people voted the resident to represent them as a whole nation.

    2. Explain why the rationale is flawed.
    The rationale is flawed because the President could abuse his/her power of appointing by selecting the people which he/she knows will not be against him/her and also help his/her in his/her actions

    3. Propose an amendment. Justify your proposal.
    The ones to appoint commissioners of COMELEC should be the people because they are the sovereign of the nation. It could be done through a nationwide election only it will be done after the political elections since the commissioners have take seat for 7 years.

    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 rational for the President’s power to appoint the commissioners of COMELEC is that the people voted the resident to represent them as a whole nation.

    2. Explain why the rationale is correct.
    The rationale is correct because when the President appoints a commissioner, it is like the whole nation is appointing the said commissioner. It is still the people who are the sovereign of the country.

    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 already vested their will to the President to represent them. The President is just representing the people by practicing his/her power to appoint public officials

  2. A. Concurring Opinion:
    (5 points)
    Make a case for the removal of the President’s power to appoint the commisioner of the COMELEC.
    1. State the rationale (reason for being) for the President’s power to appoint the commisioners
    of COMELEC.
    -The Commissioner is an important position for it is the one who supervises the national elections. The President is the embodiment of the whole nation. When the President chooses the commissioner of the COMELEC, it is as if the nation itself chose the commissioner.

    2. Explain why the rationale is flawed.
    -The appointment can be biased. In exchange for the appointment, the commissioner will follow the President’s instructions without question. He may do something illegal that may be favorable for the President.

    3. Propose an amendment. Justify your proposal.
    -Just like the national election for the President and other offices, the appointing of the commissioner must also be voted upon by the nation. They will pick the one who will supervise the national elections. The election is only once per 7 years so it won’t be troublesome.

    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 commisioners
    of COMELEC.
    -The Commissioner is an important position for it is the one who supervises the national elections. The President is the embodiment of the whole nation. When the President chooses the commissioner of the COMELEC, it is as if the nation itself chose the commissioner.

    2. Explain why the rationale is correct.
    -The President is chosen by the nation. The President is the one who appoints the commissioner. Therefore it is an indirect appointment from the nation. The nation indirectly picks the suitable commissioner of COMELEC.

    3. Justify why the President should appoint the commissioners of COMELEC.
    -The commissioners of COMELEC is an important position. Therefore the people of the nation should make it a priority to pick the suitable person for this position. However the election would take up a considerable amount of time and money. Therefore, the President, the embodiment of the people’s will and actions, should pick for the nation. The President is exercising his power to represent the people.

  3. A. Concurring opinion

    The president is given by the constitution the power to appoint officials to prove his sovereignty. He represents the nation as a whole, given the power to appoint the officials because the people believe that he is capable of making the right decisions for the benefit of the country.

    The president’s decisions may become biased. He may choose someone he favors or he may appoint someone who, in exchange for the power given to him, will serve the president and will not go against the president’s will.

    The commission head of the COMELEC should be appointed based on the decision of the people through an election, similar to the national elections.

    B. Dissenting opinion

    The president is given by the constitution the power to appoint officials to prove his sovereignty. He represents the nation as a whole, given the power to appoint the officials because the people believe that he is capable of making the right decisions for the benefit of the country.

    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. He embodies the sovereignty of the nation.

    Using other methods consumes a lot of time and effort as well as resources to push through. The president represents the poeple, indirectly, through him, the people get to decide who will be the commissioner.

  4. 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 has the power to appoint the commissioners because he/she represents the will of the nation.

    2. Explain why the rationale is flawed.
    – The rationale is flawed because the president, though representative of the nation, is still human and can be affected by his/her personal bias. Other candidates may be more fit for the position but because experience dictates that the individual has failed several times, or may be displeased the president, he/she may choose the other candidate.

    3. Propose an amendment. Justify your proposal.
    -Since the COMELEC facilitates national elections, then the people should also have a say with who should be a commissioner.

    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 commisioners
    of COMELEC.
    – The President has the power to appoint the commissioners because he/she represents the will of the nation.

    2. Explain why the rationale is correct.
    – The President represents the will of the people, therefore, he/she represents the vote of the whole nation on who should be commissioner.

    3. Justify why the President should appoint the commissioners of COMELEC.
    – The President should appoint the commissioners of the COMELEC because he nation has already given him/her their trust to lead them to greatness.

  5. 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.

  6. A. Concurring Opinion:
    (5 points)

    Make a case for the removal of the President’s power to appoint the commisioner of the COMELEC.

    1. State the rationale (reason for being) for the President’s power to appoint the commisioners
    of COMELEC.
    —> As the leader of our nation. We should stand behind our leaders decision trusting him with our future. And we should trust that he will make the right decision for our country.

    2. Explain why the rationale is flawed.
    —> having this power. The country is susceptible to manipulation. The president can abuse this power and appoint someone that he can manipulate.

    3. Propose an amendment. Justify your proposal.
    —> I think a committee on appointment should be created. not just a list of possible candidates but a committee that can assess the capability of each person to carry out the duties vested to him.

    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 commisioners
    of COMELEC.
    —> The President has the power to appoint the commissioners because he represents the whole nation and we voted for him to lead us.

    2. Explain why the rationale is correct.
    —> It is correct because we have to stand by every decision of our leader and trust his decisions.

    3. Justify why the President should appoint the commissioners of COMELEC.
    —> It should stay because without it, the voting system of our country will be messed up.

  7. 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 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 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. 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 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. 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.

  8. A. Concurring Opinion:

    1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
    >>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. Explain why the rationale is flawed.
    >>The rationale is flawed because manipulating of the president’s power may be exercise. This system is like giving the president the power to control the elections though his/her appointed commissioner that would work in his/her favor.

    3. Propose an amendment. Justify your proposal.
    >>Choosing the commisioner of the COMELEC should undergo elections like the other government officials. Through which, it is really the whole nation who decide for the one whom they think is deserving of it.

    B. Dissenting Opinion:
    1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
    >>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. Explain why the rationale is correct.
    >>The rationale is correct because the president is trusted enough by the majority, that’s why he/she won the position in the first place. So, it is just right to give him that power – to decide for the whole nation.

