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Political Law (Constitutional Law) Article IX
ARTICLE 9A
ARTICLE IX THE CONSTITUTIONAL COMMISSIONS
Section 1. Constitutional Commissions
The Constitutional Commissions, which shall be
independent, are the Civil Service Commission, the
Commission on Elections, and the Commission on
Audit.
Independent Constitutional Commissions:
1) Civil Service Commission (CSC)
2) Commission on Elections (COMELEC)
3) Commission on Audit (COA)
Why Independent?
They perform vital functions of government. Their
integrity is protected by the fact that they:
1) Are constitutionally created (Sec. 1)
2) Have independent powers of appointment (Sec. 4)
3) Each Commission may promulgate its own procedural
rules (Sec. 6)
4) Fiscal autonomy (Sec. 5)
5) Salaries may not be diminished during their office
(Sec. 3)
6) Commissioners have a fixed term
7) Commissioners are removable by impeachment only.
Section 2. DISQUALIFICATIONS
No member of a Constitutional Commission shall,
during his tenure, hold any other office or
employment. Neither shall he engage in the practice
of any profession or in the active management or
control of any business which, in any way, may be
affected by the functions of his office, nor shall he be
financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted
by the Government, any of its subdivisions,
agencies, or instrumentalities, including government-
owned or controlled corporations or their
subsidiaries.
VALOREXSticky NoteCommon Provisions
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VALOREXSticky NotePROHIBITIONS
VALOREXSticky NoteQUESTIONS:
>How should "practice of profession" be interpreted, for the purpose of prohibition?Answer:-The prohibition of the "practice of profession does not include TEACHING-Teaching is considered only after office hours.-The prohibition of "active management" of a business, does not prohibit from owning a business but is prohibited in actively managing the business
>How should "active management" of a business be interpreted, for the purpose of prohibition?answer:-The prohibition of financial interests in government.
VALOREXSticky NoteWhat protective measures guarantee the commissions' independence?Answer:>As constitutionally created commissions, they cannot be abolished by law. An amendment to the constitution is required.
Secondary Protective Measures:1. Fixed Salary2. Fixed Term3. Permanent appointment4. Removed only by impeachment5. Fiscal autonomy6. Appointing power7. Rule-making power (en banc)
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VALOREXSticky NoteThe "no report, no release" policy of the commission on audit , does apply to constitutional commissions enjoying fiscal autonomy.
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Disqualifications:
Members cannot, during their tenure:
1) Hold any other office or employment;
2) Engage in the practice of any profession;
3) Engage in the active management or control of any
business, which, in any way, may be affected by the
functions of their office; and
4) Be financially interested, direct or indirect, in any
contract, franchise, privilege granted by the government,
any of its subdivisions, agencies, instrumentalities,
including GOCCs and their subsidiaries.
Note: The Ombudsman and his deputies are subject to
the same qualifications.
Section 3. SALARIES
The salary of the Chairman and the Commissioners
shall be fixed by law and shall not be decreased
during their tenure.
Salaries
1) Salaries are fixed by law and shall not be decreased
during their TENURE.
2) Decreases in salaries only affect those members
appointed AFTER increase.
3) Incumbent members do not lose any salary.
4) Increases take effect IMMEDIATELY.
Section 4.
The Constitutional Commissions shall appoint their
officials and employees in accordance with law.
Section 5.
The Commission shall enjoy fiscal autonomy. Their
approved annual appropriations shall be
automatically and regularly released.
Section 6. RULES OF PROCEDURE
Each Commission en banc may promulgate its own
rules concerning pleadings and practice before it or
before any of its offices. Such rules, however, shall
not diminish, increase, or modify substantive rights.
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Procedures:
1) Rules: The Commissions may promulgate its own
rules EN BANC.
2) Limitation: It shall not:
a) Diminish,
b) Increase, or
c) Modify substantive rights.
3) Power of SC
a). The SC may not, under Art. VIII Sec. 5(5), exercise
the power to disapprove rules of special courts and
quasi-judicial bodies.
b). In proceedings before the Commissions, the rules of
the Commission prevail.
c). In proceedings before a court, the Rules of Court
prevail.
d). The SC may, however, in appropriate cases, exercise
JUDICIAL REVIEW
Section 7. DECISION MAKING/APPEAL
Each Commission shall decide by a majority vote of
all its Members, any case or matter brought before it
within sixty days from the date of its submission for
decision or resolution. A case or matter is deemed
submitted for decision or resolution upon the filing of
the last pleading, brief, or memorandum required by
the rules of the Commission or by the Commission
itself. Unless otherwise provided by this Constitution
or by law, any decision, order, or ruling of each
Commission may be brought to the Supreme Court
on certiorari by the aggrieved party within thirty days
from receipt of a copy thereof.
Decision-Making:
1) Each commission shall decide matter or cases by a
majority vote of all the members within 60 days from
submission.
