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Political Law (Constitutional Law) Article XVIIIARTICLE XVIII TRANSITORY PROVISIONS

Effectivity of the 1987 Constitution

The 1987 Constitution took effect immediately upon its ratification. According to the SC, this took place on February 2, 1987, which was the day the people cast

their votes ratifying the Constitution.Military bases agreements

1) Renewals of military bases agreements must be through a strict treaty.

2) Ratification of the agreement in a plebiscite is necessary only when Congress so requires.

3) Section 25 of Article XVIII allows possible local deployment of only AMERICAN forces.

Reference:

Political Law (Constitutional Law) Reviewer & Memory Aid

Ateneo Central Bar Operations 2001

Louie, Carrie, Evelyn, Thel, Gem, Ronald

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Political Law (Constitutional Law) Article XVII

DEC 20

Posted byMagz

ARTICLE XVII- AMENDMENTS OR REVISIONS

Definitions:

1) Amendment: an alteration of one or a few specific provisions of the Constitution. Its main

purpose is to improve specific provisions of the Constitution. The changes brought about by

amendments will not affect the other provisions of the Constitution.

2) Revision: An examination of the entire Constitution to determine how and to what extent it

should be altered. A revision implies substantive change, affecting the Constitution as a whole.Constituent power v. Legislative power

1) Constituent poweris the power to formulate a Constitution or to propose amendments to

or revisions of the Constitution and to ratify such proposal. Legislative poweris the power to pass,

repeal or amend or ordinary laws or statutes (as opposed to organic law).

2) Constituent poweris exercised by Congress (by special constitutional conferment), by a

Constitutional Convention or Commission, by the people through initiative and referendum, and
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ultimately by sovereign electorate, whereas legislative poweris an ordinary power of Congress

and of the people, also through initiative and referendum.

3) The exercise ofconstituent powerdoes not need the approval of the Chief Executive,

whereas the exercise oflegislative powerordinarily needs the approval of the Chief Executive,

except when done by people through initiative and referendum.

Three (3) steps necessary to give effect to amendments and revisions:

1) Proposal of amendments or revisions by the proper constituent assembly;

2) Submission of the proposed amendments or revisions; and

3) Ratification

Proposal of amendments:

Amendments may be proposed by:

A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members. The power of Congress to propose amendments is NOT part of its ordinary legislative power. The only reason Congress can exercise such power is that the Constitution has granted it such

power.

B. Constitutional Convention:

1) How a Constitutional Convention may be called

a). Congress may call a ConCon by a 2/3 vote of all its members; or

b). By a majority vote of all its members, Congress may submit to the electorate the question of

whether to call a ConCon or not.

2) Choice of which constituent assembly (either Congress or ConCon) should initiate amendments

and revisions is left to the discretion of Congress. In other words, it is a political question.

3) BUT: The manner of calling a ConCon is subject to judicial review, because the Constitution

has provided for vote requirements.

4) If Congress, acting as a constituent assembly, calls for a ConCon but does not provide the

details for the calling of such ConCon, Congress exercising its ordinary legislative power may

supply such details. But in so doing, Congress (as legislature) should not transgress the resolutionof Congress acting as a constituent assemble.

5) Congress, as a constituent assembly and the ConCon have no power to appropriate money for

their expenses. Money may be spent from the treasury only to pursuant to an appropriation made

by law.

C. Peoples Initiative


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1) Petition to propose such amendments must be signed be at least 12% of ALL registered voters.

2) Every legislative district represented by at least 3% of the registered voters therein.

3) Limitation:

It cannot be exercised oftener than once every 5 years.

Note:

1) While the substance of the proposals made by each type of constituent assembly is not

subject to judicial review, the manner the proposals are made is subject to judicial review.

2) Since these constituent assemblies owe their existence to the Constitution, the courts may

determine whether the assembly has acted in accordance with the Constitution.

3) Examples of justiciable issues:

a) Whether a proposal was approved by the required number of votes in Congress (acting as a

constituent assembly).

b) Whether the approved proposals were properly submitted to the people for ratification.

Proposal of Revisions

1) By Congress, upon a vote of 3/4 of its members

2) By a constitutional convention

Ratification

1) Amendments and revisions proposed by Congress and/or by a ConCon:

a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.

b) Plebiscite is held not earlier than 60 days nor later than 90 days from the approval of such

amendments or revisions.

2) Amendments proposed by the people via initiative:

a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.

b) Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by

COMELEC of the petitions sufficiency

3) Requisites of a valid ratification:


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a) Held in a plebiscite conducted under the election law;

b) Supervised by the COMELEC; and

c) Where only franchised voters (registered) voters take part.

4) Issues regarding ratification:

a) The Constitution does not require that amendments and revisions be submitted to the

people in a special election. Thus, they may be submitted for ratification simultaneously with a

general election.

b) The determination of the conditions under which proposed amendments/revisions are

submitted to the people falls within the legislative sphere. That Congress could have done better

does not make the steps taken unconstitutional.

c) All the proposed amendments/revisions made by the constituent assemblies must be

submitted for ratification in one single plebiscite. There cannot be a piece-meal ratification of

amendments/revisions.

d) Presidential proclamation is NOT required for effectivity of amendments/revisions, UNLESS

the proposed amendments/revisions so provide.

Reference:





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Political Law (Constitutional Law) Article XVI

DEC 20

Posted byMagz

ARTICLE XVI GENERAL PROVISIONS

Sections 1-2. Symbols of Nationality

1) Flag
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Red, white, and blue. With a sun and 3 stars The design may be changed by constitutional amendment.

2) Congress may, by law, adopt a new:

(a) Name for the country,

(b) National anthem, or

(c) National seal.

Note: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM.

Section 3. State Immunity

Suability of State

1) The State cannot be sued without its consent.