    3. Justify why the President should appoint the commissioners of COMELEC.
    >>The president should still be the one to appoint the commissioners of the COMELEC, since he is elected by the majority of the country to rule over them. The majority entrusted their rights to the president will, having the president’s decision to be the decision of the majority, or the nation itself.

  9. A. Concurring Opinion:

    1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
    >>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. Explain why the rationale is flawed.
    >>The rationale is flawed because ***abuse of the president’s power may be exercise, such as manipulating the elections. This system is like giving the president the power to control the elections though his/her appointed commissioner that would work in his/her favor.

    3. Propose an amendment. Justify your proposal.
    >>Choosing the commisioner of the COMELEC should undergo elections like the other government officials. Through which, it is really the whole nation who decide for the one whom they think is deserving of it.

    B. Dissenting Opinion:
    1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
    >>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. Explain why the rationale is correct.
    >>The rationale is correct because the president is trusted enough by the majority, that’s why he/she won the position in the first place. So, it is just right to give him that power – to decide for the whole nation.

    3. Justify why the President should appoint the commissioners of COMELEC.
    >>The president should still be the one to appoint the commissioners of the COMELEC, since he is elected by the majority of the country to rule over them. The majority entrusted their rights to the president will, having the president’s decision to be the decision of the majority, or the nation itself.

  10. A. Concurring Opinion:
    (5 points)

    1. State the rationale (reason for being) for the President’s power to appoint the commissioners
    of COMELEC.

    – The power to appoint the commissioners of the COMELEC is vested upon the President as he/she represents the will of the people.

    2. Explain why the rationale is flawed.

    – The rationale is flawed, as the President can abuse this power by selecting people whom she can manipulate and control for his/her own vested interests.

    3. Propose an amendment. Justify your proposal.

    – An amendment must be made to make the people elect the members of the COMELEC. This is a necessary change to maintain the sovereignty of the Filipino people.

    B. Dissenting Opinion:
    (5 points)

    1. State the rationale (reason for being) for the President’s power to appoint the commissioners
    of COMELEC.

    – The power to appoint the commissioners of the COMELEC is vested upon the President as he/she represents the will of the people.

    2. Explain why the rationale is correct.

    – The President is given the power to appoint someone whom he/she thinks is deserving be entrusted upon the duties of a commisioner. He/She was elected by the people to make the decisions for the entire country. The President represents the will of the people.

    3. Justify why the President should appoint the commissioners of COMELEC.
    – The President should appoint the commisioners of the COMELEC as he/she has already been entrusted to make the decision for the Filipino people. The people were already aware of this when they elected the President.

  11. A. Concurring Opinion

    1.) Under Article 9, Section 1. (2), the Comelec Chairman as well as the other 6 Commissioners are appointed by the President of the Philippines who represents the whole nation.

    2.) The rationale is flawed, there is no doubt about it. the President is given way too much power, the tendency is that he/she may abuse it. There have been a case where the president, PGMA in particular, was caught talking to a Comelec Commisioner while the election and counting is going on. She was then a presidential candidate and this is prohibited. See how the president can be very abusive of her powers.

    3.) The Comelec Chairman together with the other 6 Commisioners 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.) Under Article 9, Section 1. (2), the Comelec Chairman as well as the other 6 Commissioners are appointed by the President of the Philippines who represents the whole nation.

    2.) The rationale is correct if the president does not favor any allies and if he/she is not a candidate for next election. Furthermore, he/she represents the entire nation that is why there is no other Filipino who has the capabilities to appoint this officials.

    3.) The president should be the one to appoint these Comelec officials because, as discussed earlier, he/she represents the whole Filipino nation and he/she just exercises his/her powers. If we also elect this officials in a nationwide election, we are just repeating the process, thus, consuming much more time and money.

  12. A. Concurring Opinion:

    According to article 9, section 1 of the constitution the President shall have the power to appoint the Chairman and Commissioners of the COMELEC with the consent of the Commission of Appointments. The President is given this power for he/she embodies the nation because he/she is choosen by the people of the Philippines.

    The rationale is flawed for the chances of having baised decisions in elections are greater. The president might abuse his/her power over those he/she appointed in the COMELEC. There can be no assurance that elections are proper handled and there is no cheating involved.

    I best believe that the members of the Congress should be the one appointing members of COMELEC. The congress best represents the people of the Philippines for they are greater in number. The decision in choosing will be less biased and more reliable.

    B. Dissenting Opinion:

    According to article 9, section 1 of the constitution the President shall have the power to appoint the Chairman and Commissioners of the COMELEC with the consent of the Commission of Appointments. The President is given this power for he/she embodies the nation because he/she is choosen by the people of the Philippines.

    The President is given this power because the people of the Philippines directly voted for him/her. It is believed that he/she has the capability to choose what is best for the nation. It is his/ her rightful duty to ensure the best interest of the nation.

    The power in choosing the commissioner should be given the president for it is what is constitutional. It is also the less time consuming and money efficient way to select the commissioners.

  13. Concurring Opinion:
    According to Article 9 of the Philippine Constitution, The President of the Philippines has the power to appoint the Chairman and the Commissioners on the Commission on Elections.
    We all know that he primary function of the Commission on Election is to supervised the Election here in the Philippines, they’re the ones who assist on whoever wants to run for a certain position in the government, meaning they are the ones who screen all the qualified applicants that will hold the torch in bringing the light to our Country, Yes, the Light to our country. However, how can we assure the cleanliness in our Election if those who were we trust on were just appointed or assigned by the President?
    We all know that there are steps in which these assigned Chairmen and commissioners have gone through but the main point is that shouldn’t they be independent from any other else in the government? That is why there seemed to be an unending issue about our political system here in the Philippines. One good example of this is about what happened on the 2004 National Elections wherein our President Gloria Macapagal Arroyo had been accused as a “Cheater” since during the duration of the National Election, a wired tapped conference between the President and the Commissioner in Mindanao asking how big is the gapped of her votes from her opponent Fernando Poe Jr.
    I proposed that this Section in Article 9 should be changed and make every Chairman and Commissioners be independent, not only this branch of system in our government but all of the Commissions as long as politics is concerned and Equality is the main issue , they should all be independent and the people from the Philippines should be the one to decide who really fits to be the Chairman and Commissioners of every system.