COMELEC may sit en banc or in 2 divisions.
Election cases, including pre-proclamation
controversies are decided in division, with motions
for reconsideration filed to the COMELEC en banc.
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The SC has held that a majority decision decided
by a division of the COMELEC is a valid decision.
2) As COLLEGIAL BODIES, each commission must act
as one, and no one member can decide a case for the
entire commission. (i.e. The Chairman cannot ratify a
decision which would otherwise have been void).
Appeals:
1) Decisions, orders or rulings of the COMELEC/COA
may be brought on certiorari to the SC under Rule 65.
2) Decisions, orders or ruling of the CSC should be
appealed to the CA under Rule 43.
Enforcement:
It has been held that the CSC can issue a writ of
execution to enforce judgments which are final.
Section 8.
Each Commission shall perform such other
functions as may be provided by law.
ARTICLE 9B
THE CIVIL SERVICE COMMISSION
Section 1. COMPOSITION/QUALIFICATIONS/TERM
(1) The civil service shall be administered by the Civil
Service Commission composed of a Chairman and
two Commissioners who shall be natural-born
citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, with
proven capacity for public administration, and must
not have been candidates for any elective position in
the elections immediately preceding their
appointment.
(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, the Chairman shall hold office for seven
years, a Commissioner for five years, and another
Commissioner for three years, without
reappointment. Appointment to any vacancy shall be
only for the unexpired term of the predecessor. In no
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case shall any Member be appointed or designated in
a temporary or acting capacity.
Composition:
1) Chairman
2) Commissioners 2 commissioners
Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of their appointments;
3) With proven capacity for public administration; and
4) NOT candidates for any elective position in the
elections immediately preceding their appointment.
5) Appointees by the President to the CSC need
Commission on Appointments (CA) confirmation
Term:
1) Chairman -7 years; Commissioner1 5 yrs;
Commissioner2 3 yrs
2) Limitation: single term only, no reappointment
3) Appointment to vacancy: only for unexpired term of
predecessor
4) No temporary appointments, or appointments in acting
capacity.
Section 2. Scope:
(1) The civil service embraces all branches,
subdivisions, instrumentalities, and agencies of the
Government, including government-owned or
controlled corporations with original charters.
(2) Appointments in the civil service shall be made
only according to merit and fitness to be determined,
as far as practicable, and, except to positions which
are policy-determining, primarily confidential, or
highly technical, by competitive examination.
(3) No officer or employee of the civil service shall be
removed or suspended except for cause provided by
law.
(4) No officer or employee in the civil service shall
engage, directly or indirectly, in any electioneering or
partisan political campaign.
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VALOREXSticky NoteWhen can you say that the appointee is with proven capacity for public administration?>The Constitution did not specify the criteria for the proven for public administration.
VALOREXSticky NoteDisqualificationsPolitical Lame Ducks>No candidate who has lost in any election shall, within one year after such election
Term and CA consent >Of those first appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and another commissioner for three years, without reappointment.
Prohibited Reappointment>"Reappointment" means a movement to one and the same office (Commissioner to Commissioner or Chairman to Chairman). An appointment involving a movement to a different position or office (Commissioner to Chairman) would constitute a new appointment and now a reappointment barred under the Constitution.
Vacancy and DesignationQuestions:First Rule: (Funa vs COA chair Villar, G.R. No. 192791, April 24, 2012)>The appointment of members of any of the three constitutional commissions, after the expiration of the uneven terms of office of the first set of commissioners, shall always be for a fixed term of seven (7) years; an appointment for the lesser period is void and unconstitutional.
Second rule:Appointments to vacancies resulting from a certain causes (death, resignation, disability or impeachment) shall only be for the unexpired portion of the term of the predecessor, but such appointments cannot be less than the unexpired term
third rule:members of the Commission [COA, comelec OR csc], WHO WERE APPOINTED FOR A FULL TERM
Fourth Rule.a COMMISSIONER WHO RESIGNS SERVING THE
>the aggregate period of the length of service as commissioner and the unexpired period of the term of the predecessor
Fifth Rule.>Any member of the Commision cannot be appointed or designated in a temporary or acting capacity.
VALOREXSticky NoteQuestions:>What is covered or embraced by the civil service/>Whether or not the CSC has Jurisdiction over administrative cases filed directly with it against officials of a chartered state university?>CSC vs Guevarra, G.R. 176162, Oct. 9, 2012
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(5) The right to self-organization shall not be denied
to government employees.
(6) Temporary employees of the Government shall be
given such protection as may be provided by law.
The Civil Service embraces all:
A. branches,
B. subdivisions,
C. instrumentalities,
D. agencies of the government,
E. including GOCCs with original charters.
1.With Original Charter means that the GOCC was
created by special law/by Congress
2. If incorporated under the Corporation Code, it does not
fall within the Civil Service, and is not subject to the CSC
jurisdiction.
