Consti Finals

CONSTITUTIONAL LAW I

1-A: CHAPTER 10: CAMPO. LUPAC. 11: MELGAR. UY. 12: GALVEZ. ORTEGA. UY. 13: DELOS SANTOS. GAPIT. PIELAGO. Page 1

14: CANCIO. FRANCISCO. OBIAS. 15: AMANSEC. ESCASINAS. PERLAS. 16: DUGUIL. SAGMIT. SILVA. 17: CABRERA. TALATALA.

CHAPTER 10:

EXECUTIVE DEPARTMENT

EXECUTIVE POWER

Article VII, Sec I: The executive power shall be

vested in the President of the Philippines.

It is the power to enforce and administer laws

The President of the Philippines assumes a plenitude

of authority, and the corresponding responsibility that

makes him the most influential person in the land.

PRESIDENT

Article VII, Sec 2: No person shall be elected

President unless he is a:

Natural-born citizen of the Philippines

Registered voter

Able to read and write

At least 40 years of age on the day of election

Resident of the Philippines for at least 10 years

immediately preceding such election

*NOTE: Above qualifications are exclusive and may not be

reduced or increased by Congress. Remedy to revise/add

qualifications: Amend the Constitution.

ELECTION and

PROCLAMATION

The President and Vice-President are elected by

direct vote of the people.

o Unless otherwise provided by law, the regular

presidential election shall be held at six year intervals

on the second Monday of May.

Congress shall have no duty but to canvass the same

and to proclaim as elected the person receiving the

highest number of votes.

Congress meets to canvass the presidential election

returns, it does not need the call to a special session

by the President, as the canvass is mandated and

called by the constitution itself.

*NOTE: Congress can only canvass Presidential election

returns

TERM

The President and the Vice-President shall be elected

for a term of 6 years

President

Not eligible for any re-election

No person who has succeeded as President and has

served as such for more than four years shall be

qualified for election to the same office at any time.

Since the President is not eligible for re-election, he

shall devote his attention during his lone term to the

proper discharge of his office instead of using it to

ensure his reelection.

Vice-President

No VP shall serve for more than 2 successive terms

Whenenever there is a vacancy in the office of the

VP, the President shall nominate a VP from among

members of the Senate and the House of

representatives.

VICE-PRESIDENT

Same qualifications as the President:

Natural-born citizen of the Philippines

Registered voter

Able to read and write

At least 40 years of age on the day of election

Resident of the Philippines for at least 10 years

immediately preceding such election

The VP may be appointed as a member of the

cabinet. Such appointment requires no confirmation

“President in waiting”

VACANCIES OF THE PRESIDENT

AT THE START OF PRESIDENT’S TERM

VP shall act as President if: (until President have

been qualified/chosen)

President-elect fails to qualify

President shall not have been chosen

President-elect shall have died or become

permanently disabled (VP automatic President)

Senate President or Speaker of the House

No President and VP

o Not chosen/qualified/permanently disabled




*NOTE: An Acting President is not the incumbent President

nor does he become President t serve unexpired portion of the

term

DURING HIS INCUMBENCY

The VP shall become the President to serve the

unexpired term in cases of:

Death

Permanent disability

Removal from office

Resignation

The Senate of the President, in case of disability, the

Speaker of the House shall act as President in cases

of: (both President and VP)

Death

Permanent disability

Removal from office

Resignation

VACANCIES OF THE VICE-PRESIDENT

The President shall nominate a VP

o From among Member of Senate and House of

Representatives with majority vote of all members of

Congress, voting separately

BOTH VACANCIES OF

PRESIDENT and VP

1. Congress shall convene in the 3rd day after vacancy occurs

2. Law enacted within 7 days for special elections

3. Bill becomes a law upon approval on 3rd reading

4. Appropriations charged against current appropriations

5. Convening of Congress cannot be suspended nor special

elections postpone

6. No special election shall be called if vacancy occurred

within 18 months before next presidential elections

OATH OF OFFICE

Marks his formal assumption of office

Intended to deepen responsibility of the President

PERQUISITES and

INHIBITIONS

1. No increase in salaries during their tenure

2. Shall not receive any other emoluments from government

or any other source

o Emoluments – any compensation received for

services rendered or from possession of an office

o President cannot accept other employment elsewhere

3. Shall not hold any other office or employment, unless

otherwise provided in the Constitution

o In case of VP, he may be appointed to the Cabinet

without need of confirmation by COA

4. Shall not, directly or indirectly, practice any other

profession, participate in any business, or be financially

interested in any contract with, or in any franchise or

special privilege granted by the government or any

subdivision, agency, or instrumentality thereof, including

GOCCs of their subsidiaries

5. Strictly avoid conflict of interest in the conduct of their

office

6. May not appoint spouse or relatives by consanguinity or

affinity within the 4th civil degree

PRIVILEGES

PRESIDENTIAL IMMUNITY

Immunity from suits during incumbency

After his tenure, the President cannot invoke

immunity from suit for civil damages arising out of

acts done by him while he was President which were

not performed in the exercise of official duties

EXECUTIVE PRIVILEGE

Right of President to withhold information from

Congress, the Courts and the public.




CHAPTER 11:

POWERS OF THE PRESIDENT

EXECUTIVE POWER

Power to enforce and administer laws

Control of all executive departments, bureas and offices

Ensure that all laws are faithfully executed

*NOTE: Until and unless a law is declared unconstitutional,

the President has a duty to execute it regardless of his doubts

as to its validit

APPOINTING POWER

The selection by authority vested with power of an

individual who is to exercise the functions of a given

office

May be made verbally but is usually done in writing

Commission – written evidence of an appointment

The President shall nominate with the consent of the

Commission on Appointments the following:

Heads of the executive departments

Ambassadors

Other public ministers and consuls

Officers of the armed forces from the rank of colonel

or naval captain

Other officers whose appointments are vested in him

in this Constitution

President shall also appoint all other officers of the

Government whose appointments are not otherwise

provided for by law

Those whom he may be authorized by law to appoint

The Congress may, by law, vest the appointment of other

officers lower in rank in the President alone, in the courts,

or in the heads of departments, agencies, commissions, or

boards. (Sec.16, Art. 7)

CASE: Sarmiento v. Mison

FACTS:

Petitioners, who are taxpayers, lawyers, members of the

Integrated Bar of the Philippines and professors of

Constitutional Law, seek to enjoin the respondent Mison

from performing the functions of the Office of

Commissioner of the Bureau of Customs and the

respondent Guillermo Carague, as Secretary of the

Department of Budget, from effecting disbursements in

payment of Mison’s salaries and emoluments

Allegedly, Mison’s appointment as Commissioner of the

Bureau of Customs is unconstitutional by reason of its not

having been confirmed by the Commission on

Appointments.

ISSUE: WON all appointments made by the president require

approval of the Commission on Appointments to be valid?