    Dissenting Opinion:
    Article 9, section 2, states that the Chairman and the Commissioners were appointed by the President.
    I think that the President should have the power to appoint the Commissioners and Chairman of commission of Election. The main advantage of this one is that she can control the orderliness and the cleanliness of the Election here in the Philippines.
    This appointing power is correct in a sense that the President itself will not run for his/her second term during the Election, meaning to say that she will give chance to other people who are also aspiring for the position of presidency.
    However, the main disadvantage of this is that after the appointment of each charman and commissioners , the President herself will run again for her next term as again the President of the Philippines. This is the main disadvantage because again there will be a lots of protest from people since an example of this is clearly happened last 2004 national Election. We cant deny the fact that still here in the Philippines we have what we so called dirty-politics where a candidate will do all the “evil plots” just to let him/herself win in the election.
    I therefore recommend for this article not to be changed but to add some restrictions or limitations for the power of the president to appoint the next chairman or commissioners. And it goes like this “ A president can appoint the chairman and commissioners of commission on election with the consent of Commission on appointment in the belief that the President that will appoint will not run for her second term in the forthcoming elections”.

  14. A. Concurring Opinion: Make a case for the removal of the President’s power to appoint the commissioner of the COMELEC.

    The Commission of Elections (COMELEC) is composed of a chairman and 6 commissioners. Its members are appointed by the president. Its purpose is for the purity of elections which is an important requisite in a sovereign government. It is also intended to be placed outside the influence of political parties and the control of the 3 branches of the government – legislative, judiciary and executive.

    Still, since the president has the power over the appointment of the members, the executive department exercises control over it, though little control it may be. It is flawed since it should not be influenced by politics or by the departmens.

    An amendment on the appointing power of the president should be made. The president should not have the only decision on the appointments, setting aside the influence of commission of appointments. The judiciary and the legislative should also be given equal power. Representatives from the 3 branches of the government should decide together who to appoint so that the decision is made with the consent of all.

    B. Dissenting Opinion.

    The Commission of Elections (COMELEC) is composed of a chairman and 6 commissioners. Its members are appointed by the president. Its purpose is for the purity of elections which is an important requisite in a sovereign government. It is also intended to be placed outside the influence of political parties and the control of the 3 branches of the government – legislative, judiciary and executive.

    The appointing power of the president over the COMELEC is correct basically because such power is constitutionally vested in him as stated in Article VII section 16 of the 1987 constitution. The rationale that the president should appoint the commissioners is correct.

    The president, as the executive has the appointing power and such power is not questionable since it is stated in the constitution and that the constitution is assumed to be correct and lawful. It is appropriate for him to appoint since he, as the highest official, is expected to see the needs of the commission clearly for the best interest of the country. Thus, the president should appoint the commissioners of COMELEC.

  15. 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.

  16. 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 authority to appoint officials to prove his sovereignty. The president is given the power to appoint the officials because his countrymen believe that he is capable of choosing the best decisions for the welfare of the country. The people voted for him, thus, the people fully trust the president and wholly believe in him. The president represents his people as one.

    2. Explain why the rationale is flawed.
    -The rationale is flawed because the president might exploit his power and appoint members of the COMELEC who favors him. We have the right to select the members of the committee that handles our elections. There can be no guarantee that the elections are properly handled by the COMELEC.

    3. Propose an amendment. Justify your proposal.
    -The members of the Commission on Elections must be elected.The president should not be able to manipulate the appointment of COMELEC.

    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 is given by the constitution the authority to appoint officials to prove his sovereignty. The president is given the power to appoint the officials because his countrymen believe that he is capable of choosing the best decisions for the welfare of the country. The people voted for him, thus, the people fully trust the president and wholly believe in him. The president represents his people as one.

    2. Explain why the rationale is correct.

    -The President is given this authority because the people voted for him. It is believed that he has the qualifications to choose what is best for the country. The authority to choose the commissioners of the COMELEC is vested upon the President as he represents the people.

    3. Justify why the President should appoint the commissioners of COMELEC.

    -The authority to choose the commissioners of the The president is given the power to appoint the officials because his countrymen believe that he is capable of choosing the best decisions for the welfare of the country. The authority to choose the commissioners of the COMELEC is vested upon the President as he represents the people.

  17. A.
    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.
    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.

  18. 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 is the head of the state. He represents the people in his every decisions. Appointing a new commissioner is like us people appointing the new commissioner.

    2. Explain why the rationale is flawed.
    -The president appointing the new commissioner can be biased. The president can abuse this power and appoint persons who favors the president. With this, the appointed person cannot perform the duty well. The commissioners every action maybe favorable to the president.

    3. Propose an amendment. Justify your proposal.
    – The members of the commission on election should not be appointed by the president. They should be elected by the people. It removes any favorable person for the president.

    B. Dissenting Opinion:
    (5 points)

    1. State the rationale (reason for being) for the President’s power to appoint the commissioners
    – The president is the head of the state. He represents the people in his every decisions. Appointing a new commissioner is like us people appointing the new commissioner.

    2. Explain why the rationale is correct.
    – The president is the representative of the people. Every action reflects the nation’s people. The president knows the best for the country. It is believed that he will make the right and best decision for the country.

    3. Justify why the President should appoint the commissioners of COMELEC.
    – According to our constitution, the president have the power to appoint government officials. Being the head of the state, he has full authority to appoint officials.

  19. A. Concurring Opinion:
    (5 points)
    1. State the rationale (reason for being) for the President’s power to appoint the commissioners
    of COMELEC.
    The Commission on Elections was created to have a unified body governing the whole election process in the Philippines. They have specific powers and exclusive jurisdiction concerning from the voting to the counting process of the elections. The members of the commission are picked by the president of the Philippines. The current president of the Philippines has received the greatest number of votes during the previous elections as such he/she is most trusted by the Filipino people and is credible of picking the members of the commission which will handle the next election.

    2. Explain why the rationale is flawed.
    The rationale is flawed due to the president’s sole power to appoint any one to be an official of the COMELEC. He/she may appoint any person in whom he/she can benefit from. The president may have a big influence in the coming election wherein no other person, especially those from political, parties may interfere.