2) When considered a suit against the State

a). The Republic is sued by name;

b). Suits against an un-incorporated government agency;

c). Suit is against a government official, but is such that ultimate liability shall devolve on the

government

i. When a public officer acts in bad faith, or beyond the scope of his authority, he can be held

personally liable for damages.

ii. BUT: If he acted pursuant to his official duties, without malice, negligence, or bad faith, they

are not personally liable, and the suit is really one against the State.

3) This rule applies not only in favor of the Philippines but also in favor of foreign states.

4) The rule likewise prohibits a person from filing for interpleader, with the State as one of the

defendants being compelled to interplead.

Consent to be sued

A. Express consent:

1). The law expressly grants the authority to sue the State or any of its agencies.

2). Examples:


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a). A law creating a government body expressly providing that such body may sue or be sued.

b). Art. 2180 of the Civil Code, which creates liability against the State when it acts through a

special agent.

B. Implied consent:

1). The State enters into a private contract.

a). The contract must be entered into by the proper officer and within the scope of his authority.

b). UNLESS: The contract is merely incidental to the performance of a governmental function.

2). The State enters into an operation that is essentially a business operation.

a). UNLESS: The operation is incidental to the performance of a governmental function (e.g.

arrastre services)

b). Thus, when the State conducts business operations through a GOCC, the latter can generally

be sued, even if its charter contains no express sue or be sued clause.

3). Suit against an incorporated government agency.

a) This is because they generally conduct propriety business operations and have charters which

grant them a separate juridical personality.

4). The State files suit against a private party.

UNLESS: The suit is entered into only to resist a claim.

Garnishment of government funds:

1) GENERAL RULE: NO. Whether the money is deposited by way of general or special deposit,

they remain government funds and are not subject to garnishment.

2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount to pay a

valid government obligation, then the money can be garnished.

Consent to be sued is not equivalent to consent to liability:

1) The Fact that the State consented to being sued does not mean that the State will ultimately

be held liable.


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2) Even if the case is decided against the State, an award cannot be satisfied by writs of execution

or garnishment against public funds. Reason: No money shall be paid out of the public treasury

unless pursuant to an appropriation made by law.

Section 4. THE ARMED FORCES OF THE PHILIPPINES

Composition:

A citizen armed force

Prohibitions and disqualifications:

1) Military men cannot engage, directly or indirectly, in any partisan political activity, except to

vote.

2) Members of the AFP in active service cannot be appointed to a civilian position in the

government, including GOCCs or their subsidiaries.

The Chief of Staff:

1) Tour of duty: Not exceed to three years

2) EXCEPTION: In times of war or other national emergency as declared by Congress, the

President may extend such tour of duty.

Reference:

Political Law (Constitutional Law) Reviewer & Memory AidAteneo Central Bar Operations 2001



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Political Law (Constitutional Law) Article XIV

DEC 20

Posted byMagz

ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY,

ARTS, CULTURE, AND SPORTS
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Education

Goals of the State:

The State shall promote and protect:

1) The right to quality education at all levels;

2) The right to affordable and accessible education; and

3) Education that is relevant to the needs of people and society.

Right to Education and Academic Freedom

The right to education must be read in conjunction with the academic freedom of schools to

require fair, reasonable, and equitable admission requirements.

Power to Dismiss Students

1) Schools have the power to dismiss students, after due process, for disciplinary reasons.

2) Acts committed outside the school may also be a ground for disciplinary action if:

a) It involves violations of school policies connected to school-sponsored activities; or

b) The misconduct affects the students status, or the good name or reputation of the school.

Regulation of Right to Education

The right to education in particular fields may be regulated by the State in the exercise of itspolice power, e.g. the State may limit the right to enter medical school by requiring the

applicants to take the NMAT.

Free Education

1) The State shall maintain a system of free education in:

a) Elementary level, and

b) High school level.

2) Elementary education is compulsory for all children of school age. However, this is a moral

rather than a legal compulsion.

Educational Institutions

I. Filipinization

A. Ownership:


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1). Filipino citizens, or

2). Corporations incorporated in RP and 60% Filipino-owned.

EXCEPT: Schools established by religious groups and mission boards.

3). Congress may increase Filipino equity requirements in ALL educational institutions.

B. Control and Administration:

1). Must be vested in Filipino citizens

2). Refers to line positions, such as President, Dean, Principal, and Trustees

3). Faculty members may be foreigners.

C. Student Population:

1). GENERAL RULE: Cannot establish school exclusively for aliens. Aliens can only comprise up to

1/3 of total enrollment.

2). EXCEPTIONS: Schools established for foreign diplomatic personnel and their dependents, and

unless otherwise provided for by law for other foreign temporary residents.

II. Tax Exemptions

A. Non-stock, non-profit educational institutions:

1) All revenues and assets actually, directly and exclusively used for educational purposes are

exempt from taxes and duties.

2) This is self-executory

B. Proprietary educational institutions, including cooperatives:

1) Entitled to exemptions as may be provided by law, including restrictions on dividends and re-

investment

2) Requires an enabling statute

3) Grants, endowments, donations and contributions actually, directly and exclusively used for

educational purposes are exempt from taxes, subject to conditions prescribed by law.

III. Academic Freedom

A. Educational Institutions


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Schools have the freedom to determine:

1) Who may teach,

2) What may be taught,

3) How it shall be taught, and

4) Who may be admitted to study.

B. Faculty members

1) Full freedom in research and in the publication of the results, subject to the adequate

performance of their other academic duties.

2) Freedom in the classroom in discussing their subjects, but they should be careful not to

introduce into their teaching controversial matter which has no relation to their subjects.

3) When faculty members speak or write in their capacity as citizens, then they are free from

institutional censorship or discipline.

C. Students

They have the right to enjoy in school the guarantees of the Bill of Rights.

D. Limitations

1) Dominant police power of the State

2) Social interest of the community

E. Budgetary Priority:

1). Education must be assigned the highest budgetary priority.

2). BUT: This command is not absolute. Congress is free to determine what should be given

budgetary priority in order to enable it to respond to the imperatives of national interest and for

the attainment of other state policies or objectives.