HELD: NO. It is apparent, that there are four (4) groups of

officers whom the President shall appoint. These four (4)

groups are:

1st - the heads of the executive departments,

ambassadors, other public ministers and consuls, officers of

the armed forces from the rank of colonel or naval captain,

and other officers whose appointments are vested in him in

this Constitution;

2nd - all other officers of the Government whose

appointments are not otherwise provided for by law;

3rd - those whom the President may be authorized by

law to appoint;

4th - officers lower in rank whose appointments the

Congress may by law vest in the President alone.

The first group of officers is clearly appointed with the

consent of the Commission on Appointments.

Appointments of such officers are initiated by nomination

and, if the nomination is confirmed by the Commission on

Appointments, the President appoints.

By following the accepted rule in constitutional and

statutory construction that an express enumeration of

subjects excludes others not enumerated, it would follow

that only those appointments to positions expressly stated

in the first group require the consent (confirmation) of the

Commission on Appointments.




The position of Commissioner of the Bureau of Customs (a

bureau head) is not one of those within the first group of

appointments where the consent of the Commission on

Appointments is required. Hence appointment is

constitutional.

PERMANENT APPOINTMENTS

Extended to persons possessing requisite eligibility and

are protected by constitution on security of tenure

TEMPORARY APPOINTMENTS

Extended to persons without eligibility and are revocable

at will without necessity of just cause

DESIGNATION

Imposition of additional duties; only an acting or

temporary appointment which does not confer security of

tenure

*NOTE: Both temporary appointment and designation are not

subject to confirmation by Commission on Appointments. If

given erroneously, it will not make the incumbent a permanent

appointee. Appointment is deemed complete upon acceptance;

cannot be forced upon any citizen

STEPS IN THE APPOINTING PROCESS

Regular

1. Nomination – made by the President

2. Confirmation – prerogative of the Commission on

Appointments

3. Issuance of Commission – done by President

Ad Interim Appointment

Appointment comes before the confirmation which is

made by the Commission when it reconvenes

following the legislative recess

Made during recess and becomes effective, subject to

confirmation or rejection later, during next legislative

session

REGULAR AD INTERIM

Made during legislative session

Made during recess

Made after the nomination is confirmed by the

Commission on

Appointments

Made before confirmation

Continues until end of term by appointee

Ceases to be valid if disapproved by the

Commission on

Appointments or upon

next adjournment of Congress

Caretaker capacity of Acting President

Section 14. Appointments extended by an Acting President

shall remain effective, unless revoked by the elected President,

within ninety days from his assumption or reassumption of office.

Purpose: to prevent use, or abuse appointing power for purpose of enlisting political support

Section 15. Two months immediately before the next presidential elections and up to the end of his term, a

President or Acting President shall not make appointments,

except temporary appointments to executive positions when

continued vacancies therein will prejudice public service or endanger public safety.

REMOVAL POWER

Derived from express power of appointment

Constitution provides certain methods for separation from

public office; in accordance with prescribed

administrative procedure

Exception: Members of the Cabinet whose term of office

is determined at the pleasure of the President; separation

is effected by expiration of term




CONTROL POWER

Power of an officer to alter or modify or nullify or set

aside what a subordinate offices had done in the

performance of his duties and to substitute the judgment

of the former for that of the latter

Section 17. The President shall have control of all the

executive departments, bureaus, and offices. He shall ensure

that the laws be faithfully executed.

Self-executing provision, since the President derives his

power of control directly from the Constitution and not

from ant implementing legislation

President has full control of all members of his cabinet;

members are subject at all times to the disposition of the

President since they are merely his alter ego

THE “TAKE-CARE” CLAUSE

Power to take care that laws be faithfully executed

Law supposed to be enforced: Constitution, Statutes,

Judicial decisions, Administrative rules and regulations

and Municipal ordinances, Treaties entered into by our

government

Duty to execute it regardless of his doubts on its validity,

unless declared unconstitutional

MILITARY POWER

Not conclusive that it is a military government

In his capacity as Commander-in-Chief

Seeks help from military to ensure effective

implementation of law

o Military establishment is the strongest single

institution in the country and could easily employ its

physical force to wrest power from civilian authorities

*NOTE: Civilian supremacy over military, thus, lessening the

danger of a military take-over

The Military Power enables the President to:

1. Command all the armed forces of the Philippines

2. Suspend the privilege of writ of habeas corpus

3. Declare martial law

Section 18. The President shall be the Commander-in-Chief

of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to

prevent or suppress lawless violence, invasion or rebellion.

In case of invasion or rebellion, when the public safety

requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place

the Philippines or any part thereof under martial law.

Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus,

the President shall submit a report in person or in writing to

the Congress. The Congress, voting jointly, by a vote of at

least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which

revocation shall not be set aside by the President. Upon the

initiative of the President, the Congress may, in the same

manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or

rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four

hours following such proclamation or suspension,

convene in accordance with its rules without need of a

call.

The Supreme Court may review, in an appropriate proceeding

filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege

of the writ of habeas corpus or the extension thereof, and must

promulgate its decision thereon within thirty days from its

filing.

A state of martial law does not suspend the operation

of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the

conferment of jurisdiction on military courts and agencies

over civilians where civil courts are able to function, nor

automatically suspend the privilege of the writ of habeas corpus.

The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for

rebellion or offenses inherent in, or directly connected

with, invasion.

*NOTE: Suspension of privilege and not the writ itself.




COMMAND OF ARMED FORCES

Plans all campaigns, establish all sieges and blockades, directs all marches

Organize court martial for discipline of the members of

the armed forces, create military commissions for punishment of war criminals

Call out the armed forces to prevent lawless violence,

invasion or rebellion

CASE: Olaguer v. Military Commission No. 34

FACTS:

In 1979, Olaguer and some others were detained by

military personnel and were charged with unlawful

possession of explosives and incendiary devices;

conspiracy to assassinate President and Mrs. Marcos;

conspiracy and proposal to commit rebellion, and

inciting to rebellion.

On August 19, 1980, the petitioners went to the SC and

filed the instant Petition for prohibition and habeas

corpus.

ISSUE: WON a military tribunal has the jurisdiction to try

civilians while the civil courts are open and functioning

HELD:

The SC nullified for lack of jurisdiction all decisions

rendered by the military courts or tribunals during the

period of martial law in all cases involving civilian

defendants.

A military commission or tribunal cannot try and

exercise jurisdiction, even during the period of martial

law, over civilians for offenses allegedly committed by

them as long as the civil courts are open and functioning,

and that any judgment rendered by such body relating to

a civilian is null and void for lack of jurisdiction on the

part of the military tribunal concerned.

CASE: Integrated Bar of the Philippines v. Zamora

FACTS:

In view of the alarming increase in violent crimes in Metropolitan Manila, the President ordered the PNP and

the Phil. Marines to conduct joint visibility patrols for

crime prevention and suppression.

The IBP questioned validity of the order invoking its

responsibility to uphold the rule of law.

ISSUE: Whether the deployment of soldiers for law

enforcement is in derogation of Article 2, Section 3 of the

Constitution

HELD:

The President did not commit grave abuse of discretion

in calling out the Marines.