    3. Propose an amendment. Justify your proposal.
    A unified body picking the members of the COMELEC must be created. This body should have all the rights to chose whoever must be the members of the COMELEC in the present time. The officials might be previous COMELEC members or a combination of representatives from each political party. In this manner a more balanced COMELEC would be created and is controlled by more people rather than the president himself/ herself.

    B. Dissenting Opinion:
    (5 points)
    1. State the rationale (reason for being) for the President’s power to appoint the commissioners
    of COMELEC.
    The Commission on Elections was created to have a unified body governing the whole election process in the Philippines. They have specific powers and exclusive jurisdiction concerning from the voting to the counting process of the elections. The members of the commission are picked by the president of the Philippines. The current president of the Philippines has received the greatest number of votes during the previous elections as such he/she is most trusted by the Filipino people and is credible of picking the members of the commission which will handle the next election.

    2. Explain why the rationale is correct.
    The rationale is correct because the president has the trust of the Filipino people. He/she has the credibility to choose whoever he/she may seem fit to that position. He/she as the president ensures the best interest of the nation.

    3. Justify why the president’s power to appoint the commissioners of COMELEC should stay.
    The president’s power should stay due to the fact that it is less troublesome for the Filipino people. Moneywise it is less expensive than any other method that may be enforced. It takes less people and also takes less time.

  20. A. Concurring Opinion:

    Under the Commission on Elections of Article IX Section 1, 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.

    The rationale is flawed because with the power vested on the President to appoint the commissioners of COMELEC, he/she may become bias in the appointment. There won’t be enough reassurance that no cheating would be involved in the elections.

    Another group of individuals should be created for the appointment of the Chairman and the Commissioners to prevent further involvement of the President on the appointment. It should be composed of individuals having enough knowledge on the matter.

    B. Dissenting Opinion:

    Under the Commission on Elections of Article IX Section 1, 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.

    The rationale is correct because basically it is vested in him/her by the Constitution. Whoever the President is, the people who voted for him/her have no say in his/her decision on the appointment because it is one of the President’s powers.

    The power vested upon the President should remain because first of all, he/she is the one voted by the people to represent the country. It means they put their trust on him/her to make the correct decisions for the betterment of the country.

  21. CONCURRING OPINION

    The Commission on Elections, also known as COMELEC, is one of the three constitutional commissions of the Philippines. Its principal role is to enforce all laws and regulations relative to the conduct of elections, initiatives, referendums, and recalls. It is composed of a Chairman and six other commissioners appointed by the President with the consent of the Commission on Appointments.

    Since the nature of the President’s power to appoint members is executive, politics, moreover the executive department, has great influence and involvement. Due to this reason, the rationale mentioned above becomes flawed. Politics, in any way, must not interfere nor have authority over the COMELEC.

    An amendment should be made with the power to appoint members of the COMELEC granted to the President, legislative and judiciary departments, each department having five representatives.

    DISSENTING OPINION

    The Commission on Elections, also known as COMELEC, is one of the three constitutional commissions of the Philippines. Its principal role is to enforce all laws and regulations relative to the conduct of elections, initiatives, referendums, and recalls. It is composed of a Chairman and six other commissioners appointed by the President with the consent of the Commission on Appointments.

    The rationale is agreeable because as President, represents the will of the nation.

    The COMELEC plays a very important role. It would not be practical if the people of the nation take part in appointing the members. Such process becomes time-consuming and costly. Seated as the highest official, the President decides for the benefit of the country. The President therefore embodies the ideas and actions of his people.

  22. A. Concurring Opinion:
    (5 points)
    1. State the rationale (reason for being) for the President’s power to appoint the commissioners

    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 flwaed because the president can pick the commisioner and since he/she was appointed by the president he/she must do anything what the president says.

    3. Propose an amendment. Justify your proposal.

    I belive that there must not be only one commissioner so as to have equality anf honesty. there must be different representatives from different regions that will share the position as commisioner for COMELEC.

    B. Dissenting Opinion:
    (5 points)

    1. State the rationale (reason for being) for the President’s power to appoint the commissioners

    The president is given by the constitution the power to appoint officials to prove his sovereignty. He represents the nation as a whole, given the power to appoint the officials because the people believe that he is capable of making the right decisions for the benefit of the country.

    2. Explain why the rationale is correct.

    this is true because people elected the president. the people with their own desicion picked the president because they truts him/her to make good decisions for the benefit of the country.

    3. Justify why the Judicial and Bar Council should stay.

    The President should appoint the commissioners of COMELEC because the people of the nation already vested their will to the President to represent them. The President is just representing the people by practicing his/her power to appoint public officials

  23. A. Concurring Opinion:
    1. The reason for giving the President the power to appoint the commissioners is that he/she is the representative of this republic. And when he appoints the members or the COMELEC, it is as if we voted for those he appointed.

    2. 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. The appointment by the president must me abolished and let the nation chose who will supervise the elections. It will be a voting process; just like the other officials, the only difference is that the election of COMELEC members will be once per 7 years .
    B. Dissenting Opinion:
    1. The reason for giving the President the power to appoint the commissioners is that he/she is the representative of this republic. And when he appoints the members or the COMELEC, it is as if we voted for those he appointed.

    2. The rationale is correct because if we will vote for the COMELEC members, the running parties will recruit those running for the COMELEC position and when that person wins, that person will be obliged to return favor for helping them.

    3. The COMELEC should stay because it is the one who facilitates the registration of
    political parties or coalitions.

  24. A. Concurring Opinion:

    Article 9, Section 1, (2) clearly states that the President’s power to appoint the commissioners of COMELEC is one of his/her duty. The president’s sovereign power to govern the country and appoint officials like the one in the COMELEC is being practiced.

    The rational is flawed in the sense that the president can obviously appoint someone which may result to an abuse of power. The President can be somewhat be “invulnerable” on issues regarding the election to be exact. The commissioners can protect the president to return the favor of placing them in that position in the COMELEC by the President.

    An independent body which rightfully represents the whole country should be made to remove the probable abuse of political power of the president.

    B. Dissenting Opinion:

    Article 9, Section 1, clearly states that the President’s power to appoint the commissioners of COMELEC is one of his/her duty. The president’s sovereign power to govern the country and appoint officials like the one in the COMELEC is being practiced.