3. Even if once government-controlled, then becomes
privatized, ceases to fall under CSC.
4. Jurisdiction is determined as of the time of filing the
complaint.
Appointments to civil service shall be:
A. Competitive positions
According to merit and fitness to be determined by
competitive examinations, as far as practicable
except to positions which are policy-determining,
primarily confidential, or highly technical.
B. Non-competitive positions
1). No need for competitive examinations.
2). 3 kinds
a) Policy-determining formulate a method of
action for the govt
b) Primarily confidential more than ordinary
confidence; close intimacy insures freedom of intercourse
without betrayals of personal trust
c) Highly technical requires technical skill to a
superior degree.
C. The TEST to determine whether non/competitive is
the Nature of the responsibilities, NOT the
administrative or legislative description given to it.
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VALOREXSticky NoteSCOPE OF THE SYSTEM>The civil service embraces all branches, and subdivisions, instrumentalities, and agencies of the government, including GOCC's with original charters.
Embraced by CSC> All government agencies are covered without exception by the civil service. This includes the Economic Intelligence and Information Bureau. [EIIB vs CA, 299 SCRA 373]
>The University of the Philippines is part of the Civil service.
>The Boy Scout of the Philippines is an agency attached to DEPED.
>Water Districts
NOT Embraced by CSC>Government-owned or controlled corporations organixed under the Corporation Code are not covered by Civil Service Law.
>The Phil. National Red Cross
VALOREXSticky NoteMerit and Fitness>Appointments in the Civil service shall be made inly according to the merit and fitness to be determined, as far as practicable, and, except to positions
POSITION CLASSIFICATION>Positions in the civil service are classified into:>Competitive>Non - Competitive
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D. Both types of positions are entitled to security of
tenure. They only differ in the MANNER in which they
are filled.
E. Who may be appointed:
1). RULE: Whoever fulfills all the qualifications
prescribed by law for a particular position may be
appointed therein.
2). The CSC cannot disapprove an appointment just
because another person is better qualified, as long as the
appointee is himself qualified.
3). The CSC CANNOT add qualifications other than
those provided by law.
F. Next-In-Rank Rule
While a person next in rank is entitled to
preferential consideration, it does not follow that
only he, and no one else, can be appointed. Such
person has no vested right to the position and the
appointing authority is not bound to appoint the
person next in rank.
Tenure (Classification of Positions)
Career Service Non-Career Service
1. Entrance based on merit and fitness to be determined as far as practicable by competitive examinations or based on highly technical qualifications.
1. Entrance on bases OTHER than usual tests of merit and fitness.
2. Entitled to security of tenure
1. Tenure limited to:
a) Period specified by law,
b) Coterminous with the
appointing authority or
subject to his pleasure, or
c) Limited to the duration
of a particular project for
which purpose the
employment was made.
3. With opportunity for advancement to higher career positions.
Security of Tenure:
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1) Officers or employees of the Civil Service cannot be
removed or suspended EXCEPT for cause provided by
law. It guarantees both procedural and substantive due
process.
2) For LEGAL CAUSE Cause is:
a). related to and affects the administration of office, and
b). must be substantial (directly affects the rights &
interests of the public)
3) Security of tenure for Non-competitive positions
a). Primarily confidential officers and employees hold
office only for so long as confidence in them remains.
b). If there is GENUINE loss of confidence, there is no
removal, but the expiration of the term of office
c). Non-career service officers and employees do not
enjoy security of tenure.
d). Political appointees in the foreign service possess
tenure coterminous with that of the appointing authority
or subject to his pleasure.
4) One must be VALIDLY APPOINTED to enjoy security
of tenure. Thus, one who is not appointed by the proper
appointing authority does not acquire security of tenure.
Abolition of Office
To be valid, abolition must be made:
(a) In good faith; (good faith is presumed)
(b) Not for political or personal reasons; and
(c) Not in violation of law
Temporary employees are covered by the following
rules:
1). Not protected by security of tenure can be removed
anytime even without cause
2). If they are separated, this is considered an expiration
of his term.
3). BUT: They can only be removed by the one who
appointed them.
4). Entitled only to such protection as may be provided by
law.
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No officer or employee in the Civil Service shall
engage in any electioneering or in partisan political
activity
1) Cannot solicit votes in favor of a particular candidate.
2) Cannot give campaign contributions or distribute
campaign materials.
3) BUT: Allowed to express views on political issues,
and to mention the names of the candidates whom he
supports.
4) Prohibition does not apply to department secretaries
Right to organize
The right to organize does NOT include the right to strike
Section 3.
The Civil Service Commission, as the central
personnel agency of the Government, shall establish
a career service and adopt measures to promote
morale, efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil service. It
shall strengthen the merit and rewards system,
integrate all human resources development
programs for all levels and ranks, and institutionalize
a management climate conducive to public
accountability. It shall submit to the President and
the Congress an annual report on its personnel
programs.