President as stated in Section 18, Article VII of the

Constitution, specifically, the power to call out the

armed forces to prevent or suppress lawless violence,

invasion or rebellion. Calling the armed forces is not proper for judicial scrutiny since it involves a political

question and the resolution of factual issues which are

beyond the review powers of this Court.

By grave abuse of discretion is meant simply capricious or whimsical exercise of judgment that is patent and

gross as to amount to an evasion of positive duty or a

virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is

exercised in an arbitrary and despotic manner by reason

of passion or hostility. When the President calls the

armed forces to prevent or suppress lawless violence, invasion or rebellion, he necessarily exercises a

discretionary power solely vested in his wisdom.

Moreover, under Section 18, Article VII of the Constitution, in the exercise of the power to suspend the

privilege of the writ of habeas corpus or to impose

martial law, two conditions must concur: (1) there must

be an actual invasion or rebellion and, (2) public safety must require it. These conditions are not required in the

case of the power to call out the armed forces. The only

criterion is that "whenever it becomes necessary," the

President may call the armed forces to prevent or suppress lawless violence, invasion or rebellion." The

implication is that the President is given full discretion

and wide latitude in the exercise of the power to call as

compared to the two other powers.




HABEAS CORPUS

Art. III, Section 15. The privilege of the writ of habeas corpus

shall not be suspended except in cases of invasion or rebellion when the public safety requires it.

Grounds for suspension: Invasion Rebellion

When public safety requires it

Writ directed to the person detaining another, commanding him to produce the body of the prisoner at a

designated time and place, with the day and cause of his

caption and detention, to do, to submit to and receive whatever the court or judge awarding the writ shall

consider in his behalf

Right to bail is not suspended

What is permitted to be suspended is not the writ itself but

its privilege

SC decidedly has the power to annul the suspension, if the same is not based on either grounds: invasion or

rebellion, when public safety requires it

MARTIAL LAW

Grounds for declaration: Invasion

Rebellion

Aid in execution of civil function

Does not supersede civil authority

Assists the executive in the maintenance of law and order

No new powers are given to the executive; no civil rights

of the individuals are suspended

The following cannot be done:

o Suspend the operation of the Constitution

o Supplant the functioning of the civil courts and the legislative assemblies

o Confer jurisdiction upon military courts and agencies

over civilians where civil courts are able to function

*NOTE: Civil courts remain to be open despite proclamation

of Martial Law. Hence, civilians cannot be tried by military

courts are open and functioning.

Limitations of Military Power:

1. He may call out armed forces when it becomes

necessary to prevent or suppress lawless violence,

invasion or rebellion.

2. The grounds for the suspension of the privilege of writ of habeas corpus and proclamation of martial

law are now limited only to invasion or rebellion,

when the public safety requires it.

3. Duration of such suspension or proclamation shall

not exceed sixty days, following it shall be

automatically lifted.

4. Within forty-eight hours from the proclamation of

martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a

report in person or in writing to the Congress . The

Congress, if not in session, shall, within twenty-four

hours following such proclamation or suspension, convene in accordance with its rules without need of

a call.

5. The Congress, voting jointly, by a vote of at least a

majority of all its Members in regular or special

session, may revoke such proclamation or

suspension.

6. The revocation may not be set aside by the

President.

7. By same vote and in the same manner, the Congress

may, upon the initiative of the President, extend his

proclamation or suspension for a period to be

determined by the Congress, if the invasion or

rebellion shall persist and public safety requires it.

8. The Supreme Court may review, in an appropriate

proceeding filed by any citizen, the sufficiency of the

factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas

corpus or the extension thereof, and must promulgate

its decision thereon within thirty days from its filing.

9. Martial law does not automatically suspend the

privilege of the writ of habeas corpus or the

operation of the Constitution. The civil courts and legislative assemblies shall remain open. Military

courts and agencies , are not conferred jurisdiction

over civilians where civil courts are able to function




10. The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially

charged for rebellion or offenses inherent in, or

directly connected with, invasion.

11. Any person thus arrested or detained shall be

judicially charged within three days, otherwise he

shall be released.

PARDONING POWER

Discretionary in the President

May not be controlled by the Legislature or reversed by

the Court, unless there is a Constitutional violation

Limitation on the Pardoning Power:

1. Cannot be granted in cases of impeachment

2. Cannot be granted in violations of election laws

without favorable recommendations of the comelec

3. Can be granted only after conviction by final

judgment (except amnesty)

4. Cannot be granted in cases of legislative contempt or

civil contempt

5. Cannot absolve convict of civil liability

6. Cannot restore public offices forfeited

7. A grant of amesty must be with the concurrence of a

majority of all the Members of the Congress

PARDON

Act of grace which exempts the individual on whom it is

bestowed from the punishment which the law inflicts for

the crime he has committed

Absolute Pardon

Does not impose any condition upon the pardonee

and is complete even without the necessity of

acceptance

Pardonee has no option but to accept it

Conditional Pardon

In the nature of the contract between the Chief

Executive and the convicted criminal/pardonee

Upon pardonee’s consent to the terms stipulated in

the contract

Pardonee may reject it if he feels that the conditions

imposed upon him is more onerous than the penalty

sought to be remitted

He has placed himself under the supervision of the

Chief Executive or of his delegate to see to it that

pardonee complies with the conditions of pardon

If condition is violated BEFORE expiration of remitted

penalty:

Pardon is deemed invalidated

Pardonee may be either:

o Recommitted by the President

o Prosecuted for violation of conditional

pardon

If condition is violated AFTER expiration of remitted

penalty:

No longer a violation of the conditional pardon

EFFECTS OF PARDON

Restores not only offender’s liberty but also civil and

political rights

PARDON PAROLE

Liberty is restored No restoration of liberty

Pardonee’s sentence is

condoned, subject to

reinstatement in case of

violation of condition

Parolee is still in the

custody of the law,

although not in

confinement

PAROLE PROBATION

Executive Judicial

Presupposes the prior

service of part of the

sentence

May be granted before

actual service of sentence;

involves social workers




AMNESTY

Act of grace, concurred in by the Legislature, usually

extended to classes of persons who committed political

offenses, which puts into oblivion the offense itself

PARDON AMNESTY

Infraction of

peace/common crimes

Political offenses

Granted to individuals Granted to classes of

persons

Does not require

concurrence of Congress

Requires concurrence

Private act Public act

Looks forward and relieves

the pardonee of the

consequences of the

offense

Looks backward and puts

into oblivion the offense

itself

Can be granted only after

conviction

May be granted even

before trial

COMMUTATION

Reduction or mitigation of the penalty , e.g. when the

death sentence is reduced to life imprisonment

Mitigates

REPRIEVE

Postponement of sentense or stay of execution

BORROWING POWER

The President may contract or guarantee foreign loans on

behalf of the Republic of the Philippines

With the concurrence of the Monetary Board

(limitation)

The Monetary Board shall submit to Congress report on

loans within 30 days from end of every quarter

DIPLOMATIC POWER

Spokesman of the nation on external affairs

President may deal with foreign states and governments

Withhold recognition, maintain diplomatic relations, enter

into treaties and transact other business of foreign

relations

o Ex. Act of State

No treaty or internation agreement shall be valid and

effecftive unless concurred by at least 2/3 of all members of

the Senate

Limited only to giving or withholding its consent or

concurrence to the ratification

Other Foreign Affairs Powers:

Power to make treaties

Power to appoint ambassadors, other public ministers

and consuls

Power to receive amabassadors and other public

ministers duly accredited to the Philippines

*NOTE: Treaties and other international agreements

concluded by the President are also subject to check by the

SC, which has the power to declare them unconstitutional.