    The rationale is justified because as we voted the President, he/she is responsible for the higher offices to be controlled by the president. It is assumed that the President knows what he/she is doing and preferably connoted as right and the best for our country.

    As a ruler of the country, the president’s power to take charge in appointing the commissioners of COMELEC should remain. Primarily because it is what the constitution states and whoever the president appoints, it is rest assure that he/she is highly qualified for that position.

  25. A. CONCURRING OPINION
    1. State the rationale for the President’s power to appoint commissioners of the Commelec.
    The powers of the President to appoint is vested upon him in the time that he won the elections through the citizen’s votes.
    2. Explain why this rationale is flawed.
    It is flawed because a biased decision may occur when the president is appointing the persons for the Commelec because he may use his/her powers to appoint those he/she may personally know.
    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.
    The powers of the President to appoint is vested upon him in the time that he won the elections through the citizen’s votes.
    2. Explain why the rationale is correct.
    Because the people chose the one seated as president, it is like the president is the voice of the people, thus making the rationale correct when the president is choosing the Commelec.

    3. Justify why the President should appoint the commissioners of COMELEC.
    Just like above, the president serves as the representative of the people, thus making him the “voice” of the country. Thus, the president has all the right to choose the commissioners of the Commelec.

  26. A. Concurring Opinion:

    The President has the power to appoint the commissioners because he/she has the highest position recognized in the country, and is entitled to make decisions on appointment of people that will fill certain positions in the government.

    The rationale is flawed because the president’s decision may be biased to the persons who pleases him or her than those who he or she developed personal grudges upon. It is a very common scenario that people aspiring to have the position makes ways to please the president, and such ways are not always the way of persons with dignity and self-respect and are more qualified for the position. Some may even have conflicts with their personal relationship with the president because of their conviction, but in any sense does not make them any less deserving to be appointed by the President.

    Since the appointees must be members of the Philippine bar, it is better that the members of the Philippine bar themselves vote for the members of the COMELEC, for they know better the persons claiming to be qualified for the position. It doesn’t take away bias but at least with more people to decide, the biases are breaking even.

    B. Dissenting Opinion:

    The President has the power to appoint the commissioners because he/she has the highest position recognized in the country, and is entitled to make decisions on appointment of people that will fill certain positions in the government.

    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.

    For her to appoint the COMELEC members does not always make the members liable of giving her back favors. In fact, it hastens the process because it we settle for votation it may take a longer time and a lot more questions for opposing parties. If the president decides, her authority does not put a question mark but a period in making the appointment.

  27. A. Concurring Opinion:
    1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
    The president is given the power to appoint the commissioners of the COMELEC, since he represents the whole nation. The president’s verdict reflects as the choice of the entire country.
    2. Explain why the rationale is flawed.
    The rationale is flawed because the one to assign the commissioner of the COMELEC is the President. Therefore he may control & manipulate the commissioner of the COMELEC, in this manner, hindrances will not be a dilemma because members whom he chose are in favor of his decisions.
    3. Propose an amendment. Justify your proposal.
    The commissioners of the COMELEC must be voted and not appointed by the President himself. Thus, it must undergo a certain process like election perhaps.
    B. Dissenting Opinion:
    1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.
    The president is given the power to appoint the commissioners of the COMELEC, since he represents the whole nation. The president’s verdict reflects as the choice of the entire country.
    2. Explain why the rationale is correct.
    The rationale is correct because the president is vested with the authority by the very same majority of the people of the country. Thus making his decision a reflection of the nation’s decision.
    3. Justify why the President should appoint the commissioners of COMELEC.
    The president has the right to appoint the commissioners of the COMELEC, since he was voted by the nation. This makes him the country’s representative.

  28. A. Concurring Opinion:

    1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.

    The president is given the power to appoint the commissioners of the COMELEC, since he represents the whole nation. The president’s verdict reflects as the choice of the entire country.

    2. Explain why the rationale is flawed.

    The rationale is flawed because the one to assign the commissioner of the COMELEC is the President. Therefore he may control & manipulate the commissioner of the COMELEC, in this manner, hindrances will not be a dilemma because members whom he chose are in favor of his decisions.

    3. Propose an amendment. Justify your proposal.

    The commissioners of the COMELEC must be voted and not appointed by the President himself. Thus, it must undergo a certain process like election perhaps.

    B. Dissenting Opinion:

    1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.

    The president is given the power to appoint the commissioners of the COMELEC, since he represents the whole nation. The president’s verdict reflects as the choice of the entire country.

    2. Explain why the rationale is correct.

    The rationale is correct because the president is vested with the authority by the very same majority of the people of the country. Thus making his decision a reflection of the nation’s decision.

    3. Justify why the President should appoint the commissioners of COMELEC.

    The president has the right to appoint the commissioners of the COMELEC, since he was voted by the nation. This makes him the country’s representative.

  29. 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 COMELEC.

    The rationale for the President’s power to appoint the commissioners of the COMELEC is all about the representation of the President as the mind and voice of the country and all the people of the nation. The President is voted by the people meaning they have given him/her their trust that he/she will lead the country through its common goal. When the President appoints the commissioners, it’s as if the whole country appointed them.

    2. Explain why the rationale is flawed.

    The rationale is flawed because every person has the tendency to be tempted or manipulated, even the President. The President, given this power, may be advised by any person who has political interest to appoint those people who can do them great favor especially during elections. The President himself may be tempted to appoint anyone who is in favor of him and manipulate the election proper. Another thing is that those appointed may find themselves having a debt of kindness to the President and doing any favor asked by him/her. An example is the “Hello Garci” scandal.

    3. Propose an amendment. Justify your proposal.

    The COMELEC Chairman must not be appointed by the President. Instead, it should also be an elected official. On the other hand, the commissioners must be chosen by promoting deserving COMELEC employees and to be approved by the COMELEC Chairman. In this way, biased elections and favored electoral candidates will be minimized.

    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 rationale for the President’s power to appoint the commissioners of the COMELEC is all about the representation of the President as the mind and voice of the country and all the people of the nation. The President is voted by the people meaning they have given him/her their trust that he/she will lead the country through its common goal. When the President appoints the commissioners, it’s as if the whole country appointed them.