Section 4.
All public officers and employees shall take an oath
or affirmation to uphold and defend this Constitution.
Section 5.
The Congress shall provide for the standardization of
compensation of government officials and
employees, including those in government-owned or
controlled corporations with original charters, taking
into account the nature of the responsibilities
pertaining to, and the qualifications required for,
their positions.
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Sections 6-7. DISQUALIFICATION
Section 6.
No candidate who has lost in any election shall,
within one year after such election, be appointed to
any office in the Government or any Government-
owned or controlled corporations or in any of their
subsidiaries.
Section 7.
No elective official shall be eligible for appointment
or designation in any capacity to any public office or
position during his tenure.
Unless otherwise allowed by law or by the primary
functions of his position, no appointive official shall
hold any other office or employment in the
Government or any subdivision, agency or
instrumentality thereof, including Government-
owned or controlled corporations or their
subsidiaries.
Disqualifications
1) Losing candidates in any election
a). Cannot be appointed to any office in the government
or GOCCs or their subsidiaries.
b). Period of disqualification: One (1) year after such
election.
2) Elective officials
a). Not eligible for appointment or designation ANY
CAPACITY to ANY PUBLIC OFFICE or position during
their tenure.
b). EXCEPTION: May hold ex officio positions.
Examples:
The Vice President may be appointed Cabinet
member
Congressman may sit in the Judicial and Bar
Council
c). To be eligible to hold any other office, the elected
official must first resign his office
d). Even Congress cannot, by law, authorize the
appointment of an elective official.
3). Appointive officials
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a). Cannot hold any other office or employment in the
government, any subdivision, agency, instrumentality,
including GOCCs and their subsidiaries.
b). EXCEPTION: Unless otherwise allowed by law, or by
the primary functions of his position.
c). This exception DOES NOT APPLY to Cabinet
members, and those officers mentioned in Art. VII, Sec.
13. They are governed by the stricter prohibitions
contained therein.
Section 8. COMPENSATION
No elective or appointive public officer or employee
shall receive additional, double, or indirect
compensation, unless specifically authorized by law,
nor accept without the consent of the Congress, any
present, emolument, office, or title of any kind from
any foreign government.
Pensions or gratuities shall not be considered as
additional, double, or indirect compensation.
1) Prohibitions: applies to elected or appointed officers
and employees
Cannot receive:
A. Additional - an extra reward given for the same office
i.e. bonus
B. Double - when an officer is given 2 sets of
compensation for 2 different offices held concurrently by
1 officer
C. Indirect Compensation
2) EXCEPTION: Unless specifically authorized by law
A. SPECIFICALLY AUTHORIZED means a specific
authority particularly directed to the officer or
employee concerned.
B. BUT: per diems and allowances given as
REIMBURSEMENT for expenses actually incurred are
not prohibited
3) Cannot accept any present, emolument, office, title of
any kind from foreign governments UNLESS with the
consent of Congress.
4) Pensions and gratuities are NOT considered as
additional, double, or indirect compensation.
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ARTICLE 9C
THE COMMISSION ON ELECTIONS
Section 1. COMPOSITION/QUALIFICATIONS/TERM
(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.
Composition: (7)
1) Chairman and
2) Commissioners (6)
Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of appointment
3) Holders of college degrees; and
4) Not candidates for any elective position in the
immediately preceding elections.
5) Majority of the Commission, including the Chairman
must be:
a). Members of the Philippines Bar
b). Engaged in the practice of law for at least 10 years:
any activity in or out of court, which requires the
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VALOREXSticky NoteChair must be a member of the Philippine Bar
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application of law, legal procedure, knowledge, training
and experience.
6) Appointments subject to CA approval
Term:
1) Chairman -7 yrs; 3 Members 7 yrs; 2 Members 5
yrs; 1 Member 3 yrs.
2) LIMITATION: Single term only: no reappointment
allowed
3) Appointment to a vacancy: only for unexpired portion
of predecessors term
4) No temporary appointments, or appointments in acting
capacity
a). Thus, the President cannot designate an incumbent
commissioner as acting Chairman.
b). The choice of temporary chairman falls under the
COMELECs discretion.
Section 2. POWERS AND FUNCTIONS
Sec. 2. The Commission on Elections shall exercise the following powers and functions:
(1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.
(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.
Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable.
(3) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.
(4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.
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VALOREXSticky NoteIncumbent = someone who holds an official post at a particular time.
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(5) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration.
Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections, constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law.
(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.
(7) Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election
frauds, offenses, malpractices, and nuisance candidates.
(8) Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its directive, order, or decision.
(9) Submit to the President and the Congress, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.
Powers:
1) Enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite, initiative,
referendum, and recall.
(a) Ex: COMELEC can enjoin construction of public
works within 45 days of an election.