BUDGETARY POWER

President is in the best position to determine the needs of

the government and propose the corresponding

appropriaations on the basis of existing or expected

sources of revenue

Can the President veto budget bill?

Yes. As a general rule, partial veto is not allowed.

The exceptions are: appropriation, tariff and revenue bills –

line veto. Also, it must be accompanied with explanations

regarding the veto.

Congress may not increase the appropriations recommended

by the President for the operation of the Government as

specified in the budget.




INFORMING POWER

The President shall address the Congress at the opening of its

regular session. He may also appear before it at any other

time.

Ex. SONA – opening of the regular session (no limit)

Different from the power of President to call for special

session because such requires emergency, etc.

OTHER POWERS

1. Call Congress to a special sesion

2. Approve or veto bills

3. Deport aliens

4. Consent to deputation of government personnel by

COMELEC

5. Discipline such deputies

6. By delegation from Congress, exercise emergency

and tariff powers

7. General supervision over local government units and

autonomous regional governments

8. Immunity from suit during his tenure




CHAPTER 12:

THE JUDICIAL DEPARTMENT

INDEPENDENCE OF THE JUDICIARY

1. The Supreme Court is a constitutional body. It cannot be

abolished nor may its membership or the manner of its

meetings be changed by mere legislation

2. The members of the Supreme Court may not be removed

except by impeachment

3. The Supreme Court may not be deprived of its

minimum original and appellate jurisdiction as

prescribed in Article VIII Sec. 5 of the Constitution

4. The appellate jurisdiction of the Supreme Court may

not be increased without its advise and concurrence

5. Appointees to the judiciary are nominated through the

Judicial and Bar Council, and no longer subject to the

confirmation of Commission on Appointments

6. The Supreme Court has administrative supervision over

all lower courts and their personnel

7. The Supreme Court has exclusive power to discipline

judges of lower courts

8. The members of the Supreme Court and lower courts

have security of tenure, which cannot be undetermined

by a law reorganizing the judiciary

9. They shall not be designated to any agency performing

quasi-judicial or administrative functions

10. The salaries of judges may not be reduced during their

continuance in office

11. The judiciary shall enjoy fiscal autonomy

12. The Supreme Court alone may initiate Rules of Court

13. Only the Supreme Court may order temporary detail of

judges

14. The Supreme Court can appoint all officials and

employees of the judiciary

Section 1. The judicial power shall be vested in one Supreme

Court and in such lower courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally

demandable and enforceable, and to determine whether or not

there has been a grave abuse of discretion amounting to lack

or excess of jurisdiction on the part of any branch or

instrumentality of the Government.

MEMBERS OF JUDICIARY

1. Members of Supreme Court

2. Judges of lower courts

*NOTE: No confirmation by COA is needed upon nomination of JBC

TERM

Rotational scheme

No limit on the number of terms appointive members

may serve

President is not bound by seniority rule

Purpose of new process of appointment

De-politicize the courts of justice

Ensure choice of competent judges

Fill existing vacancies as soon as possible

QUALIFICATIONS

Only SC Justices are required to be natural-born

citizen; the rest = only citizens of PH

Members of the Supreme Court/CA

Natural-born Filipino citizen

At least 40 years of age

At least 15 years of experience to be a judge of lower

court or engaged in the practice of law in the

Philippines

Must be a person of proven competence, integrity,

probity and independence

*NOTE: SC qualifications may not be reduced nor increased

by Congress through ordinary legislation; may only be

changed through Constitutional amendment

Judges of Lower Courts

Citizen of the Philippines

Member of the Philippine Bar

Must be a person of proven competence, integrity,

probity and independence

Congress shall prescribe the qualifications

Appointed by the President




*NOTE: Qualifications may be increased by Congress; above

are only minimum requirements. Also, temporary

appointments are not allowed since it undermines

independence of judiciary.

JUDICIAL POWER and

DUTY OF COURTS OF JUSTICE

To settle actual controversies involving rights which are

legally demandable and enforceable

To determine whether or not there has been a grave abuse

of discretion amounting to lack or excess of jurisdiction

on the part of ANY branch or instrumentality of the

Government

Vested in Supreme Court and in such lower courts

COURTS OF JUSTICE

Supreme Court – only constitutional court

Lower Courts – statutory creations

Court of Appeals

Regional Trial Court

Metropolitan Trial Court

Municipal Circuit Trial Court

*(The above-mentioned are under the Judiciary

Reorganization Law)

Court of Tax Appeals

Sandigangbayan

Sharia courts

*(The above-mentioned are not included in the reorganization)

JURISDICTION

Section 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts

but may not deprive the Supreme Court of its jurisdiction over

cases enumerated in Section 5 hereof.

Power vested in the Congress

Power to define, prescribe and apportion jurisdiction

Subject to constitutional limitations

Law regarding jurisdiction

No law shall be passed increasing the appellate

jurisdiction of the SC

APPOINTMENTS

Appointees to the judiciary are nominated through the

Judicial and Bar Council, and no longer subject to the

confirmation of Commission on Appointments

JUDICIAL AND BAR COUNCIL

Principal function: Recommending appointees to the

Judiciary

Prepares a list of at least 3 nominees for every vacancy

Gives the President enough leeway in exercise of his

discretion

Screens the appointments for members of judiciary

Under supervision of the Supreme Court

May exercise other functions and duties as SC may assign

to it

Replaced Commission on Appointments to avoid undue

influence (political affiliation and loyalty rather than

merit)

COMPOSITION

Regular Members

Chief Justice as ex officio Chairman

Secretary of Justice

Representative of the Congress

*NOTE: Above are appointed by the President for a term of 4

years, and with consent of the Commission on Appointments

Ex officio Members

Representative of the Integrated Bar (4)

Professor of law (3)

Retired Member of the Supreme Court (2)

Representative of the private sector (1)

Secretary ex officio of the Council

Clerk of the Supreme Court

o Keeps a record of its proceedings.




FISCAL AUTONOMY

Section 3. The Judiciary shall enjoy fiscal autonomy.

Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous

year and, after approval, shall be automatically and regularly

released.