Religious Education in Public Schools:

Religion may be taught in public schools subject to the following requisites:

1) Express written option by parents and guardians;


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2) Taught within regular class hours;

3) Instructors are designated and approved by the proper religious authorities; and

4) WITHOUT ADDITIONAL COST TO THE GOVERNMENT.

Section 6. Language

1) National language: Filipino

2) Official Languages: Filipino, and unless otherwise provided by law, English.

3) Regional languages are auxiliary to the official languages.

4 (Spanish and Arabic are promoted only on an optional and voluntary basis.

Reference:





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Political Law (Constitutional Law) Article XIII

DEC 20

Posted byMagz

ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS

Social Justice

1) Social justice in the Constitution is principally the embodiment of the principle that those who

have less in life should have more in law.

2) The 1987 Constitution advances beyond what was in previous Constitutions in that it seeks not

only economic social justice but also political social justice.

Principal activities in order to achieve social justice

1) Creation of more economic opportunities and more wealth; and
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2) Closer regulation of the acquisition, ownership, use and disposition of property in order to

achieve a more equitable distribution of wealth and political power.

Labor

Section 3 of Article XIII elaborates on the provision in Article II by specifying who are protectedby the Constitution, what rights are guaranteed, and what positive measures the state should

take in order to enhance the welfare of labor.

Right to organize and to hold peaceful concerted activities The right to organize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC sectors. The workers have a right to hold peaceful concerted activities except the right to strike,

which is subject to limitation by law.

Right to participate in the decision making process of employers

The workers have the right to participate on matters affecting their rights and benefits, as may

be provided by law. This participation can be through

1) collective bargaining agreements,

2) grievance machineries,

3) voluntary modes of settling disputes, and

4) conciliation proceedings mediated by government.

Agrarian Reform

Goals:

Agrarian reform must aim at

1) efficient production,

2) a more equitable distribution of land which recognizes the right of farmers and regular

farmworkers who are landless to own the land they till, and

3) a just share of other or seasonal farmworkers in the fruits of the land.

CARL as an exercise of police power and power of eminent domain

To the extent that the law prescribes retention limits for landowners, there is an exercise ofpolice power. But where it becomes necessary to deprive owners of their land in excess of the

maximum allowed there is compensable taking and therefore the exercise of eminent domain.


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Reach of agrarian reform

It extends not only to private agricultural lands, but also to other natural resources, evenincluding the use and enjoyment of communal marine and fishing resources and offshore

fishing grounds.

The Commission on Human RightsComposition:

1) Chairman; and

2) 4 members

Qualifications:

1) Natural-born citizens of the Philippines;

2) Majority of the Commission must be members of the Philippine Bar;

3) Term of office, other qualifications and disabilities shall be provided by law;

4) The appointment of the CHR members is NOT subject to CA confirmation; and

5) The CHR is not of the same level as the COMELEC, CSC, or COA.

Powers:

1) Investigate all forms of human rights violations involving civil or political rights

A. Violations may be committed by public officers or by civilians or rebels.

B. CHR cannot investigate violations of social rights.

C. CHR has NO adjudicatory powers over cases involving human rights violations.

D. They cannot investigate cases where no rights are violated.

E. Example: There is no right to occupy government land, i.e. squat thereon. Therefore, eviction

therefrom is NOT a human rights violation.

2) Adopt operational guidelines and rules of procedure.

3) Cite for contempt for violations of its rules, in accordance with the Rules of Court.


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4) Provide appropriate legal measures for the protection of the human rights of all persons, within

the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal

aid services to the underprivileged whose human rights have been violated or need protection.

A. CHR can initiate court proceedings on behalf of victims of human rights violations.

B. They can recommend the prosecution of human rights violators, but it cannot itself prosecute

these cases.

C. BUT: The CHR cannot issue restraining orders or injunctions against alleged human rights

violators. These must be obtained from the regular courts.

5) Exercise visitorial powers over jails, prisons and other detention facilities.

6) Establish continuing programs for research, education and information in order to enhance

respect for the primacy of human rights.

7) Recommend to Congress effective measures to promote human rights and to provide

compensation to victims of human rights violations or their families.

8) Monitor compliance by the government with international treaty obligations on human rights.

9) Grant immunity from prosecution to any person whose testimony or whose possession of

documents or other evidence is necessary or convenient to determine the truth in any CHR

investigation.

10) Request assistance from any department, bureau, office, or agency in the performance of itsfunctions.

11) Appoint its officers and employers in accordance with law.

12) Perform such other functions and duties as may be provided for by law

Reference:



Louie, Carrie, Evelyn, Thel, Gem, RonaldPosted inConstitutional Law,Political Law

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Tags:Political Law (Constitutional Law) - Article XIII

Political Law (Constitutional Law) Article XII

DEC 20
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ARTICLE XII NATIONAL ECONOMY AND PATRIMONY

Sec. 1. GOALS OF THE NATIONAL ECONOMY

Three-fold goal:

1. More equitable distribution of opportunities, income and wealth;

2. Sustained increase in the amount of goods and services produced by the nation for the benefit

of the people; and

3. Expanding productivity, as the key to raising the quality of life for all.

The State shall promote industrialization and full employment

1. It should be based on sound agricultural development and agrarian reform

2. It should be through industries that make full and efficient use of human and natural

resources. Industries should also be competitive in both domestic and foreign markets.

Protection of Filipino enterprises

The State shall protect Filipino enterprises against unfair foreign competition and trade practices.

Role of Private Enterprises

Private enterprises, including corporations, cooperatives, and similar collective organizations,

shall be encouraged to broaden the base of their ownership

Section 2. REGALIAN DOCTRINE

Distinction between Imperium and Dominium.

1. Imperium

Government authority possessed by the State which is appropriately embraced in sovereignty.

2. Dominium

1.

The capacity of the State to own and acquire property.2. It refers to lands held by the government in a proprietary character: can provide for the

exploitation and use of lands and other natural resources.