1) Exercise:
A. Exclusive original jurisdiction over all contests relating
to the elections, returns, and qualifications of all elective
1. Regional,
2. Provincial, and
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VALOREXSticky NotePowers Withheld1. to transfer a municipality from one district to another2. to canvass the votes for the election of President and Vice -President (this power is for the congress)3. to determine the right to vote4. inclusion and exclusion of voters (this power is for the court)5. to decide on the qualification of members of Congress after proclamation
Three-Fold Powers>Cipriano vs COMELEC GR. 158830, Aug. 10, 2004-The COMELEC is an institution created by the Constitution with a mandate to "enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum and recall." It is clothed with the three powers: 1. Quasi-Executive or administrative powers-include the power to appoint election officials, conduct registration of voters deputize law enforcement agencies, register political parties, prosecute electoral offense...2. Quasi - legislative authority-is found in its power to promulgate rules and regulations implementing the provisions of OMNIBUS ELECTION CODE or other laws which the Commission is required to enforce and administer.>Promulgation of Comelec Rules of Procedure>Promulgation of Implementing Rules on all Laws on Suffrage.>Comelec en banc Resolutions prescribing guidelines for -- -Voter's Registration-Suspension of Public works and Gun Ban-Automated Voting, etc.3. Quasi - Judicial Powers-the COMELEC has exclusive original jurisdiction over all contests relating to the elections, returns and qualifications of all elective regional, provincial and city officials; and appellate jurisdiction over all contests involving elective municipal officials and elective barangay officials decided by trial courts.
Sec. 2(2), Article 9C-Decisions, final orders, or rulings of the Commission on Election contests involving elective municipal and barangay offices shall be final, executory, and not appealable.>Decisions, final orders, or rulings of the COMELEC contests involving elective municipal and barangay offices shall be final, Executory, and not appealable. But the non-appealable character refers only to questions....
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3. City officials
B. Appellate jurisdiction over all contests involving:
1. Elective municipal officials decided by trial courts of
general jurisdiction
2. Elective barangay officials decided by trial courts of
limited jurisdiction.
C. Decisions, final orders, or rulings of the Commission
on election contests involving elective municipal and
barangay offices shall be final, executory, and not
appealable.
Exception: Appealable to the SC on questions of law.
1. Contempt powers
1. COMELEC can exercise this power only in relation to
its adjudicatory or quasi-judicial functions. It CANNOT
exercise this in connection with its purely executive or
ministerial functions.
2. If it is a pre-proclamation controversy, the COMELEC
exercises quasi-judicial/administrative powers.
3. Its jurisdiction over contests (after proclamation), is in
exercise of its judicial functions.
E. The COMELEC may issue writs of certiorari,
prohibition and mandamus in exercise of its appellate
jurisdiction. This is not an inherent power.
3) Decide, except those involving the right to vote, all
questions affecting elections, including determination of
the number and location of polling places, appointment of
election officials and inspectors, and registration of
voters.
Note: Questions involving the right to vote fall within the
jurisdiction of the ordinary courts.
4) Deputize, with the concurrence of the President, law
enforcement agencies and instrumentalities of the
Government, including the Armed Forces of the
Philippines, for the exclusive purpose of ensuring free,
orderly, honest, peaceful, and credible elections.
a). This power is NOT limited to the election period.
b). Applies to both criminal and administrative cases.
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5) Registration of political parties, organizations, or
coalitions/accreditation of citizens arms of the
Commission on Elections.
a). The political parties etc. must present their platform or
program of government.
b). There should be sufficient publication
c). Groups which cannot be registered:
i. Religious denominations/sects
ii. Groups which seek to achieve their goals through
violence or unlawful means
iii. Groups which refuse to uphold and adhere to the
Constitution
iv. Groups which are supported by any foreign
government.
d). BUT: Political parties with religious affiliation or which
derive their principles from religious beliefs are
registerable.
e). Financial contributions from foreign governments and
their agencies to political parties, organizations,
coalitions, or candidates related to elections constitute
interference in national affairs. If accepted, it is an
additional ground for the cancellation of their registration
with the Commission, in addition to other penalties that
may be prescribed by law.
1) File, upon a verified complaint, or on its own
initiative, petitions in court for inclusion of exclusion of
voters; investigate and, where appropriate, prosecute
cases of violations of election laws, including acts or
omissions constituting elections frauds, offenses and
malpractices.
1. COMELEC has exclusive jurisdiction to investigate
and prosecute cases for violations of election laws.
2. COMELEC can deputize prosecutors for this
purpose. The actions of the prosecutors are the
actions of the COMELEC
3. Preliminary investigation conducted by COMELEC
is valid.
2) Recommend to the Congress effective measures to
minimize election spending, including limitation of places
where propaganda materials shall be posted, and to
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VALOREXSticky NoteThe grants of the exclusive power to prosecute is found on section 265 , Bp 881
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prevent and penalize all forms of election frauds,
offenses, malpractices, and nuisance candidacies.