Guarantee of full flexibility to allocate and utilize their

resources

Power and authority to levy, assess and collect fees, fix

rates of compensation

Pay plans of government

Allocate and disburse such sums as may be provided by

law

COMPOSITION OF THE

SUPREME COURT

Composed of 1 Chief Justice and 14 Associate Justices

Fifteen members to enable the Court to cope more

effectively with its mounting backlog of cases

May meet: en banc, two, three or five divisions

Any vacancy in the Court must be filled within ninety

days from its occurrence

President is required to fill vacancies in the control within

the time frames provided

EN BANC CASES

1. All cases involving the constitutionality of: Treaty

International or Executive Agreement

Law

2. All other cases which under the Rules of Court are

required to be heard en banc including constitutionality,

application, or operation of:

Presidential decrees Proclamations

Orders

Instructions

Ordinances Other regulations

Shall be decided with the concurrence of a majority of the Members who actually took part in the

deliberations on the issues in the case and voted thereon.

DIVISION CASES

Cases or matters heard by a division shall be decided or

resolved with the concurrence of a majority of the

Members who actually took part in the deliberations on the issues in the case and voted thereon

Concurrence of at least three of such Members

When the required number is not obtained, the case shall be decided en banc

No doctrine or principle of law laid down by the court in a

decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.

REQUISITES OF A

JUDICIAL INQUIRY

1. There must be an actual case or controversy

2. Question of constitutionality must be raised by the

proper party

3. Question of constitutionality must be raised at earliest

opportunity

4. Decision of constitutional question of must be necessary

to the determination of the case itself

ACTUAL CASE

Involves a conflict of legal rights, an assertion of opposite

legal claims susceptible of judicial resolution

Appropriate for judicial determination

Must NOT be an opinion, moot, academic, hypothetical

or based on extra-legal or other similar considerations

Must be real and substantive, admitting specific relief

through a decree

When purpose is to solicit from the court a declaratory

judgment involving interpretation of rights and duties

*NOTE: Counselling by courts is contrary to separation of

powers since advice will not have the force of law but mere

suggestion that may be accepted or rejected

PROPER PARTY

One who has sustained or is in immediate danger of

sustaining injury as a result of the act complained of

Actual or potential injury must be established




EARLIEST OPPORTUNITY

Issue must be raised in the pleadings

Exceptions:

o In criminal cases, constitutional question can be

raised at anytime in the discretion of the court

o In civil cases, constitutional question can be raised at

any stage if it is necessary to the determination of

the case itself

o In every case, except where there is estoppel,

constitutional question can be raised at any stage if it

involves the jurisdiction of the court

EFFECTS OF A DECLARATION OF

UNCONSTITUTIONALITY

Orthodox View

Total nullity; Considered never to have existed at all

Modern View

Does not annul or repeal statue

Decision affects parties only, persons outside or

excluded from suit are not bound by judgment

Partial Unconstitutionality

Salvages the valid portions of statute

Two Conditions:

1. Legislature is willing to retain valid portion; usually

through separability clause

2. Valid portions can stand independently

*NOTE: Olaguer case - the SC nullified for the lack of

jurisdiction the military tribunals during martial law in cases

with civilian defendants

POWERS OF SC (8)

The Supreme Court may not be deprived of its minimum

original and appellate jurisdiction as prescribed in Article

VIII Sec. 5 of the Constitution

ORIGINAL JURISDICTION

1. Cases affecting ambassadors, other public ministers and

consuls

2. Petitions for certiorari, prohibition, mandamus, quo

warranto, and habeas corpus

Certiorari - prayer that judgement be rendered annulling or modifying the proceedings, as law

requires, of such tribunal, board or officer

Mandamus - when any tribunal, corporation, board, or person unlawfully neglects the performance of an

act which the law specifically enjoins as a duty

compelling the concerned party to act

Prohibition- commands the defendant to desist from

any further proceeding in the action or matter

specified therein

Quo Warranto- action for usurpation of office or

franchise or against a corporation for violation of its

original charter or for misuse, non-use or forfeiture of

its rights and privileges

Habeas Corpus (“you shall have the body”) -

extended in all cases of illegal confinement or

detention by which any person is deprived of its liberty, or by which the rightful custody of any

persons is withheld from the person entitled thereto

APPELLATTE JURISDICTION

The appellate jurisdiction of the Supreme Court may not be

increased without its advise and concurrence

1. Review, revise, reverse, modify, or affirm on appeal

or certiorari, as the law or the Rules of Court may

provide, final judgments and orders of lower courts in:

(a) All cases in which the constitutionality or validity

of any treaty, international or executive agreement, law,

presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

(e) All cases in which only an error or question of law is involved.

Right to appeal is not embraced in due process of law




Appeals allowed are from final judgments and decrees only of lower courts or judicial tribunal; Administrative

decisions (ex. Court martial) are not included

TEMPORARY ASSIGNMENT OF JUDGES

Assign temporarily judges of lower courts to other stations as

public interest may require. Such temporary assignment shall

not exceed six months without the consent of the judge

concerned.

Applies to judges of inferior courts

Power no longer belongs to the executive authorities, eliminates practice of “rigodon de jueces”- transfer of

judges at will of the chief executive

CHANGE OF VENUE OR PLACE OF TRIAL

Order a change of venue or change of trial to avoid a

miscarriage of justice.

The power may be exercised in civil cases.

RULE-MAKING POWER

Authorizes the SC to promulgate rules:

On legal assistance to the underprivileged

Concerning the protection and enforcement of

constitutional rights

For a simplified and inexpensive procedure for the

speedy disposition of cases

Limitations on the rule-making power of the Supreme

Court:

Rule must be uniform for all courts of the same grade

Rules must not diminish, increase or modify

substantive rights

APPOINTMENT OF COURT PERSONNEL

Appoint all officials and employees of the Judiciary in

accordance with the Civil Service Law.

The power extends to all the officials and employees

of the judiciary itself.

ADMINISTRATIVE SUPERVISION OF COURTS

The Supreme Court shall have administrative supervision over

all courts and the personnel thereof.

TENURE OF JUDGES

Sec. 11, Art. 8 of the Constitution guarantees the security of

tenure of the judges until they reach the retirement age of

seventy.

Members of the judiciary may be removed only after

charges have been filed and proved against them in a

proper administrative proceeding conducted or

ordered by the Supreme Court.

Power to remove judges lies in the Supreme Court

with the concurrence of a majority of the members

who actually took part in the deliberations and voted

on the issues in the case.

Besides removal, such other disciplinary measures:

Suspension

Fine

Reprimand

CONSULTATIONS OF THE COURT

The SC is required to reach its conclusions after an

exchange of ideas and full deliberation among its

members.

Once agreement is arrived at by the required majority, a

member is assigned as the ponente of the Court.

Other members may write separate concurrent opinions,

but a separate opinion is required from any dissenting

justice, who should state the reasons for his dissent.

A justice who takes no part or abstains must also explain

his non-participation as it is not permitted for a member to

refuse to act except for valid reasons.

DECISIONS OF THE COURT

No decision shall be rendered by any court without expressing

therein clearly and distinctly the facts and the law on which it

is based.

No petition for review or motion for reconsideration of a

decision of the court shall be refused due course or denied

without stating the legal basis therefor."




Intended to inform the parties of the factual and legal

considerations employed to support the decision of

the court.

Above provision is NOT applicable to decisions of

the COMELEC and of military tribunals, which are

not courts of justice.