    2. Explain why the rationale is correct.

    The President won by getting majority of the votes of the people. It means that the majority have given their trust to the President. They chose the President to be their representative to speak for their voices and decide for the country. The rationale is correct because when the President chooses the COMELEC Chairman and its commissioners, it’s like the people of the nation who are choosing them.

    3. Justify why the President should appoint the commissioners of COMELEC.

    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.

  30. A. Concurring Opinion
    The President embodies the whole nation. Thus, the decision of the President should represent the decision of the whole nation. Also, the President is given the power to appoint the commissioners of different department as stated in Article 9, Section 1.
    The rationale is flawed because the president may appoint candidates with bias. He/She may appoint candidates who he/she thinks may help him/her achieve whatever he/she plans to do with the country.
    This power given to the President should be removed. I believe that like the other officials, the Commissioners of the COMELEC should also be elected by the people. The COMELEC plays a vital role in nationwide elections. Thus, the people should have a say as to who would supervise the said elections.
    B. Dissenting Opinion
    The President embodies the whole nation. Thus, the decision of the President should represent the decision of the whole nation. Also, the President is given the power to appoint the commissioners of different department as stated in Article 9, Section 1.
    The President is elected by the people. Through this election, it is understood that the people gives him/her the power to appoint as to who his/her under officials would be because the president knows which candidate is best suited for the position.
    The President must be the one to appoint the commissioner since it is a power given to him/her. Also, he/she is entrusted by the people that he/she will appoint the candidate who may contribute to better our nation.

  31. A. Concurring Opinion:

    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 Chairman and the commissioners of the Commission on Elections. He/she represents the will of the citizens.

    2. Explain why the rationale is flawed.

    >> It is flawed because the President can abuse his/her power. It can give the President the power to control the elections, since the commissioners are somewhat affiliates of the President.

    3. Propose an amendment. Justify your proposal.

    >> Appointment of Chairman and Commissioners of the COMELEC must also be done through election. The people shall have the power to choose and voice out their choices as to whom deserves to be in the said positions.

    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 power to appoint the Chairman and the commissioners of the Commission on Elections. He/she represents the will of the citizens.

    2. Explain why the rationale is correct.

    >> Since the President has the Executive power, it is just right to give him/her the right to appoint officials suited for the positions in the COMELEC.

    3. Justify why the President should appoint the commissioners of COMELEC.

    >> The President should still appoint the officials of the COMELEC because it is included in his/her power. The people have entrusted him/her when they voted for him/her, and so the decisions of the President must be respected.

  32. A. Concurring Opinion:

    1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.

    This power was given to the president the moment he/she took his/her oath of presidency. It is only constitutional for this to occur.

    2. Explain why the rationale is flawed.

    This may create the possibilty of manipulation of the election systems in the country through the appointed members of the president.

    3. Propose an amendment. Justify your proposal.

    The appointment of the members of the COMELEC may be given to the congress adn the senate, though it will be a much longer process, the credibility may still be trusted with a group of people’s opinions rather than a single entity only.

    B. Dissenting Opinion:

    1. State the rationale (reason for being) for the President’s power to appoint the commissioners of COMELEC.

    This power was given to the president the moment he/she took his/her oath of presidency. It is only constitutional for this to occur.

    2. Explain why the rationale is correct.

    It is only right because when the people elected the president, it is understood that they trust the judgement of that person on anything with regard to the country is for the good of it.

    3. Justify why the President should appoint the commissioners of COMELEC.

    Being the president gives the responsiblity to maintain the trust of the people so it is only right that the people to be appointed is implicitly approved by the people of the country.

  33. 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.

    The President has the power to appoint the commissioners of the COMELEC because he/she represents the will of the nation’s people, since she was put into power by the people

    The rationale is flawed because this increases the influence of the President on elections. Although there is only one term given to a President, factions exist in the government and the president’s ability to appoint the commissioners may effect the outcome of elections to be favorable to certain parties.

    A possible solution to this is for there to be a different body in charge of selecting the commissioners of the COMELEC. This would eliminate favor for certain parties and ensure that the elections are carried out fairly and correctly

    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 President should appoint the commissioners of COMELEC

    The President has the power to appoint the commissioners of the COMELEC because he/she represents the will of the nation’s people, since she was put into power by the people

    This rationale is correct because as President, it is expected of him/her to make the decisions regarding matters of state to be for the best interest of the people. Thus his/her appointments try to ensure that the COMELEC also acts for the interest of the people and not any other parties.

    As stated above, the President’s power to appoint the commissioners of the COMELEC try to ensure that the COMELEC makes decisions that are correct and with the benefit of the country’s people in mind.

  34. A. Concurring
    The president was voted by the people to do appointments like commissioner of COMELEC.
    The rationale is not right because the assigned will have a sense of gratitude that he will even do the presidents favor. Commissioners must be elected by the people and choose the deserving applicant.
    B Dissenting
    The president was voted by the people to do appointments like commissioner of COMELEC.
    It is right that the president has the power to choose because the president was elected by the people to do his or her responsibilities. It is written on the constitution that the president has the power to apponint commissioners.

  35. 1. State the rationale (reason for being) for the President’s power to appoint the commissioners
    of COMELEC.

    Due to his/her power the President as the Chief of the country has right to apoint COMELEC commisioners.

    2. Explain why the rationale is flawed.
    However, personal intentions of the President may put some bias in appointing the commisioners.

    3. Propose an amendment. Justify your proposal.
    It may be right to not have the President appoint the commisioners him/herself, it would be better if the commision of appointments would have a say in appointing COMELEC commisioners

    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.
    The rationale is correct because the President is the Chief of Staff of the country therefore has the right to appoint commisioners of the Commisions on Elections
    3. Justify why the Judicial and Bar Council should stay.
    JBC should stay because it retains the freedom of our country and it strengthens the independence of our judiciary system

  36. 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 the right to appoint the commisioners to represent them as a whole nation.

    2. Explain why the rationale is flawed.
    -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. Propose an amendment. Justify your proposal.
    -the people should also have the right to vote whoever is right in that position.