3) Recommend to the President the removal of any
officer or employee it has deputized, or the imposition of
any other disciplinary action, for violation or disregard or,
or disobedience to its directive, order, or decision.
4) Submit to the President and the congress a
comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall.
Section 3. RULES OF PROCEDURE/DECISION-
MAKING
The Commission on Elections may sit en banc or in
two divisions, and shall promulgate its rules of
procedure in order to expedite disposition of election
cases, including pre-proclamation controversies. All
such election cases shall be heard and decided in
division, provided that motions for reconsideration of
decisions shall be decided by the Commission en
banc.
Rules of Procedure
1) COMELEC can sit en banc or in two divisions
2) It has the power to promulgate its own rules of
procedure in order to expedite disposition of election
cases, including pre-election controversies.
Decision-Making
1) Election cases should be heard and decided in
division. Provided that,
2) Motions for reconsideration of decisions should be
decided by COMELEC en banc.
3) Decisions mean resolutions on substantive issues.
2) If a division dismisses a case for failure of counsel to
appear, the Motion for Reconsideration here may be
heard by the division.
3) EXCEPTION: COMELEC en banc may directly
assume jurisdiction over a petition to correct manifest
errors in the tallying of results by Board of Canvassers.
Section 4. SUPERVISION/REGULATION OF
FANCHISES / PERMITS / GRANTS / SPECIAL
PRIVILEGES / CONCESSIONS
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The Commission may, during the election period,
supervise or regulate the enjoyment or utilization of
all franchises or permits for the operation of
transportation and other public utilities, media of
communication or information, all grants, special
privileges, or concessions granted by the
Government or any subdivision, agency, or
instrumentality thereof, including any government-
owned or controlled corporation or its subsidiary.
Such supervision or regulation shall aim to ensure
equal opportunity, and equal rates therefor, for
public information campaigns and forums among
candidates in connection with the objective of
holding free, orderly, honest, peaceful, and credible
elections.
Regulation of franchises
A. What can COMELEC supervise or regulate
1). The enjoyment or utilization of all franchises or
permits for the operation of transportation and other
public utilities, media of communication or information.
2). Grants, special privileges or concessions granted by
the Government or any subdivision, agency or
instrumentality thereof, including any GOCC or its
subsidiary
B. When can COMELEC exercise this power
1). During the election period
a). Under Article XI, Section 9, the election period
commences 90 days before
the day of the election and ends 30 days thereafter.
b). In special cases, COMELEC can fix a period.
2). Applies not just to elections but also to plebiscites and
referenda.
3). Plebiscite: Submission of constitutional amendments
or important legislative measures to the people
ratification
4). Referendum: power of the electorate to approve or
reject legislation through an election called for that
purpose.
COMELEC and the MEDIA
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VALOREXSticky NoteThe holding of exit polls and the dissemination of their results through mass media constitute and essential part of the freedom of speech and of the press. Hence, the COMELEC cannot ban them in the guise of promoting clean, honest, orderly and credible elections.
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1). COMELEC cannot compel print media to donate free
space to the COMELEC. It may, however, compel it to
provide space after paying just compensation.
2). Power of COMELEC is over franchises and permits,
NOT individuals. For example, COMELEC may not
regulate media practitioners, for this would violate the
freedom of expression.
Section 5. No pardon, amnesty, parole, or suspension of
sentence for violation of election laws, rules, and
regulations shall be granted by the President without the
favorable recommendation of the Commission.
Section 5.
No pardon, amnesty, parole, or suspension of
sentence for violation of election laws, rules, and
regulations shall be granted by the President without
the favorable recommendation of the Commission.
Section 6
Definition of Political Party
A free and open party system shall be allowed to
evolve according to the free choice of the people,
subject to the provisions of this Article.
organized group of persons pursuing the same
political ideals in a government and includes its
branches, and divisions
Importance of registration of a political party
1) Registration confers juridical personality on the
party.
2) It informs the public of the partys existence and
ideals.
3) It identifies the party and its officers for purposes of
regulation by the COMELEC.
Section 7.
No votes cast in favor of a political party,
organization, or coalition shall be valid, except for
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VALOREXSticky NotePardons, etc.
This provision is the same as that in the 1973 Constitution except for the specification that the recommendation of the Commission must be "favorable"
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VALOREXSticky NoteCan the COMELEC discipline deputized officers? YES
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those registered under the party-list system as
provided in this Constitution.
Prohibition on block-voting
1) General rule: Block voting NOT allowed
2) EXCEPTION: those registered under the party-list
system
Section 8. PARTY LIST SYSTEM
Political parties, or organizations or coalitions
registered under the party-list system, shall not be
represented in the voters registration boards,
boards of election inspectors, boards of canvassers,
or other similar bodies. However, they shall be
entitled to appoint poll watchers in accordance with
law.
