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CHAPTER 13: THE CONSTITUTIONAL COMMISSION

The 3 commissions: COA, COMELEC & CS


To ensure independence:
i) Created by the constitution and may not be abolished by statute
ii) Described as independent
iii) Conferred with functions and cannot be withdrawn by statute
iv) Chairmen and members may not be removed except by impeachment
v) Chairmen and members- 7 years term
vi) Terms-staggered. To lessen opportunity for appointment of the majority of the
body by the same president
vii) May not be appointed or re-appointed in an acting capacity
viii) Salaries- relatively high
ix) Exercise fiscal autonomy
x) Subject to certain disqualification and inhibitions to strengthen integrity
xi) They can appoint their officials and member however, still subject to Civil
Service Law.
SALARIES
- Chairmen P204,000
- Members P180,000
- Salaries have been increased and may not be decreased during the
continuance of office.
DISQUALIFICATION
- Should not hold any other office or employment
- Should not engage in the practice of any profession
- Should not engage in an active management or control of any business
which in any way may be affected by the functions of his office
- Should not be financially interested, directly or indirectly, in any contract in
relation to government
- Purpose: compel the chairmen and members of the concom to focus on their
function
STAGERRING TERMS
- All members of the 3 commissions are supposed to serve 7 terms, except
the first appointees.
- Original appointees given 3,5,7 years term
- Vacancy is every 2 years and to be filled by subsequent appointees who
would serve the full term of 7 years
- Requisites for the effective operation of the rotational scheme:
The original members of the Commission shall begin their terms on
a common date
Any vacancy occurring before the expiration of the term shall be
filled only for the balance of such term
REAPPOINTMENT
- Whether or not a member of the commission may be reappointed if he has
not served the full term of 7 years?
Nacionalista Party vs De Vera- Affirmative. Reappointment is
constitutional since De Vera had not served the full 9 years term.
Republic vs Imperial- Negative. Reappointment violation of the
constitution. In an acting position.
Brillantes vs Yorac- Associate chairman was designated as chairman
by President Aquino, when the regular chairman assumed another
position in the government. Then it was challenged.
SC said Solicitor General could not be appointed acting
member of the COMELEC. The reason of the SC was that the
revocable nature of his appointment, coupled with the fact
that as a Solicitor General he was subject to the Presidents
constitutional power of control, would impair his
independence in the election body.
PROCEEDINGS
- Article IX-A Section 7:
Shall decide by a majority vote of all its members any case or matter
brought before it within 60 days from the date of its submission for
decision or resolution
A case or matter is deemed submitted for decision filing of the last
pleading, brief or memorandum
Unless otherwise provided by the constitution.
May be brought to the SC for certiorari by the aggrieved party
within 30 days from the receipt of a copy thereof.