Scope:

The following are owned by the State:

1. Lands of the public domain:
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Waters

Minerals, coals, petroleum, and other mineral oils;

All sources of potential energy;

Fisheries;

Forests or timber;

Wildlife;

Flora and fauna; and

Other natural resources.

Alienation of Natural Resources

1. General Rule: All natural resources CANNOT be alienated

2. Exception: Agricultural lands

Exploration, Development and Utilization of Natural Resources

1. Shall be under the full control and supervision of the State

2. Means

A. The state may DIRECTLY UNDERTAKE such activities

B. The state may enter into CO-PRODUCTION, JOINT VENTURE OR PRODUCTION-SHARING

arrangements with

1. Filipino citizen or2. Corporation or association at least 60% of whose capital is owned by such citizens

3. Limitations:

A. Period: It should not exceed 25 years, renewable for not more than 25 years

B. Under terms and conditions as may be provided by law.

4. In case of water rights/water supply/fisheries/industrial uses other than the development of

water power

The beneficial use may be the measure and limit of the grant.


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Small-scale Utilization of Natural Resources

1. Congress may, by law, authorize small-scale utilization of natural resources by Filipino citizens

2. Congress may also authorize cooperative fish farming with priority given to subsistence

fishermen and fishworkers in the rivers, lakes, bays and lagoons.

Large-Scale Exploration, Development and Utilization of Minerals/Petroleum/Other Mineral Oils

1. The President may enter into agreements with foreign owned corporations involving technical

or financial assistance for large-scale exploration etc. of minerals, petroleum, and other mineral

oils. These agreements should be in accordance with the general terms and conditions provided

by law.

2. They should be based on the real contributions to economic growth and general welfare of the

country.

3. In the agreements, the State should promote the development and use of local scientific and

technical resources.

4. The President should notify Congress of every contract under this provision within 30 days from

its execution.

5. Management and service contracts are not allowed under this rule.

Protection of Marine Wealth

1. The State shall protect its marine wealth in its

Archipelagic waters

Territorial sea &

EEZ

2. The State shall reserve its use and enjoyment exclusively to Filipino citizens.

Section 3. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO

1. Agricultural

2. Forest/timber

3. Mineral lands &


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4. National Parks

Note:

1. Classification of public lands is an exclusive prerogative of the Executive Department through

the Office of the President, upon recommendation by the DENR.

2. Classification is descriptive of the legal nature of the land and NOT what it looks like. Thus,

the fact that forest land is denuded does not mean it is no longer forest land.

Alienable lands of public domain

1. Only agricultural lands are alienable.

2. Agricultural lands may be further classified by law according to the uses to which they may be

devoted.

Limitations regarding Alienable Lands of the Public Domain

1. For private corporations or associations

A. They can only hold alienable lands of the public domain BY LEASE

B. Period: Cannot exceed 25 years, renewable for not more than 25 years

C. Area: Lease cannot exceed 1,000 hectares

Note: A corporation sole is treated like other private corporations for the purpose of acquiring

public lands.

2. For Filipino citizens

A. Can lease up to 500 hectares

B. Can ACQUIRE not more than 12 hectares by purchase, homestead or grant.

Taking into account the requirements of conservation, ecology and development, and subject to

the requirements of agrarian reform, Congress shall determine by law the size of the lands of the

public domain which may be acquired, developed, held or lease and the conditions therefore.

Means by Which Lands of the Public Domain Become Private Land

1. Acquired from government by purchase or grant;

2. Uninterrupted possession by the occupant and his predecessors-in-interest since time

immemorial; and


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3. Open, exclusive, and undisputed possession of ALIENABLE (agricultural) public land for a period

of 30 years.

A. Upon completion of the requisite period, the land becomes private property ipso jure without

need of any judicial or other sanction.

B. Here, in possession since time immemorial, presumption is that the land was never part of

public domain.

C. In computing 30 years, start from when land was converted to alienable land, not when it was

still forest land

D. Presumption is that land belongs to the State.

Section 4. Congress shall, as soon as possible, determine by law, the specific limits of forest

lands and national parks, marking clearly their boundaries on the ground. Thereafter, such

forest lands and national parks shall be conserved and may not be increased or diminished,

EXCEPT by law. Congress shall provide measures to prohibit logging in

1. a. Endangered forest and2. b. Watershed areas for such period as it may determine.

Section 5. ANCESTRAL LANDS

Protection of Indigenous Cultural Communities

1. The State protects the rights of indigenous cultural communities to their ancestral lands

A. Subject to Constitutional provisions

B. Subject to national development policies and programs

2. In determining ownership and extent of ancestral domain, Congress may use customary laws on

property rights and relations.

3. ANCESTRAL DOMAIN

A. It refers to lands which are considered as pertaining to a cultural region

B. This includes lands not yet occupied, such as deep forests.

Section 7. PRIVATE LANDS

General rule

1. Private lands CAN only be transferred or conveyed to:


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A. Filipino citizens

B. Corporations or associations incorporated in the Philippines, at least 60% of whose capital is

owned by Filipino citizens

2. Exceptions

A. In intestate succession, where an alien heir of a Filipino is the transferee of private land.

B. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a

transferee of PRIVATE ALND, subject to limitation provided by law. Hence, land can be used only

for residential purposes. In this case, he only acquires derivative title.

C. Foreign states may acquire land but only for embassy and staff residence purposes.

3. Filipino citizenship is only required at the time the land is acquired. Thus, loss of citizenship

after acquiring the land does not deprive ownership.

4. Restriction against aliens only applies to acquisition of ownership. Therefore:

A. Aliens may be lessees or usufructuaries of private lands

B. Aliens may be mortgages of land, as long as they do not obtain possession thereof and do not

bid in the foreclosure sale.

5. Land tenure is not indispensable to the free exercise of religious profession and worship. A

religious corporation controlled by non-Filipinos cannot acquire and own land, even for religiouspurposes.