No Right to be Represented in Various Boards
Political parties, organizations, or coalitions
registered under the party-list system shall NOT be
represented in the following:
1). Voters registrations boards,
2). Boards of election inspectors,
3). Boards of canvassers, or
4). Other similar bodies.
Poll Watchers
Political parties, etc. are entitled to appoint poll
watchers in accordance with law.
Section 9.
Unless otherwise fixed by the Commission in special
cases, the election period shall commence ninety
days before the day of election and shall end thirty
days thereafter.
Section 10.
Bona fide candidates for any public office shall be
free from any form of harassment and discrimination.
This section does not give candidates immunity
from suit.
Discrimination includes unequal treatment in the
availment of media facilities.
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VALOREXSticky NoteElection period and Campaign period
-The election period must be distinguished from the campaign period. The former refers to the period of time needed for administering an election. It can thus go beyond the date for the casting of ballots. Section 9 sets it at ninety days before the day of the election to thirty days thereafter. In special cases, however, the Commission is authorized to fix a different period.The campaign period refers to the period of active solicitation of votes. This may be set by the legislature for a period less than the election period in Section 9.
Campaign period>For President, Vice-President and Senators (90) days before the date of the election.>For members for the HOR and elective provincial and municipal, 45 days before the date of election>For barangay officials, 15 days before the date of the election.
Premature Campaigning>Sec80, BP 881, on premature campaigning, explicitly provides that "[i[t shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity, except during the campaign period."
>May premature campaigning be committed by a person who is not a candidate? -Yes under Sec. 80, BP 881, premature campaigning may be committed by any person whether or not a voter or candidate.
Penera vs. COMELEC GR 181613, Nov. 25, 2009 (MR)>A person who files a certificate of candidacy is not a candidate until the start of the campaign period. Section 15 of RA 8436, as amended by RA 9369, allowing political partisan activities before the start of the campaign period is consistent with freedom of expression or speech.
>Congress has laid down the law. This court has no power to ignore the clear and express mandate of the law that "Any person who files his certificate of candidacy within [filing] period shall only be considered a candidate at the start of the campaign period for which he filed his certificate of candidacy."
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VALOREXSticky NoteEqual protection of Candidates.- Section 10 is nothing more than a specification of the equal protection clause of the Bill of Rights. Report No. 1 of the Commission on Elections Committee of the 1971 Constitutional Convention explained the provision thus:
This provision is to be understood as having special reference to unaffiliated or partyless bona fide candidates. Extending to them the equal protection of the law is but a matter of elementary justice. If the State guarantees equal protection to groups of individuals such as political parties, it is but logical that the same protection be made available to individuals, separately, without discrimination in any form.
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Section 11. FUNDING
Funds certified by the Commission as necessary to
defray the expenses for holding regular and special
elections, plebiscites, initiatives, referenda, and
recalls, shall be provided in the regular or special
appropriations and, once approved, shall be released
automatically upon certification by the Chairman of
the Commission.
How provided
1) Funds certified by the COMELEC as necessary to
defray the expenses for holding regular and special
elections, plebiscites, initiative, referenda and recalls,
shall provided in the regular or special appropriations.
2) Funds should be certified by the COMELEC as
necessary.
Release of funds
Once approved, funds should be released
automatically upon certification by the Chairman of
COMELEC.
ARTICLE 9D
THE COMMISSION ON AUDIT
Section 1. COMPOSITION/QUALIFICATIONS
(1) There shall be a Commission on Audit composed
of a Chairman and two Commissioners, who shall be
natural-born citizens of the Philippines and, at the
time of their appointment, at least thirty-five years of
age, Certified Public Accountants with not less than
ten years of auditing experience, or members of the
Philippine Bar who have been engaged in the
practice of law for at least ten years, and must not
have been candidates for any elective position in the
elections immediately preceding their appointment.
At no time shall all Members of the Commission
belong to the same profession.
(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, the Chairman shall hold office for seven
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VALOREXSticky NoteFiscal AutonomyThis provision, together with the exemption of the Commission from pre-audit, should help towards strengthening the independence of the Commission.
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VALOREXSticky NotePre-audit and Post Audit>The COA shall have the power, authority, and duty to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government or any of its subdivisions, agencies, or instrumentalities including the GOCC's with original charters.
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years, one Commissioner for five years, and the
other Commissioner for three years, without
reappointment. Appointment to any vacancy shall be
only for the unexpired portion of the term of the
predecessor. In no case shall any Member be
appointed or designated in a temporary or acting
capacity.
Composition:
1) Chairman, and
2) Commissioners (2).
Qualifications:
1) Natural-born citizens of the Philippines
2) At least 36 years old at the time of their appointment;
3) Either:
a). CPAs with at least 10 years auditing experience; or
b). Members of Phil. Bar with 10 years of practice.
4) Members cannot all belong to the same profession.
5) Subject to confirmation of the CA.
6) Must not have been candidates for any elective
position in the elections immediately preceding their
appointment.