CHAPTER 14: CIVIL SERVICE COMMISSION
COMPOSITION AND QUALIFICATION
- Chairmen and Members:
Natural-born citizens of the Philippines
a t least 35 years old
Proven capacity for public administration
Must not have been candidates for any elective position in the
elections immediately preceding their appointment
- Chairmen and Commissioners
Appointed by the president with the consent of Commission on
Appointments
7 years term without reappointment
SCOPE OF CIVIL SERVICE
- All branches, subdivisions, instrumentalities, and agencies of the
Government, including government owned or controlled corporations with
original charters.
- Corporations which are subsidiaries of those that were created by special
laws (GSIS, SSS), are not covered
- Career Service Characterized:
a. Entrance based on merit and fitness to be determined as far as
practicable by competitive examinations, or based on highly
technical qualifications
b. Opportunity for advancement to higher career positions
c. Security of tenure
- Career Service includes:
a. Open career positions for appointment to which prior qualification
in an appropriate examination is required
b. Closed career position which are scientific or highly technical in
nature
c. Positions in the Career Executive Service
d. Career officers, other than those in CES, who are appointed by the
President
e. Commissioned officers and enlisted men of the AFP, maintains
separate merit system
f. Personnel of the government-owned or controlled corporations
(prop/non-prop), who do not fall under the career service
g. Permanent laborers
- Non-career service characterized:
a. Entrance on bases other than those of the usual tests of merit and
fitness utilized for the career service
b. Tenure which is limited to a period specified by law or which is
coterminous with that of the appointing authority or subject to his
pleasure, or which is limited to the duration of a particular project
for which purpose employment was made.
- Non-career service includes:
a. Elective officials and staff
b. Department heads, Cabinet rank
c. Chairmen and members of commissions
d. Contractual personnel
e. Emergency and seasonal personnel
APPOINTMENTS
- 2 kinds of appointment:
Permanent issued to a person who meets all the requirements for
the position.
Temporary issued to a person who meets all the requirements for
the position, however there is still an absence of appropriate
eligibility and it has become necessary in the public interest to fill a
vacancy. Shall not exceed 12 months. Do not have definite term.
Exception Excepted form the requirement for competitive
examinations are the policy-determining, primarily
confidential and highly technical positions.
- Policy determining position is one charged with
the laying down of principal or fundamental
guidelines or rules
- Highly-technical position requires the appointee
thereto to possess technical skill or training in the
supreme or superior degree.
SECURITY OF TENURE
- no officer or employee of the CS shall be suspended or dismissed except
for cause as provided by law
- Administrative Code of 1987 provides for the grounds for the discipline of
civil servants. Non-compliance will constitute a denial of their constitutional
security of tenure.
Pending Administrative investigation, he shall be subject to
preventive suspension, shall be lifted after 90 days if he is not an
appointee of the president unless delay in the conduct of the probe
is imputable to him.
PARTISAN POLITICAL ACTIVITY
- means the active support for or affiliation with cause of a political party or
candidate.
- no officer or employees in the CS shall engage, directly or indirectly in any
electioneering or partisan political campaign
- What is prohibited is the use of the officials authority or influence to coerce
the political activity of any person and to solicit contributions from their
subordinates or subject them to any of the acts involving subordinates
prohibited in the Election Code.
- However they are free to express their views and mention names of
candidates they are voting.
- Exempted from the prohibition : Cabinet
- AFP included in the prohibition for obvious reasons, its direct involvement in
partisan political affairs could exert an unhealthy pressure on the electorate
to the prejudice of our democratic institutions
- Purpose of the prohibition 2 folds:
To prevent members of the civil service from using resources of the
government for the benefit of their candidates
To insulate them from political retaliation from winning candidates
they have opposed or not supported.
SELF-ORGANIZATION
- the right to self-organization shall not be denied to government
employees
This do not include the right to strike because the terms of
employment is governed by laws and not determined in the
discretion of the government or by its agreement with the workers.
The employees should not strike or effect stoppage of work for the
purpose of securing changes in the law.
TEMPORARY EMPLOYESS
- Do not have fix terms and are removable at pleasure
- Still protected by the constitution as may be provided by law
The congress may provide that temporary employees who acquire
CS eligibility for the position he acquired may automatically be
made permanent.
And for the time being, as temporary employee, he may enjoy leave
privileges and other benefits during the incumbency.
OBJECTIVE OF THE CIVIL SERVICE
- Shall establish a career service and adopt measures to promote morale,
efficiency, integrity, responsiveness, progressiveness, and courtesy in the
civil service,
- Shall strengthen the merit and rewards system, integrate all human
resources development programs for all level ranks
- Institutionalize a management climate for conducive to public accountability
- Shall submit to the President and the Congress an annual report on its
programs
OATH
- After the ratification of the 1987 consti, all public officials and employees,
took oath to support and defend it
DISQUALIFICATION
- no elective official shall be eligible for appointment or designation in any
capacity to any public office or position during his tenure.
- Appointive official, unless otherwise provided by law or by the primary
functions of his position, he shall not, hold any other office or
employment in the Government or subdivision, agency or instrumentality
thereof, including government-owned or controlled corporations or their
subsidiaries.
- Elective official is now permitted to accept appointive office during his term,
subject only to the forfeiture of his elective position
Shall not apply to Pres, V-pres and cabinets, deputies
- No losing candidate shall within one year be appointed to any office of the
government, or any government-owned or controlled corporations or in any
of their subsidiaries
STANDARD COMPENSATION
- The congress will provide for the standardization of salaries, taking into
consideration the nature of the responsibility pertaining to, and the
qualifications required for, their positions
DOUBLE COMPENSATION
- Prohibited, unless specifically authorized by law
- Purpose:
To inform the people of the exact amount of their compensation
Prevent public functionary from driving his time among the several
positions concurrently held by him