    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 the right to appoint the commisioners to represent them as a whole nation.

    2. Explain why the rationale is correct.
    -it is correct because the president has the right to appoint leaders because he/she is voted to lead and to lead is to appoint good leaders.

    3. Justify why the President should appoint the commissioners of COMELEC.
    – the president should appoint the commissioners because he/she was voted by the people to know what is best for the assigned position.

  37. 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 the appoint the commissioners of COMELEC because beig the president of the country, he/she knows who is best for the said job and can carry the task the said position requires.

    2. Explain why the rationale is flawed.

    it is flawed because the president can abuse his/her appointing power and appoint persons who are not worthy of such position.

    3. Propose an amendment. Justify your proposal.

    i suggest that the president chooses from a list of candidates just like what they do in the judiciary department.

    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 the appoint the commissioners of COMELEC because beig the president of the country, he/she knows who is best for the said job and can carry the task the said position requires.

    2. Explain why the rationale is correct.

    the rationale is correct because who knows more about the persons to be appointed in the COMELEC but the Chief Executive himself/herself. The President surely has a board of advisers who can suggest some persons to be appointed but in the end the President is the one who will make the final decision and decide who will be the commissioners.

    3. Justify why the Judicial and Bar Council should stay.

    the JBC should stay because it is a competent and trust-worthy body that is insulated from any parties and factions. it should stay also because it is the one who can check the appointing power of the president (though not directly)

  38. A. Concurring Opinion:

    Article 9, Section 1, (2) states that the President’s power to appoint the commissioners of COMELEC is one of his/her duty. The President is given this power to appoint because he/she represents the will of the people. He/she embodies the nation because he/she was voted by the people.

    The rationale is clearly flawed because the president can choose anyone of his/her loyal dogs to do his/her bidding. Who ever is appointed by the President is of course obliged to obey him/her to return the favor of being appointed. The COMELEC is very likely to be corrupted because of this.

    In order to remove the influence of the President in the COMELEC, the citizens of the Philippines should be the one to choose the commissioners of the COMELEC, thus avoiding any kind of manipulation and corruption.

    B. Dissenting Opinion:

    Article 9, Section 1, (2) states that the President’s power to appoint the commissioners of COMELEC is one of his/her duty. The President is given this power to appoint because he/she represents the will of the people. He/she embodies the nation because he/she was voted by the people.

    The rationale is reasonable because we, the citizens of the Philippines, are the ones who voted for the person to be our President, to lead us and to represent us, thus the decision of the President is the decision of the nation.

    We voted for our President, therefore he/she embodies the will of the people thus he/she could be trusted in appointing the right person for the job. This also makes the process of choosing the commissioners less time consuming and more efficient.

  39. 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.

    The President’s power to appoint the commissioners of the COMELEC and other position in other departments is about the representation of the President as the heart and mind of the country and all the people that he governs. The President is an embodiment of the people who voted him to represent them thus giving him the trust in every decision he made. When the President appoints the commissioners, it’s as if the whole country appointed them.

    This power of the president is flawed. The power to appoint people into power is to much for the president to have. This makes his power absolute. Also the president may be influence by others in such appointment making it unjust. Remember that every person be tempted or even worse manipulated. The president is also human and can make his decision not sturdy that can lead to mismanagement.

    To amend this, I say that this power is to be given to a panel or some sort of group that can appoint worthy and right people, like the commission of appointment. This will lead to a no bias appointment.

    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.

    The President’s power to appoint the commissioners of the COMELEC and other position in other departments is about the representation of the President as the heart and mind of the country and all the people that he governs. The President is an embodiment of the people who voted him to represent them thus giving him the trust in every decision he made. When the President appoints the commissioners, it’s as if the whole country appointed them.

    The president won the election by the majority of votes of the people meaning that the people trusted him to become their leader and vested her to power stated in the constitution. The president can appoint the commissioner in the COMELEC not only it is stated in the constitution and also because he has the capabilities to appoint them. As the president he will chose what is the common good for the country.

    Trusted by the whole country the president will appoint people who willing and capable in doing the job. He will not put the whole country in harms way.

  40. A. Concurring Opinion:

    1. State the rationale (reason for being) for the President’s power to appoint the commissioners
    of COMELEC.

    – The decision of the President should represent the decision of the whole nation. Also, the President is given the power to appoint the commissioners of different department as stated in Article 9, Section 1.

    2. Explain why the rationale is flawed.

    – The president may choose the people who are in favor with him/her. Eventhough we have the power to vote there stiil no guarantee that the elections are properly handled by the COMELEC.

    3. Propose an amendment. Justify your proposal.

    – The members of the Congress should be the one appointing members of COMELEC. The congress best represents the people of the Philippines for they are greater in number. The decision in choosing will be less biased and more reliable.

    B. Dissenting Opinion:

    1. State the rationale (reason for being) for the President’s power to appoint the commissioners
    of COMELEC.

    – The decision of the President should represent the decision of the whole nation. Also, the President is given the power to appoint the commissioners of different department as stated in Article 9, Section 1.

    2. Explain why the rationale is correct.

    – The president has the power to appoint the members of the COMELEC because he/she is the only one who knew who are the people that is right for that positions.

    3. Justify why the Judicial and Bar Council should stay.

    – The power in choosing the commissioner should be given the president for it is what is constitutional. It is also the less time consuming and money efficient way to select the commissioners.

  41. A. Concurring Opinion

    The rationale of the appointing power of the President to the Commissioner of COMELEC is that the president embodies the whole nation, to which he/she is voted by the masses and therefore must think who is most fit to fill the commissioner’s seat.

    The rationale is flawed because it allows biasing in the decisions of the president and may cause him/her to appoint someone whom he/she favors and there may also be an abuse to the appointing power.

    The appointing power must not fall under the jurisdiction of the president but to the sovereign nation. A nationwide election must be held in choosing on who must fill the position of the commissioner.

    B. Dissenting Opinion

    The rationale of the appointing power of the President to the Commissioner of COMELEC is that the president embodies the whole nation, to which he/she is voted by the masses and therefore must think who is most fit to fill the commissioner’s seat.

    The rationale is correct because the president is the embodiment of the Filipino people and therefore the president is the only person who has the right of appointing officers and members.