Remedies to recover private lands from disqualified aliens:

1. Escheat proceedings

2. Action for reversion under the Public Land Act

3. An action by the former Filipino owner to recover the land

A. The former pari delicto principle has been abandoned

B. Alien still has the title (didnt pass it on to one who is qualified)

Section 10. NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS

Power of Congress


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1. Congress, upon the recommendation of NEDA, can reserve to Filipino citizens or to

corporations or associations at least 60% of whose capital is owned by such citizens, or such higher

percentage as Congress may prescribe, certain areas of investment. This may be done when the

national interest dictates.

2. Congress shall also enact measures to encourage the formation and operation of enterprises

whose capital is wholly owned by Filipinos.

National Economy and Patrimony

In the grant of rights, privileges and concessions covering the national economy and patrimony,

the State shall give preference to QUALIFIED Filipinos.

Section 11. FRANCHISES FOR PUBLIC UTILITIES

Power to grant:

1. Congress may directly grant a legislative franchise; or

2. Power to grant franchises may be delegated to appropriate regulatory agencies and/or LGUs

Public utility

1. In order to be considered as a public utility, and thus subject to this provision, the undertaking

must involve dealing directly with the public.

2. Thus, a Build-Operate-Transfer grantee is NOT a public utility. The BOT grantee merely

constructs the utility, and it leases the same to the government. It is the government which

operates the public utility (operation separate from ownership).

To whom granted:

1. Filipino citizens or

2. Corporations or associations incorporated in the Philippines and at least 60% of the capital is

owned by Filipino citizens.

Terms and conditions:

1. Duration: Not more than 50 years

2. Franchise is NOT exclusive in character

3. Franchise is granted under the condition that it is subject to amendment, alteration, or repeal

by Congress when the common good so requires.


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Participation of Foreign Investors

1. The participation of foreign investors in the governing body of any public utility enterprise shall

be limited to their proportionate share in its capital.

2. Foreigners cannot be appointed as the executive and managing officers because these positions

are reserved for Filipino citizens.

Section 16. FORMATION/ORGANIZATION/REGULATION OF CORPORATIONS

1. Private corporations

Congress can only provide for the formation, etc of private corporations through a general law.

2. GOCCs

They may be created by:

a. Special charters in the interest of the common good and subject to the test of economic

viability.

b. By incorporation under the general corporation law.

Sections 18-19. SPECIAL ECONOMIC POWERS OF THE GOVERNMENT

1. Temporary takeover or direction of operations:

A. Conditions

i. National emergency and

ii. When the public interest requires

B. May be used against privately owned public utilities or businesses affected with public interest.

C. Duration of the takeover: period of emergency

D. Takeover is subject to reasonable terms and conditions

E. No need for just compensation because it is only temporary.

2. Nationalization of vital industries:

A. Exercised in the interest of national welfare or defense

B. Involves either:


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i. Establishment and operation of vital industries; or

ii. Transfer to public ownership, upon payment of just compensation, public utilities and other

private enterprises to be operated by the government.

Section 19. MONOPOLIES

1. The Constitution does NOT prohibit the existence of monopolies.

2. The State may either regulate or prohibit monopolies, when public interest so requires.

3. Combinations in restraint of trade or unfair competition are prohibited.

Filipino citizenship or equity requirements:

ACTIVITY REQUIREMENTS CITIZENSHIP AND/OR EQUITY

Exploitation of natural resources 1. Filipino citizens; or

2. Corporations incorporated in RP, with 60% Filipino ownership

Operation of Public Utilities 1. Filipino citizens; or


Acquisition of alienable lands of the public domain

1. Filipino citizens;

2. Corporations incorporated in RP, with 60% Filipino ownership;

3. Former natural-born citizens of RP, as transferees, with certain legal restrictions; and

4. Alien heirs as transferees in case of intestate succession.

Practice of ALL Professions Filipino citizens only (natural persons)

*Congress may, by law, otherwise prescribe


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Mass Media 1. Filipino citizens; or

2. Corporations incorporated in RP, and 100% Filipino owned

Advertising 1. Filipino citizens; or

2. Corporations incorporated in RP, and 70% Filipino owned.

Educational institution 1. Filipino citizens; or


EXCEPT: Schools established by religious groups and mission boards.

*Congress may, by law, increase Filipino equity requirements for ALL educational institutions.

Other economic activities Congress may, by law, reserve to Filipino citizens

or to corporations 60% Filipino owned (or even higher) certain investment areas.

Reference:





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Tags:Political Law (Constitutional Law) - Article XII

Political Law (Constitutional Law) Article XIDEC 20

Posted byMagz

ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS

Section 1: PUBLIC OFFICE AS A PUBLIC TRUST
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Public officers and employees must at all times be accountable to the people, serve them with

utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice and

lead modest lives.

Section 2: IMPEACHMENT/REMOVAL FROM OFFICE

Impeachment: (as means of removal from office)

1. Who may be impeached:

- President

- VP

- SC Justices

- Constitutional Commission members

- Ombudsman

2. Grounds

- Culpable violation of the Constitution

- treason

- bribery

- graft and corruption

- other high crimes or

- betrayal of public trust

Note: It is an exclusive list. Congress cannot, by law, add to the list of impeachable offenses.

1. These officers cannot be charged in court with offenses that have removal from office aspenalty.

2. The President cannot be charged with murder.3. A SC Justice cannot be disbarred because this would disqualify him from his position.4. BUT AFTER an official has been impeached, he can be charged with the appropriate offense.5. Resignation by an impeachable official does not place him beyond the reach of impeachment

proceedings; he can still be impeached

All Other Public Officers and Employees

1. They may be removed from office as provided by law

2. BUT: NOT by impeachment


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Section 3: PROCEDURE FOR IMPEACHMENT

Exclusive Power of House of Representatives

The House of Representatives has exclusive power to INITIATE all cases of impeachment.