SALARIES OF JUDGES

The salary of the Chief Justice and Associate Justices of

the SC, and of judges of lower courts are fixed by the law.

Diminution of the salaries of judges during their

continuance in office is prohibited

Salaries of the judges MAY be raised by the legislature

PERIODS FOR DECISIONS

Sec. 15, Art. 8 of the Constitution is MANDATORY.

For the speedy disposition of cases (constitutional right)

Maximum Periods:

SC = 24 Months

Lower collegiate courts = 12 Months

Other lower courts = 3 Months

ANNUAL REPORT

“The Supreme Court shall, within thirty days from the opening

of each regular session of the Congress, submit to the

President and the Congress an annual report on the

operations and activities of the Judiciary.

The annual report can be the basis of the appropriate

legislation and government policies intended to improve

the administration of justice and strengthen the

independence of the judiciary.




CHAPTER 13:

THE CONSTITUTIONAL COMMISSIONS

The three Constitutional Commissions:

1. Civil Service Commission (CSC) – government

officers and personnel

2. Commission on Elections (COMELEC) - election

3. Commission on Audit (CoA) – government money

CSC used to be statutory body until it was elevated to its

present status by the 1973 Charter.

COMELEC and CoA – originally called the General

Auditing Office

CONSTITUTIONAL GUARANTEES FOR

INDEPENDENCE

15. Created by the Constitution itself and may not be

abolished by statute

16. Expressly described in the Constitution as independent

17. Each is expressly conferred certain powers and functions

which cannot be withdrawn or reduced by statute

18. Chairmen and members of all these Commissions may

not be removed from office except by impeachment

19. Chairmen and members of all these Commissions are

given fairly long term of seven (7) years

20. Terms of office of the chairmen and members of all these

Commissions are staggered in such a way as to lessen the

opportunity for appointment of the majority of the body

of the same President

21. Chairmen and members of all these Commissions may

not be reappointed or appointed in an acting capacity

22. Salaries of the chairmen and members of all these

Commissions are relatively high and may not be

decreased during their continuance in office

23. The Commissions all enjoy fiscal autonomy

24. Each Commission may promulgate its own procedural

rules

25. Chairmen and members of all these Commissions are

subject to certain disqualifications and inhibitions

calculated to strengthen their integrity

26. Constitutional Commissions are allowed to appoint their

own officials and employees in accordance with the Civil

Service Law

SALARIES

Annual salary of chairmen of each of these Constitutional

Commissions – P204, 000.00

Annual salary of the members – P180,000.00

These salaries have been increased by statute and may not

be decreased during the incumbents’ continuance in

office.

Purpose: To prevent the legislature from exerting

pressure upon the Commissions by operating on their

necessities.

DISQUALIFICATIONS

No member of ConCom, during his tenure, shall:

Hold any other office or employment

Practice any profession

Be financially interested in any gov’t contract

STAGGERING OF TERMS

Not applicable now

All members- serve for a term of 7 years

o Except: First appointees

System of Staggering of Terms

They will not vacate their offices at the same time

Original appointees: Term of 3, 5, and 7 years

Vacancy will occur every 2 years

Requisites for the effective operation of the “rotational

scheme:”

1. Original Members- begin term at a common date

2. Vacancy before the expiration of the term- filled only

for the balance of such term




o Result: 1/3 of membership shall be vacated at

regular intervals

REAPPOINTMENT

The Chairmen and its members may not be reappointed or

appointed in an acting or temporary capacity as specified

in Article IX-A Section 1 of the Philippine Constitution.

CASE: Brillantes v. Yorac

Facts: President Cory Aquino designated respondent

Haydee Yorac as Acting chairman of the Commission on

Elections in place of Chairman Hilario Davide who had

been named chairman of the fact-finding commission to

investigate the December 1989 coup d’ etat attempt.

Issue: Whether or not the designation by the President of

the Philippines of respondent Yorac as Acting Chairman

of the COMELEC is unconstitutional

Held: The court held that the designation of the President

of respondent Yorac as acting chairman of the

COMELEC is unconstitutional. Although the

constitutional commissions are executive in nature, they

are not under the control of the president in the exercise

of their functions because they are vested with

independence by the Constitution as specified in Article

IX-A Section 1.

Furthermore, in the choice of the acting chairman, the

members of the Constitutional Commission would have

been guided by the seniority rule. The constitution

provides for many safeguards of independence of the

Commission on Elections, one of which is the security of

tenure of its members.

OTHER PERQUISITES

Constitutional Commissions:

Have the power to appoint their own officials and

employees in accordance with the civil service laws

Enjoy fiscal autonomy (Their approved annual

appropriations shall be automatically and regularly

released.)

PROCEEDINGS

People are assured of a speedy disposition of their cases.

Each Constitutional Commission decides by a majority

vote of all its Members within 60 days from the date of

its submission for decision or resolution (filing of the last

pleading, brief, or memorandum).

Any decision, order or ruling of each Constitutional

Commission may be brought to the SC on certiorari

within 30 days from receipt of copy.




CHAPTER 14:

THE CIVIL SERVICE COMMISSION

COMPOSITION and QUALIFICATIONS

1 Chairman and 2 Commissioners who are:

Natural Born Citizens At least 35 years of age at the time of appointment

With proven capacity for public administration

Must not have been candidates for any elective

position in the elections immediately preceding their appointment

The Chairman and the Commissioners shall be appointed

by the president with the consent of the commission on appointments

TERM

7 years without reappointment (of those first appointed,

Chairman shall hold office for seven years, commissioner for 5 years and another commissioner for three years

without reappointment)

*NOTE: No member of the commission shall be designated in a temporary or acting capacity

OBJECTIVES OF THE CSC

The CSC is expected to pursue in establishing a career

service accountable to the people and deserving of their trust and support.

It shall establish a career service, 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 programs

Composed of persons initially chosen on the basis of

qualifications alone and promoted at regular intervals on

the strength of performances.

OATH

All public officials and employees took an oath to support and defend it

SCOPE OF CIVIL SERVICE

Article IV – B, Section 2 (1) - “…embraces all branches,

subdivisions, instrumentalities, and agencies of the

government, including government – owned or controlled

corporation with original charters.”

Corporations with original charters – those created by

special law E.g. the Government Service Insurance System and

Social Security System

Corporations which are subsidiaries of these

chartered agencies (like Manila Hotel), are not within the coverage of the civil service.

CASE: National Service Corporation v. National

Labor Relations Commission (not a designated case)

It was held that in the 1987 Constitution, the government

– owned or controlled corporations included in the civil service are only those created by special law , or granted

legislative charters, and not organized under the

Corporation Code.

CLASSIFICATION OF POSITIONS

CAREER SERVICE

Characterized by:

1. Entrance based on merit and fitness to be determined

as far as practicable by competitive examinations. 2. Opportunity for advancement to higher career

positions.