Term:
1) Chairman -7 yrs; Commissioner1 -5yrs;
Commissioner 2 -3 yrs.
2) LIMITATION: Single terms only; no re-appointment
allowed
3) Appointments to any vacancy shall only be for the
unexpired portion of predecessors term.
Section 2. POWERS
(1) The Commission on Audit shall have the power,
authority, and duty to examine, audit, and settle all
accounts pertaining to the revenue and receipts of,
and expenditures or uses of funds and property,
owned or held in trust by, or pertaining to, the
Government, or any of its subdivisions, agencies, or
instrumentalities, including government-owned or
controlled corporations with original charters, and on
a post-audit basis: (a) constitutional bodies,
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commissions and offices that have been granted
fiscal autonomy under this Constitution; (b)
autonomous state colleges and universities; (c) other
government-owned or controlled corporations and
their subsidiaries; and (d) such non-governmental
entities receiving subsidy or equity, directly or
indirectly, from or through the Government, which
are required by law or the granting institution to
submit to such audit as a condition of subsidy or
equity. However, where the internal control system of
the audited agencies is inadequate, the Commission
may adopt such measures, including temporary or
special pre-audit, as are necessary and appropriate
to correct the deficiencies. It shall keep the general
accounts of the Government and, for such period as
may be provided by law, preserve the vouchers and
other supporting papers pertaining thereto.
(2) The Commission shall have exclusive authority,
subject to the limitations in this Article, to define the
scope of its audit and examination, establish the
techniques and methods required therefor, and
promulgate accounting and auditing rules and
regulations, including those for the prevention and
disallowance of irregular, unnecessary, excessive,
extravagant, or unconscionable expenditures or uses
of government funds and properties.
1) Examine, audit, and settle accounts pertaining to:
1. Revenue and receipts of funds or property; or
2. Expenditures and uses of funds or property
Owned or held in trust by, or pertain to:
1. The Government;
2. Any of its subdivisions, agencies or
instrumentalities;
3. Including GOCCs with original charters.
2) Conduct post-audit with respect to the following:
1. Constitutional bodies, commissions, and offices
granted fiscal autonomy;
2. Autonomous state colleges and universities;
3. GOCCs and their subsidiaries incorporated under
the Corporation Code.
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4. None-governmental entities receiving subsidies or
equity, directly or indirectly, from or through the
government, which are required by law of the
granting of institution to submit to such audit.
3) If COA finds internal control system of audited
agencies as inadequate, COA may adopt measures,
including temporary or special pre-audit, as may be
necessary.
4) Keep the general accounts of the government,
preserving vouchers and other supporting papers
pertaining thereto.
5) Exclusive authority to define the scope of COAs
audit and examination and to establish the techniques
and methods required therefor.
6) Promulgate accounting and auditing rules and
regulations.
1. Including those for the prevention or disallowance
of irregular, unnecessary, excessive, extravagant,
or unconscionable expenditures or uses of
government funds and properties.
2. Failure to comply with these rules can be a ground
for disapproving the payment of a proposed
expenditure.
Note:
1) The functions of COA can be classified as:
1. Examine and audit all forms of government
revenues;
2. Examine and audit all forms of govt expenditures
3. Settle govt accounts
4. Promulgate accounting and auditing rules (including
those for the prevention of irregularexpenditures.
5. To decide administrative cases involving
expenditures of public funds.
2) COA can settle only LIQUIDATED ACCOUNTS or
those accounts which may be adjusted simply by
arithmetic process.
3) COA has authority not just over accountable officers
but also over other officers who perform functions related
to accounting such as verification of evaluations and
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computation of fees collectible, and the adoption of
internal rules of control.
4) COA does not have the power to fix the amount of
an unfixed or undetermined debt.
5) Where the following requirements are complied with,
it becomes the ministerial duty of the COA to approve
and pass in audit vouchers for payment:
1. There is a law appropriating funds for a particular
purpose;
2. There is a contract, made by the proper officer,
entered into in conformity with the above-mentioned
law;
3. The goods or services covered by such contract
have been delivered or rendered in pursuance to
such contract, as attested by the proper officer; and
4. Payment has been authorized by officials of the
corresponding department or bureau.
6) Prosecutors may still review accounts already settled
and approved by COA for the purpose of determining
possible criminal liability. This is because COAs interest
in such accounts is merely administrative.
7) COA has the power to determine the meaning of
public bidding and what constitutes failure when
regulations require public bidding for the sale of
government property.
Section 3.
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 Commission on Audit.
Section 4.
The Commission shall submit to the President and
the Congress, within the time fixed by law, an annual
report covering the financial condition and operation
of the Government, its subdivisions, agencies, and
instrumentalities, including government-owned or
controlled corporations, and non-governmental
entities subject to its audit, and recommend
measures necessary to improve their effectiveness
and efficiency. It shall submit such other reports as
may be required by law.
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