Procedure:

1. Filling of verified complaint

1. Can be filed by:1. Any member of the House of Representatives or2. Any citizen upon a resolution of endorsement by any Member of the House or3. By at least 1/3 of all the Members of the House of Representatives

2.) Inclusion of complaint in the order of business with 10 session days

3.) Referral to proper Committee within 3 session days thereafter

4.) Submission of Committee report to the House together with corresponding resolution

1. There should be a hearing2. There should be a majority vote of the members3. The report should be submitted within 60 days from referral, after hearing, and by a majority

vote of ALL its members.

5.) Calendaring of resolution for consideration by the House

Should be done within 10 session days from receipt thereof

6.) Vote of at least 1/3 of all Members of the House necessary to:

1. Affirm a favorable resolution with the Articles of Impeachment of the Committee or2. To override its contrary resolution

Note: If the verified complaint or resolution of impeachment was filed by at least 1/3 of all the

Members of the House, it shall constitute the Articles of Impeachment. Trial in the Senate shall

proceed.

7.) Trial in the Senate

1. Senate has the sole power to try and decide all cases of impeachment2. For this purpose, the Senators shall be under oath or affirmation3. When the President of the Philippines is on trial, the CJ of the Supreme Court presides.

However, he/she will not vote.

8.) Judgment of Conviction


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This requires the concurrence of 2/3 of all the Members of the Senate

9.) Effect of the Impeachment

1. Removal from office of the official concerned2. Disqualification to hold any office under the Republic of the Philippines3. Officer still liable to prosecution, trial, and punishment if the impeachable offense committed

also constitutes a felony or crime.

Section 4: SANDIGANBAYAN

Sandiganbayan = the anti-graft court

Sections 5-6, 8-14: OFFICE OF THE OMBUDSMAN

Composition:

1.) Ombudsman/Tanodbayan

2.) Overall deputy

3.) At least one Deputy each for Luzon, Visayas and Mindanao

4.) Deputy for military establishment may be appointed

Qualifications: (Ombudsman and his deputies)

1.) Natural born citizen of the Philippines

2.) At least 40 years old at time of appointment

3.) Of recognized probity and independence

4.) Member of the Philippine bar

5.) Must not have been candidate for any elective office in the immediately preceding election

6.) For Ombudsman: He must have been for ten years or more

1. A judge or2. Engage in the practice of law in the Philippines

Disqualifications/Prohibitions (under Article IX, Section 2)

1.) Cannot hold any other office or employment during his tenure

2.) Cannot engage in the practice of any profession or in the active management or control of

any business which may be affected by the functions of his office


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3.) Cannot 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 GOCCs or their subsidiaries.

Appointment

1. Of Ombudsman and deputies

1. By the president from a list of at least 6 nominees prepared by the Judicial and Bar Council.Vacancies will be filled from a list of 3 nominees

2. Appointments do NOT require confirmation3. All vacancies shall be filled within 3 months after they occur.

2. Of other officials and employees of the Office of the Ombudsman

1. By the Ombudsman2. In accordance with Civil Service Law

Term: (Ombudsman and deputies)

1. 7 years with reappointment

2. They are NOT qualified to run for any office in the election immediately succeeding their

cessation from office

Rank/Salaries:

1. The Ombudsman has the rank of Chairman of a Constitutional Commission

2. The Members have the rank of members of a Constitutional Commission

3. Their salaries cannot be decreased during their term of office.

Powers, Functions and Duties of the Office of the Ombudsman

1. Investigate on its own, or on complaint by any person, any act or omission of any public

official, employee, office or agency, when such act or omission appears to be illegal, unjust,

improper, or inefficient.

1. The SC held that the power to investigate and prosecute cases involving public officers andemployees has been transferred to the Ombudsman.

2. The Ombudsman may always delegate his power to investigate.3. The power to investigate includes the power to impose preventive suspension.4. This preventive suspension is not a penalty.5. INVESTIGATE does not mean preliminary investigation.6. The complaint need not be drawn up in the usual form.7. The ILLEGAL act or omission need not be in connection with the duties of the public officer or

employee concerned.

8. ANY illegal act may be investigated by the Ombudsman. In this regard, the Ombudsmansjurisdiction is CONCURRENT with that of the regular prosecutors.


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2. Direct, upon complaint or at its own instance, any public official or employee of the

government, or any subdivision, agency or instrumentality thereof, as well as of any government-

owned or controlled corporation with original charter, to perform and expedite any act of duty

required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of

duties.

1. The Ombudsman has PERSUASIVE POWER, and may require that proper legal steps are taken bythe officers concerned.

2. The public official or employee must be employed in:(I). The Government

(II). Any subdivision, agency, or instrumentality thereof; or

(III). GOCCs with original charters

1. The SC has held that the SP may prosecute before the Sandiganbayan judges accused of graftand corruption, even if they are under the Supreme Court.

3.) Direct the officer concerned to take the appropriate action against a public official or

employee at fault, and recommend his removal, suspension, demotion, fine, censure, or

prosecution, and ensure compliance therewith.

1. The Ombudsman does NOT himself prosecute cases against public officers or employees.2. Final say to prosecute still rests in the executive department.3. The Ombudsman or Tanodbayan may use mandamus to compel the fiscal to prosecute.

4.) Direct the officer concerned, in any appropriate case, and subject to such limitations as may

be provided by law to furnish it with copies of documents relating to contracts or transactions

entered into by his office involving the disbursement or use of public funds of properties, and

report any irregularity to COA for appropriate action.

5.) Request any government agency for assistance and information necessary in the discharge of

its responsibilities, and to examine, if necessary, pertinent records and documents.

6.) Public matters covered by its investigation when circumstances so warrant and with due

process.

7.) Determine the cause of inefficiency, red tape, mismanagement, fraud and corruption in the

government and make recommendations for their elimination and the observance of high

standards of ethics and efficiency

8.) Promulgate its rules of procedure and exercise such other powers or perform such functions or

duties as may be provided by law.