3. Security of tenure.

Kinds:

a) Open career – prior qualification in an

appropriate examination is required b) Closed career – scientific or highly technical in nature

Includes faculty and academic staff of state

colleges and universities, scientific and technical position in scientific or research institutions ( shall

establish and maintain their own merit systems)

c) Positions in the Career executive Service

Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant

Regional Director, Chief of Department Service and other

officers of equivalent rank, as identified by Executive Service Board (all are appointed by the President).

d) Career Officers - other than those in the Career

Executive Service, who are appointed by the president




Foreign Service Officers in the DFA e) Commissioned officers and enlisted men of the

Armed Forces, shall maintain a separate merit system

f) Personnel of government

Owned or controlled corporations, whether performing

governmental or proprietary functions, who do not fall

under non – career service g) Permanent labourers

Whether skilled, semi – skilled, or unskilled.

NON-CAREER SERVICE

Characterized by:

1. Entrance on bases other than those of the usual tests of

merit and fitness utilized for the career service.

2. Tenure which limited to a period specified by law

Kinds:

1. Elective officials and their personal or confidential staff 2. Department heads and other officials of Cabinet Rank,

appointed by the president, and their personal or

confidential staff

3. Chairmen and members of commissions and boards and their personal or confidential staff (with fixed terms of

office)

4. Contractual personnel or those employed by the

government is in accordance with a special contract for a specific job requiring special or technical skills

5. Emergency and seasonal personnel.

*NOTE: Under the Constitution, Civil Service “shall be administered by the Civil Service Commission.”

APPOINTMENTS

May either be permanent or temporary

PERMANENT APPOINTMENTS

May exceed 12 months

Issued to a person who meets all the requirements for the position to which he is being appointed

o In the absence of the same, it becomes necessary to

fill in vacancies, thus temporary appointment:

TEMPORARY APPOINTMENT S

May not exceed 12 months; do not have definite term and

may be withdrawn by appointing power

A person who meets all requirements for the position

except the appropriate civil service eligibility

EXCEPTIONS The following are exempted from the requirement for

competitive requirements:

Policy – determining position – one charged with laying down of principal or fundamental guidelines or rules such

that of a head of a department

Primarily confidential position- denoting not only

confidence , but primarily close intimacy which ensured

freedom of intercourse without embarrassment or freedom from misgiving or betrayals of personal trust on

confidential matters of the state, or one declared to be so

by the president upon the recommendation of the Civil

Service Commission

Highly technical position – where appointee possess

technical skill or training in the supreme or superior degree.

SECURITY OF TENURE

“No officer or employee of the Civil Service shall be

suspended or dismissed except for cause as provided by

law.”

Because of security of tenure, civil servants may become

callous to the demands of public service in the belief of

the guarantee of their incumbency, regardless of poor performance, thus Administrative Code of 1987

enumerates grounds for the discipline of civil servants.

Non – compliance with the said rules shall constitute a denial of their security of tenure.

During a pending investigation, employee shall be

subject to preventive suspension but shall be lifted

after 90 days if he is not a presidential appointee unless the delay in the conduct of the probe is

imputable to him.

DISQUALIFICATIONS

No elective official shall be eligible for appointment in any capacity to any public office during his tenure

No candidate who has lost in any election shall, within a

year, be appointed to any office in the Government or any government-owned or controlled corporations or in any of

their subsidiaries

No officer or employee in the civil service, shall engage direct or indirect, in any electioneering or partisan

political activity




PARTISAN POLITICAL ACTIVITY “No officer or employee in the Civil Service shall engae,

directly or indirectly in any electioneering or partisan

political campaign”.

Partisan political activity – active support for or affiliation

with the cause of a political party or candidate. – in general, becoming actively identified with the success or

failure of any candidate.

Exempted from the prohibition – members of the

cabinet

Shall not be understood as preventing any officer or

employee from expressing his/her political views , or from mentioning the names of candidates for public

office whom he supports:

Purpose of prohibition is two – fold: 1. Prevent members of the civil service from using

government resources for the benefit of their

candidates.

2. Insulate them from political retaliation from winning candidates they have opposed.

SELF-ORGANIZATION

Constitution: right to self-organization shall not be denied

to government employees

But employees in the civil service may not resort to

strikes, walkouts and other temporary work

stoppages, like workers in the private sector, to

pressure the Government to accede to their demands.

TEMPORARY EMPLOYEES

Constitution: temporary govt employees shall be given

such protection as may be provided by law

Thus the Congress may provide laws that contradict

the common notion that temporary employees are

easily disposable

PROHIBITION AGAINST ADDITIONAL and

DOUBLE COMPENSATION

STANDARDIZATION OF COMPENSATION

Solution to one of the basic causes of the discontent of many civil servants

The Congress shall provide for the standardization of compensation of Government officials and employees

including government controlled corporations with

original charters

No 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

ADDITIONAL COMPENDSATION

When for one and the same office for which compensation has been fixed there is added to such fixed

compensation an extra reward in the form of bonus and

the like

DOUBLE COMPENSATION

Refers to 2 sets of compensation for 2 different offices held concurrently by one officer

*NOTE: Prohibition was against double compensation, not

double appointments. Hence, a second position may be held

concurrently as long as the two are not incompatible, but the

incumbent cannot collect additional salaries for services rendered unless specifically allowed by law




CHAPTER 15:

THE COMMISSION ON ELECTIONS


1 Chairman and 6 Commissioners who are: Natural-born citizens at the time of their appointment

At least 35 years old

Holders of a college degree

Must not have been candidates for any elective position immediately preceding elections

Majority (including Chairman)

a. Members of the Philippine Bar

b. Engaged in the practice of law for at least 10 years

TERM and APPOINTMENT

1. Appointed by the President with the consent of the

Commission on Appointments 2. Term: 7 years without reappointment

a. 3 members: 7 years

b. 2 members: 5 years

c. 1 member: 3 years 3. Appointment to vacancy:

a. Unexpired term of the predecessor

4. Appointment in a temporary or acting capacity is not

allowed.

MEMBERSHIP

Commonwealth Charter: 3

1973 Constitution: 9

1987 Constitution: 7 o Intended to facilitate decisions of the commission en

banc

o Majority: 4 members

Purpose

To be a more effective instrument in maintaining the

secrecy and sanctity of the ballot as the concrete expression of the will of the sovereign people.

DUTY OF SUPERVISING ELECTIONS

Originally entrusted to the Secretary Interior

o Unsatisfactory because of his partisan identification

COMELEC

o Converted into a constitutional body in 1940

POWERS and FUNCTIONS (6)

ENFORCEMENT OF ELECTION LAWS

a. All laws and regulations relative to the conduct of an

election, plebiscite, initiative, referendum and recall

b. Can require compliance with rules for the filing of

certificates of candidacy

c. Prevent or prosecute election offenses

d. Supervise the registration of voters

e. Holding of polls

f. See to it that the canvass of the votes and

proclamation of winners are done in accordance with

law

g. Annul an illegal registry of voters

h. Cancel a proclamation made by the board of

canvassers on basis of an irregular or incomplete

canvass

i. Oust candidate proclaimed notwithstanding that he

has already assumed office

Omnibus Election Code

o COMELEC is allowed to postpone or

continue elections subject to certain

conditions.