CHAPTER 15: COMELEC
- Membership from 3 to 9 and now 7.
- Powers modified
- Purpose, to be more effective instrument in maintaining the secrecy and sanctity of
the ballot as the concrete expression of the will of the sovereign people.
COMPOSITION AND QUALIFICATIONS
- Chairman
- 6 Commissioners
- Natural-born
- 35 years old
- College degree
- Must not have been candidates for any elective position in the immediately
preceding elections
- Majority thereof, including the chairman shall be lawyers who have been
engaged in the practice of law for at least 10 years
- Shall be appointed by the president with the consent of COA
- Purpose, decrease of membership from 9-7 was intended to facilitate
decisions of the Commission en banc by concurrence of only 4 members
constituting a majority of the body.
POWERS AND FUNCTIONS
1. Enforcement of Elections
- Art IX-C, Sec 2. Conferred enforcement of Election Laws to
COMELEC
- COMELEC can:
- Require compliance with rules for the filing of certificates of
candidacy,
- Prevent or prosecute election offenses
- Supervise the registration of voters and the holding of polls
and see to it that the canvass of the votes and the
proclamation of the winners are done in accordance with
law
- Has the power to annul an illegal registry of voters
- Cancel a proclamation made by the board of canvassers on
the basis of an irregular or incomplete canvass
- Can also reject nuisance candidacies
- To give more teeth to its authority
- no pardon, amnesty, parole or suspension of sentence for
the violation of election laws, rules and regulations shall be
granted by the President without the favorable
recommendation of the Commission.
2. Decision of Election Contents
- Original jurisdiction
- Decisions are final and executory, not appealable.
- Can be appealed in SC in certiorari, limited only to the
question of law involving lack or excess of jurisdiction.
- Commission exercises appellate jurisdiction over the contests
involving municipal or barangay official as originally decided by the
regional or municipal trial courts. Its decision here is final and
executory.
- This rule does not conflict with the minimum appellate jurisdiction
of the supreme court.
- Not a judicial tribunal but an administrative body
- May sit en banc or in divisions of two. MR is to be decided en banc.
3. Decision of Administrative Questions
- decide, except those involving the right to vote, all questions
affecting elections, including determination of the number and the
location of polling places, appointment of election officials and
inspectors, and registration of voters
4. Deputization of Law-Enforcement Agencies
- May be exercised only with the consent of the President
- recommend to the President the removal of any officer or
employee it has deputized, or the imposition of any of the other
disciplinary action, for violation or disregard of, or disobedience to,
its decision, order, or directive
5. Registration of Political Parties
- Necessary.
- This will enable the commission to determine if the party who is
seeking registration is not entitles thereto because it is a religious
group or subversive in nature or purpose etc.
6. Improvement of Elections
- COMELEC can recommend measure for the improvement of the
elections to the President or the Congress
Election Period
- Unless otherwise fixed by the Commission in special cases, the election
period shall commence 90 days before the day of election and shall end in
30 days after.
Party System
- Clear policy against the 2-party system
- The Electoral Tribunals, used to include 6 legislature, 3 of them were
nominated by the party having the highest number of members and the
other 3 by the party having the second highest number of the members in
the Senate and the HR.
Funds
- Shall be provided in the regular or special or appropriations and, once
approved, shall be released automatically upon certification by the
Chairman of the Commission.
Judicial Review
- Certiorari implies an indifferent disregard of the law, arbitrariness and
caprice, an omission to weigh pertinent consideration, a decision arrived at
without rational deliberation.

CHAPTER 16: COA
-watchdog of the financial operations of the Philippines
COMPOSITION AND QUALIFICATION
- Age qualification is 35
- 10 years practice requirement, lawyers or CPA
- Added requirement not all of them should belong to the same profession
POWERS AND FUNCTIONS
- Public fund are derived from taxes. It shall all be collected and deposited to
the National Treasury. No funds shall be disbursed out from the treasury
without being expressly written in the appropriation.
- To secure the release of funds, a warrant must be drawn by the proper
admin official and countersigned by the Commission in Audit.
- Means:
Warrant legally drawn
Was by virtue of law
Amount appropriated is available
- Duty to pass in audit a salary voucher is discretionary
- Issue certificate of clearance to any accountable officer seeking to leave
Philippines, discretionary
- Prevention of irregular, unnecessary, excessive, extravagant or
unconscionable expenditure or uses of public funds and property.
- examine, audit and settle, in accordance with law and administrative
regulations
Prohibited Exemptions
- no law shall be passed exempting any entity of the Government or its
subsidiary in any guise whatever, or any investment of public funds, from
the jurisdiction of the COA
Report
- Annual report:
- Shall submit to the President and Congress
- Covering the financial condition and operation of the Government,
its subdivision, agencies and instrumentalities
- Recommend measures necessary to improve the effectiveness and
efficiency
- Shall submit any other report as may be required by law

CHAPTER 17: ACCOUNTABILITY OF PUBLIC OFFICIALS
Public officials and employees must at all times be accountable to the people,
serve them with utmost responsibility, integrity, loyalty and efficiency, act with
patriotism and justice, and lead modest lives
IMPEACHMENT
- A method of national inquest into the conduct of public men
- the most formidable weapon in the arsenal of democracy, Corwin
- Extraordinary means of removal exercised by the legislature over selected
number of officials, the purpose being to ensure the highest care in their
indictment and conviction and the imposition of special penalties in case of
a finding of guilt, taking into account the degree or nature of the offense
committed and the high status of the wrong-doers.
1. Impeachable officers:
President
V-President
Members of SC
Members of the CONCOM
Members of the Ombudsman
o Power to impeach is essentially non-legislative
prerogative and can be exercised by the Congress
only within the limits of the Constitution
o This list is exclusive, may not be increased or
decreased
2. Grounds:
Culpable violation of the Constitution is wrongful,
intentional or willful disregard or flouting of the
fundamental law
Treason committed by any person who, owing allegiance
to the government of the Philippines, levies war against it
or adheres to his enemies, giving them aid and comfort
Bribery committed by any public officer who shall agree to
perform an act, whether or not constituting a crime, or
refrain from doing an act which he is officially required to
do in connection with the performance of his official duties,
in consideration of any offer, promise, gift, or present
received by him personally or through the mediation of
another, or who shall accept gifts offered to him by reason
of office.
Other high crimes offenses, which like treason and
bribery, are of so serious and enormous a nature as to strike
at the very life or the orderly workings of the government
Graft and corruption - Anti-Graft and Corruption Practices
Act
Betrayal of public trust catch-all to cover all manner of
offenses. inexcusable negligence of duty, tyrannical abuse
of authority, breach of official duty by malfeasance or
misfeasance, cronyism, favoritism, obstruction of duty