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Note: The Office of the Ombudsman also has the duty to act promptly on complaints filed in any

form or manner against public officials or employees of the government, or any subdivision,

agency or instrumentality including GOCCs and their subsidiaries. In appropriate cases, it should

notify the complainants of the action taken and the result thereof.

Fiscal Autonomy

The Office of the Ombudsman enjoys fiscal autonomy. Its approved annual appropriations should

be automatically and regularly released.

Section 7: OFFICE OF THE SPECIAL PROCECUTOR

1. Under the 1987 Constitution, the existing Tanodbayan became the Office of the Special

Prosecutor

2. Powers

1. It will continue to function and exercise its powers as now or hereafter may be provided by law2. Exception: Powers conferred on the Office of the Ombudsman

3. The Office of the Special Prosecutor is subordinate to and acts under the orders of the

Ombudsman

Note: According to Jack, the SC was wrong because the ConCom intended that the SP was to

prosecute anti-graft cases.

Section 15: RECOVERY OF ILL-GOTTEN WEALTH

Prescription, Laches, Estoppel

1.) The right of the State to recover properties unlawfully acquired by public officials and

employees from them or from their nominees or transferees shall NOT be barred by prescription,

laches or estoppel.

2.) Their right to prosecute criminally these officials and employees may prescribe.

Section 16: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS

Coverage:

This prohibition applies to:

1.) President

2.) Vice-President


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3.) Members of the Cabinet

4.) Members of Congress

5.) Members of Supreme Court

6.) Members of Constitutional Commissions

7.) Ombudsman

8.) Any firm or entity in which they have controlling interest

When prohibition applies:

Prohibition applies during their TENURE.

Scope of prohibition:

1.) The above mentioned officials cannot obtain, directly or indirectly for BUSINESS PURPOSES:

1. Loans2. Guarantees3. Other forms of financial accommodation

From:

1. Government owned or controlled banks; or2.

Government owned or controlled financial institutions.

2.) If the loan, etc, is NOT for business purpose, e.g. a housing loan, the prohibition does not

apply.

Section 17: Statements of assets, liabilities and net worth

When submitted:

Public officer and employee shall submit a declaration under oath of his assets, liabilities and net

worth upon assumption of office and as often as required under the law.

When declaration shall be disclosed to the public:

These declarations shall be disclosed to the public in a manner provided by law in the case of:

1.) President

2.) Vice-President


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DEC 20

Posted byMagz

ARTICLE X: LOCAL GOVERNMENT

Section 1. TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE PHILIPPINES ARE

THE:

Composition:

1) Provinces

2) Cities;

3) Municipalities; and

4) Barangays

There shall be Autonomous regions in:

1) Muslim Mindanao, and

2) Cordileras [At present, it is only the Cordilera ADMINISTRATIVE region]

Note: 1) A third autonomous regions would require a constiutional amendment.

2) These political subdivisions, created by the Constitution cannot be replaced by AMENDMENT,

and not by law.

3) While Congress can abolish or eradicate individual units, it cannot abolish an entire class of

LGUs

Section 2. Local Autonomy

1) All political subdivisions shall enjoy local autonomy

2) This does not mean that the LGUs are completely free from the central government.

1. Judiciary may still pass on LGU actions2. President may exercise disciplinary power over LGU officials.

Sec. 3. Congress shall enact a local government code which shall provide for a more

responsive and accountable local government structure instituted through a system of

decentralization with effective mechanisms of recall, initiative, and referendum, allocate

among the different local government units their powers, responsibilities, and resources, and

provide for the qualifications, election, appointment and removal, term, salaries, powers and
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functions and duties of local officials, and all other matters relating to the organization and

operation of the local units.

Section 4. PRESIDENTIAL SUPERVISION OF LGUS

Supervision of President

1) The President exercises general supervision over all LGUs

2) The President exercises DIRECT supervision over

1. Provinces2. Autonomous regions and3. Independent cities.

3) This power is limited to ensuring that lower officers exercise their functions in accordance

with law.

4) The president cannot substitute his judgment for that of an LGU official unless the latter is

acting contrary to law.

5) The President may, however, impose administrative sanctions against LGU officials, such as

suspension for 120 days, and may even remove them from their posts, in accordance with law.

6) Provinces exercise direct supervision over component cities and municipalities.

7) Cities and municipalities exercise direct supervision over component barangays.

Section 5. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE OWN SOURCES OF

REVENUE/LEVY TAXES, FEES AND CHARGES ETC.

Limitations on Power

1) It is subject to such guidelines and limitations as Congress may provide. See Local

Government Code for examples.

2) The guidelines set by Congress should be consistent with the basic policy of local autonomy.

Accrual of taxes, fees, charges

The taxes, fees and charges shall accrue exclusively to the local governments.

Section 6. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES, AS DETERMINEDBY LAW, WHICH SHALL BE AUTOMATICALLY RELEASED TO THEM


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Internal Revenue Allotment (IRA)

1) Share of LGUs in national taxes is limited to the internal revenue taxes.

2) The share of each LGU should be released, without need of any further action, directly to

the provincial, city, municipal or barangay treasurer. Release is made on a quarterly basis within5 days after the end of each quarter.

3) The share of each LGU should not be subject to any lien or holdback that may be imposed by

the national government for whatever purpose.

4) Each LGU should appropriate in its annual budget at least 20% of its annual IRA for

development projects.

5) Adjustments in IRA

1. Ground: Unmanageable public section deficit2. President can make the necessary adjustments in the IRA upon the recommendation of the

following:

1. Department of Finance Secretary2. DILG Secretary3. DBM Secretary

6) IRA considered for purposes of conversion from one political subdivision to the next.

(Alvarez v. Guingona)

Section 7. SHARE OF LGUS IN NATIONAL WEALTH

Share of LGUs in national wealth

1) LGUs are entitled to an equitable share in the proceeds of the utilization and development

of the national wealth within their respective areas in the manner provided by law.