    The president should appoint the commissioners of the COMELEC since the president is already vested the power and he/she is chosen by the people to make decisions that would be good and fit for the Filipinos.

  42. A. Concurring Opinion

    The rationale for the President’s power to appoint the commissioners of the COMELEC is that being the President of the Philippines, the people has entrusted him to be the representative of the whole nation. The President’s choice is the people’s choice. Besides, the President can not appoint any Chairman or Commissioner for the COMELEC without the consent of the Commission of Appointments.

    The rationale for this provision is flawed because the President may have biased decisions in appointing the set of Chairman and Commissioners for the COMELEC. He can appoint those people who are in favor of him.

    I can recommend that the appointment of the Chairman and Commissioners of the COMELEC be done through votation. The people should vote for them so that there will be no biases in appointing the said positions.

    B. Dissenting Opinion

    The rationale for the President’s power to appoint the commissioners of the COMELEC is that being the President of the Philippines, the people has entrusted him to be the representative of the whole nation. The President’s choice is the people’s choice. Besides, the President can not appoint any Chairman or Commissioner for the COMELEC without the consent of the Commission of Appointments.

    The rationale is correct. Since the President is chosen by the people, he is entrusted by the people for his capability of making the right decisions for the nation. A good exercise for this decision making is through appointing the Chairman and the Commissioners of the COMELEC.

    I believe that the elected President is capable of making the right decisions for the nations and therefore, he should have the power to appoint the Chairman and Commissioners for the COMELEC. The President is the best representative for the people of the Philippines.

  43. 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.

  44. 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 Commissioner is important because of the fact that he/she is the one to supervise the elections which holds great importance for our countries future. While the President is the representation of the whole country which makes it that the people are also the ones to that has chosen the commissioner.

    2. Explain why the rationale is flawed.

    Because it may be a biased decision because the person the President chooses might be a person whom he/she will gain profit from and control the elections from the dark.

    3. Propose an amendment. Justify your proposal.

    I propose that the position of commissioner would also be voted by the citizens of the nation so as to avoid bias decision that would lead to untruthful work by the commissioner.

    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 Commissioner is important because of the fact that he/she is the one to supervise the elections which holds great importance for our countries future. While the President is the representation of the whole country which makes it that the people are also the ones to that has chosen the commissioner.

    2. Explain why the rationale is correct.’

    It is correct because of the fact the nation has chosen the President thus placing a great deal of trust on him/her therefore making the Presidents decision being trusted by the nation.

    3. Justify why the President should appoint the commissioners of COMELEC.

    The President should appoint the commissioner of the COMELEC because of the fact that he is the representative of the nation so as not to waste time and resources on voting.

  45. 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.

  46. A. Concurring Opinion:
    (5 points)
    Make a case for the abolition of the Judicial and Bar Council.
    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
    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. Explain why the rationale is flawed.

    The rationale is flawed because the president is the one to choose from the appointees, He may be unfair because he may choose the one who is close to him or he may choose the one who he can control. Therefore the president may use this on his advantage

    3. Propose an amendment. Justify your proposal.

    The JBC must also be the one to choose from the appointees because they know better than the president who really deserves the position.
    B. Dissenting Opinion:
    (5 points)
    Make a case for the status quo (current state of affairs).
    1. State the rationale (reason for being) of the creation of the Judicial and Bar Council.
    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. Explain why the rationale is correct.
    The rationale is correct because the president can exercise his power through choosing what he thinks deserves the position. And also by this he will gain extra respect from the JBC.

    3. Justify why the Judicial and Bar Council should stay.

    The JBC should stay because they know who deserve to be appointed and not just leave the power alone to the president. And they are the one responsible for the Philippine Bar Examinations

  47. A. Concurring Opinion:
    (5 points)
    1. State the rationale (reason for being) for the President’s power to appoint the commissioners
    of COMELEC.

    The basic principle that sovereignty resides in the people and all government authority emanates from the President since she was elected by the people. And so, the President is the rightful one to appoint the commissioners of COMELEC

    2. Explain why the rationale is flawed.
    The rationale is flawed because the President’s decision can be biased and affected by the different factors around him/her. The President has no absolute protection from what’s going on around, she can be easily influenced given the chance that it will benefit him/her.

    3. Propose an amendment. Justify your proposal.
    As an amendment, it will be rightful that the people, as they were the one who choose the President, be responsible for appointing the commissioners of COMELEC.

    B. Dissenting Opinion:
    (5 points)
    1. State the rationale (reason for being) for the President’s power to appoint the commissioners
    of COMELEC.

    The basic principle that sovereignty resides in the people and all government authority emanates from the President since she was elected by the people. And so, the President is the rightful one to appoint the commissioners of COMELEC
    2. Explain why the rationale is correct.
    The people are the ones who put the President in the position to represent the country as one. Having done that, it is out of good judgment and free will that the people think she will be a responsible representative when it comes to the country’s good.
    3. Justify why the President should appoint the commissioners of COMELEC
    As a representative of the people , the President should be the one to appoint the commissioners of COMELEC because it is the people’s decision to make her have the power to decide which are best for the country.

  48. 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 has the power to appoint the commissioners of the COMELEC. The president is given this power because he/she is the leader of the country. The people chose a president to lead them and they expect him/her to be able to at least to these kinds of tasks.

    2. Explain why the rationale is flawed.
    The rationale is flawed because the president can still prioritize his/her own interests and appoint commissioners that are in her favour. This could give the president power to manipulate the elections.

    3. Propose an amendment. Justify your proposal.
    The commissioners of the COMELEC should be elected by the people. The COMELEC handles the election in which the leaders of our country are elected. The commissioners should also be elected to ensure the credibility of the election.

    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 has the power to appoint the commissioners of the COMELEC. The president is given this power because he/she is the leader of the country. The people chose a president to lead them and they expect him/her to be able to at least to these kinds of tasks.

    2. Explain why the rationale is correct.
    This is correct because the people elected the president because they believe that he/she will make the right decision especially in tasks such as these.

    3. Justify why the President should appoint the commissioners of COMELEC.
    The president symbolizes the hopes and beliefs of the people. They elected him/her so that he/she will make decisions that will benefit the country.

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