“No pardon, amnesty, parole or suspension of

sentence for violation of election laws, rules and

regulations shall be granted by the President

without favorable recommendation of the

Commission.”

DECISION OF ELECTION CONTESTS

a. Original Jurisdiction

i. All contests relating to elections, returns and

qualifications of all elective regional, provincial

and city officials

b. Appellate Jurisdiction

i. All contests involving elective municipal

officials decided by trial courts of general

jurisdiction

ii. Involving elective barangay officials decided by

trial courts of limited jurisdiction

c. Decisions, final orders

i. Final, executory and not appealable

d. Cases may be appealed to the SC in a petition for

certiorari

i. Limited to questions of law involving lack or

excess of jurisdiction

COMELEC may sit

o En banc (Motions for reconsideration of

decisions)




o 2 Divisions consisting of 3 members

(All election cases)

DECISION OF ADMINISTRATIVE QUESTIONS

a. Questions affecting elections

i. Determination of number and location of polling

places

ii. Appointment of election officials and inspectors

iii. Registration of voters

b. Determination of myriad administrative details

relating to the conduct of elections

c. Exception

i. Those involving the right to vote

DEPUTATION OF LAW ENFORCEMENT AGENCIES

a. Law enforcement agencies and instrumentalities

i. Including AFP

ii. For ensuring free, orderly, honest, peaceful and

credible elections

iii. May only be exercised with the consent of the

President

REGISTRATION OF POLITICAL PARTIES

a. Necessary to give political parties their political

identity and juridical personality

b. They must present their programs and platforms

c. Enables the COMELEC to determine ig the party

seeking registration is not entitled thereto

d. Financial contribution shall be a ground for the

cancellation of the registration of the party + penal

sanctions

IMPROVEMENT OF ELECTIONS

a. Recommendations

i. Minimize election spending

ii. Limitation of places where propaganda materials

shall be posted

iii. Prevent and penalize all forms of election frauds,

offenses, malpractices and nuisance candidacies

Omnibus Election Code

o Allows commission to refuse to give

due course to certificates of nuisance

candidates

o Assures equal treatment for all

candidates

b. Submit to the President and Congress a

comprehensive report

i. Basis of legislation that may improve future

elections

ELECTION PERIOD

During the election period, the COMELEC may

supervise or regulate public utilities, media and

franchises

Commence 90 days before the day of the election End 30

days thereafter

Special cases

o Special elections for the President

Called within 7 days after vacancy

To be filled not earlier than 45 and not later than

60 days from such call

Different from campaign period

o CP: cannot be extended beyond the election day

Ends 2 days before the election

PARTY SYSTEM

6 legislators are apportioned on the basis of the different

political parties represented in their chamber, whatever

their number

Free and open party system is allowed

No votes cast in favor of a political party shall be valid

o Exceptions: under the party-list system

Party-list System

o Parties, orgs or coalitions

Shall not be represented in the voters’

registration boards, boards of election inspectors,

board of canvassers

Shall be entitled to appoint poll watchers

o Block voting will still continue in the case of P-L

candidates whose election will depend precisely upon

the influence exerted by their parties upon the

electorate

FUNDS

To ensure the independence of the COMELEC

To guarantee the proper conduct of elections

JUDICIAL REVIEW




CASE: Filipinas Engineering and Machine Shop v Ferrer

o Final orders, rulings and decisions of the COMELEC

are reviewable by certiorari by the SC

Those rendered actions or proceedings before the

COMELEC

Taken cognizance of by the said body in the

exercise of its adjudicatory or quasi-judicial

powers

CASE: People v Delgado

o Prosecution for violation of an election law is filed in

the RTC

Court acquires jurisdiction of the case and all

subsequent dispositions thereof must be subject

to its approval

PLEBISCITE

Submission of Constitutional amendments or

important legislative measures to the people for ratification

RECALL

Termination of official relationship of a local elective

official for loss of confidence prior to the expiration of his

term through the will of the electorate




CHAPTER 16:

THE COMMISSION ON AUDIT

Watchdog of the financial operations of the government.

Replaces the General Auditing Office established under

the 1935 Constitution.


1 Chairman and 2 Commissioners who are:

Natural-born citizens at the time of their appointment

At least 35 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

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.

TERM AND APPOINTMENT

The Chairman and the Commissioners shall be appointed

by the President with the consent of the Commission on

Appointments

7 years without reappointment.

Of those first appointed, the Chairman shall hold office

for 7 years, one Commissioner for 5 years, and the other

Commissioner for 3 years, without reappointment.

Appointment to any vacancy shall be only for the

unexpired portion of the term of the predecessor.

No Member shall be appointed or designated in a

temporary or acting capacity.

POWERS and FUNCTIONS (6)

1. To examine and audit all forms of government revenue

2. To examine and audit all forms of government

expenditures

3. To settle government accounts

4. To define the scope and techniques for its own auditing

procedures

5. To promulgate accounting and auditing rules

6. To decide administrative cases involving expenditure of

public funds

POST-AUDITING AUTHORITY OVER (4)

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 and controlled

corporations with original charters and on a post-audit basis:

o Constitutional bodies, commissions and offices that

have been granted fiscal autonomy under this

Constitution

o Autonomous state colleges and universities

o Other government-owned or controlled corporations

o Non-governmental entities

Approve or refuse the disbursement of public funds

*NOTE: A warrant is drawn by the proper administrative

official and countersigned by the Commission on Audit to

secure the release of funds from the Treasury.

CASE: Ynachausti vs. Wright

The counter-signature may be compelled of it can be

shown that:

1. The warrant has been legally drawn by the officer

authorized by law to do so;

2. An appropriation to which the warrant may be

applied exists by virtue of law; and

3. An unexpended balance of the amount appropriated

is available.




CRITICAL FUNCTION OF COA

VETO APPROPRIATIONS

Done through the power of the commission to “examine, audit and settle” and account violating its

own regulations

For the preventive and disallowance of irregular, unnecessary, excessive, extravagant or

unconscionable expenditures or uses of government

funds or properties

SCOPE OF AUDITING POWERS

Major departments

Government-owned or controlled corporations Also those now mentioned above

EXEMPTION FROM PRE-AUDIT PROCEDURES

Where expenditures are urgently needed

Delay is likely to defeat the purpose of the body

Result in prejudice to its operations

PROHIBITED EXEMPTIONS

No law shall be passed exempting from the jurisdiction of the COA any entity of the Government or its subsidiary

in:

o Any guise or whatever o Investment of public funds

REPORT

CoA shall submit an annual report (within a fixed time required by law) to the President and the Congress

Report covers:

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 Recommend measures necessary to improve their

effectiveness ad efficiency

Manner in which revenues have been collected

How appropriation laws have been implemented Expenditures or use of public funds and properties

Submit other reports as required by law

Performance Audit

o Consists of the analytical and critical review,

assessment, and evaluation of activities, management

and fiscal operations of the Government o To reduce costs and losses and promote greater

economy and administrative efficiency in public

expenditures

o Modern concept of audit which is beyond mere examination of receipts and expenditures




Documents

Consti Finals