2) This includes share the same with the inhabitants by way of direct benefits.

Under the LGC

1) LGUs have a share of 40% of the gross collection derived by the national government from

the preceding fiscal year from

1. Mining taxes2. Royalties3. Forestry and fishery charges4. Other taxes, fees and charges


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5. Share in any co-production, joint venture or production sharing agreement in the utilization anddevelopment of the national wealth w/in their territorial jurisdiction

Sec. 8. TERM OF OFFICE

Term of Office

Elective local officials, now including barangay officials have a term of 3 years.

Limitations:

1) No elective official shall serve for more than 3 consecutive terms

2) Voluntary renunciation of office for any length of time shall not be considered as an

interruption in the continuity of his service for the full term for which he was elected.

Sec. 9. SECTORAL REPRESENTATION IN LGUS

Legislative bodies of the local governments shall have Sectoral Representation (under the

LGC) as may be provided by law

There should be representatives from:

1) The womens sector

2) The workers

3) Third sector (can choose from any of the following)

A) Urban poor

B) Indigenous cultural communities

C) Disabled persons

D) Any other sector as may be determined by the sanggunian

Election of Sector Representatives

Sec. 10. Creation, abolition and division of LGUs

1) Requisites1. Compliance with the requirements of the Local Government Code; and2. Approved by a majority of the votes cast in a plebiscite held in the political units DIRECTLY

affected.

2) Thus, a province is supposed to be divided into 2 separate provinces, plebiscite will include

voters of the ENTIRE province, and not just the area to comprise the new province.


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3) LGC requirements relate to matters such as population, revenue, and area requirements.

Sec. 11. Metropolitan political subdivisions

Creation:

1) Congress may create special metropolitan political subdivisions by law.

2) It is subject to a plebiscite

Jurisdiction of Metropolitan authority

It is limited to basic services requiring coordination.

Basic Autonomy of Component Cities and Municipalities

1) The component cities and municipalities retain their basic autonomy

2) They shall be entitled to their own local executive and legislative assemblies.

Sec. 12. CITIES

Classification of Cities:

1) Highly urbanized (as determined by law)

2) Component cities (cities still under provincial control); and

3) Independent component cities (non-highly urbanized cities whose voters are prohibited bythecity charter from voting in provincial elections)

Independence from the Province

1) Highly urbanized cities and independent component cities are independent of the province.

2) Component cities whose charter contain no such prohibition are still under the control of

the province and its voters may still vote for elective provincial officials.

Section 13. Coordination among LGUS

Consolidation and Coordination of Efforts, Services and Resources

1) It is optional on the part of LGUs as shown by the use of the word may

2) It can be done for purposes commonly beneficial to them in accordance with the law.


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Under LGC (Section 33)

1) Consolidation and coordination may be done through appropriate ordinances.

2) A public hearing should be conducted and the approval of the sanggunian obtained.

3) An LGU can:

1. Contribute funds, real estate, equipment and other kinds of property2. Appoint/assign personnel under such terms and conditions as may be agreed upon by the

participating LGUs through Memoranda of Agreement.

Section 14. REGIONAL DEVELOPMENT COUNCILS

Who can provide for RDC

The President shall provide for RDC or other similar bodies composed of:

Composition

1) Local government officials

2) Regional heads of departments and other government offices

3) Representatives of NGOS within the regions

For Purpose of

1) Administrative decentralization

2) To strengthen local autonomy

3) To accelerate the economic and social growth and development of the units in the region

Section 15. AUTONOMOUS REGIONS

Where:

1) Muslim Mindanao

2) Cordillera region

Factors:

1) Historical heritage

2) Cultural heritage


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3) Economic and social structures,

4) Other relevant characteristics within:

1. The framework of the consititution2. National sovereignty3. Territorial integrity.

Creation:

1) Provided by law.

2) EFFECTIVITY of such creation occurs only when it is approved by a majority of the votes cast

in a plebiscite held among the constituent units.

3) Only those Provinces, Cities, and Geographical Areas voting favorably in such plebiscite shall

form part of the autonomous region.

4) If only 1 province approved the law, NO AUTONOMOUS REGION created, since the

constitution requires more than one province to constitute one (like what happened in the

Cordillera plebiscite)

5) The question of which LGUs shall constitute an autonomous region is one which is

exclusively for Congress to decide.

Section 16. GENERAL SUPERVISION OVER AUTONOMOUS REGIONS

By Whom:

The President

Purpose:

To ensure that the laws are faithfully executed.

Sec. 17. All powers, functions and responsibilities not granted by this Constitution or by law

to the autonomous region shall be vested in the National Government.

Examples: 1) Foreign relations,

2) National defense and Security

3) Monetary Affairs

Section 20. LEGISLATIVE POWERS

The Organic Act of Autonomous Region shall provide for legislative powers over:


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Tags:Political Law (Constitutional Law) - Article X

Political Law (Constitutional Law) Article IX

DEC 20

Posted byMagzARTICLE IX THE CONSTITUTIONAL COMMISSIONS

Section 1. Constitutional Commissions

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

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
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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

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 6. RULES OF PROCEDURE

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

Decision-Making:

1) Each commission shall decide matter or cases by a majority vote of all the members within 60

days from submission.


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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.

The SC has held that a majority decision decided by a division of the COMELEC is a validdecision.

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.THE CIVIL SERVICE COMMISSION

Section 1. COMPOSITION/QUALIFICATIONS/TERM

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


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3) Appointment to vacancy: only for unexpired term of predecessor

4) No temporary appointments, or appointments in acting capacity.

Section 2. Scope:

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 aspracticable 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.


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C. The TEST to determine whether non/competitive is the Nature of the responsibilities, NOT

the administrative or legislative description given to it.

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 onlyhe, 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

Sections 6-7. DISQUALIFICATIONDisqualifications

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

a). Cannot hold any other office or employment in the government, any subdivi

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