Chapter 10: Executive Department

Main purpose of the article: to prevent what happened with the era of Ferdinand Marcos
Executive power power to enforce and administer laws. This would make the Pres. The most influential
person in the nation.
Qualifications

Natural born citizen

o Citizen from birth without having to perform any act to perfect it.
Registered voter
Able to read and write
40 years old
o This was brought down from 50 years.
Resident of the Phil for at least 10 years

These should be possessed on the day of the election

Election and Proclamation
Both Pres and VP are elected by direct vote of the people for a 6 year term with no re-election
The Congress dos not have the power to inquire into or decide questions of alleged irregularities in the conduct
of the elections.
They will only choose the Pres if the result in the election is a tie. If after this, the result is uncertain,
the Supreme Court will be the sole judge.
Term
Once again the term is six years with no re-election. In the current Constitution, the framers saw it fit to limit
the term to only one.
Vice President
Like the President, he may only be removed by impeachment and is in the office for six years along with the
same qualifications.
He is eligible for the position of member of the Cabinet and when appointed, does not need confirmation by
the Commission on Appointments.
Presidential Succession
If the President-elect does not qualify, shall have not been chosen, the Vice president-elect will act as President
until the President elect qualifies or a new one is chosen.
If the President is unable to finish his term either through death, disability, removal or resignation, the VP will
become the Pres.
Oath of Office

Taking of the oath of office by the President-elect marks his formal assumption of his duties.
The oath is not a source of substantive power but it is intended to deepen the sense of responsibility
of the President.
Perquisites and inhibitions
Perquisites are: have an official residence, salary determined by law and cannot be decreased, no increase in
salary will take effect in the same term, and they cannot receive emoluments.
Emoluments compensation received for services rendered or from possession of an office.
Profit arising from office or employment; that which is received as compensation for services.
President cannot accept other employment elsewhere, whether in the government or in the private sector.
The Vice President may be appointed to the Cabinet.
Inhibitions are: they shall not:

hold any other office or employment during their tenure,

directly or indirectly practice any other profession,
participate in any business or be financially interested in any contract granted by the Government
Have conflict of interest in the conduct of their office.
Appoint spouse or relative by consanguinity or affinity within the 4th civil degree to the position of
member of Constitutional Commission, Office of Ombudsman, Secretaries, Undersecretaries, heads of
offices.

The inhibitions are in line with the principle that a public office is a public trust.
The Court ruled that they may hold other offices in an ex-officio capacity provided it helps in their primary
functions of said office.
Executive Privilege
Executive Privilege power of the Government to withhold information from the public, the courts and the
Congress or the public. It includes the Presidents conversation and correspondences. It also covers military,
diplomatic and other national security matters which should not be divulged.
Informers privilege privilege of the Government not to disclose the identity of a person or persons who
furnish the information on violations of law to officers charged with the enforcement of that law.
Privilege accorded to presidential communications exchange of ideas and assessments free from the glare of
publicity and pressure by interested parties in order to protect the decision making of the Government.
Deliberative process privilege covers documents reflecting advisory opinions, recommendations and
deliberations comprising part of a process by which governmental decisions and policies are formulated
Diplomatic negotiations privilege exchange of ideas between negotiating parties by shielding such
negotiations from public view.

Presidential communications privilege applies to the decision making of the President. It is a qualified
privilege which may be overcome by a show of adequate need. It is not absolute so as to shield it from other
branches. Applies to all stages of a document.
Elements of it are:

The protected communication must relate to a quintessential and non-delegable

presidential power (power to enter into executive agreements)
Communication must be authored or solicited and received by a lose advisor of the
President

The Supreme Court ruled that it pertains to information types of a sensitive character.
It is not a personal privilege but it is for the Office of the President and not the president himself.
It exists to protect public interest.
A formal and proper claim of executive privilege requires a precise and certain reason for preserving their
confidentiality
Presidential immunity
There is a judicial inclination to expand the privilege especially when it impedes the search for truth or impars
the vindication of a right.
The immunity only covers civil damages done upon official acts
The President can be held liable for affront against the petitioners rights to life, liberty and security as long as
there is substantial evidence to show that he exhibited involvement in or can be imputed with knowledge of the
violations or ha failed to exercise necessary and reasonoable diligence in conducting the necessary
investigation required under the rules.
The president may not be sued in any civil or criminal case but he is still accountable to the people.
Chapter 11: Powers of the President
All executive authority is vested on the President.
He can either enforce laws, conduct foreign affairs, command the armed forces, administration of the
government.
The Court held that the Presidents powers of general supervision over local governments could be exercised
by him only as may be provided by law.
The Presidents power to reorganize offices outside the Office of the President but still within it is limited to
merely transferring functions or agencies from the Office of the President to Deparment or Agencies or vice
versa.
Certain powers have been acknowledged as pertaining to the President despite the absence of express
conferment upon him of the same (such as power to conduct peace negotiations with rebel groups)

The president does not have the authority to promulgate decrees.

President may issue the following: Executive Orders, Administrative Orders, Proclamations, Memorandum
Orders, Memorandum Circulars or General or Special Orders
Appointing Power
Appointment the selection by the authority vested with the power, of an individual who is to exercise the
functions of a given office. It is also the act of designation by the appointing office.
This power is mainly in the President but may be exercised by other branches as well.
Commission written evidence of an appointment.
Permanent appointments extended to persons possessing the requisite eligibility and are thus protected by
the constitutional provision on security of tenure.
Temporary appointments given to persons without such eligibility and is revocable at will and without the
necessity of just cause or a valid investigation.
Acting appointment meant to prevent a hiatus in the discharge of an official function.
Designation imposition of additional duties on a person already in the public service. There is no additional
salary when appointed.
Both appointment and designation need not be confirmed or approved by the Commission on Appointments.
President is not compelled to submit his acting appointments to the COA for confirmation.
The six categories who are subject to the appointing power of the President:
1.
2.
3.
4.
5.
6.

Heads of the executive departments

Ambassadors, other public ministers and consuls
Officers of the armed forces from the rank of colonel or naval captain
Those other officers whose appointments are vested in him by the Constitution
Al other officers of the governments whose appointments are not provided for by law
Those whom he may be authorized by law to appoint.

The president also appoints the Ombudsman

Appointments that need confirmation are:

Sectoral representative to the House of Representative

Chairmen and Members of the Constitutional Commission
Regular members of the Judicial and Bar Council
Members of the Supreme Court and judges of lower court (from a list of 3 nominees)

Steps in the appointing process:

1. Nomination (made by the president)
2. Confirmation (prerogative of the COA)

3. Issuance of the commission (done by President)

In ad interim appointments, the appointment come before the confirmation of the COA
Distinction between regular and ad interim appointments:

Regular appointments are:

o Made during legislative session
o Made after the nomination is confirmed by COA
o Once confirmed continues until the end of the term of the appointee
Ad interim appointments are:
o Made during recess
o Made before such confirmation
o Will cease to be valid if disapproved by the COA or upon the next adjournment of the
Congress.

Next adjournment termination of the next regular or special session of Congress

Ad interim appointment permanent appointment because it takes effect immediately and cannot be
withdrawn by the Presient once qualified. The period from the time it is made to the time it lapses is neither a
fixed nor expired term.
Presidents power of appointment may also be limited by Congress through its power to prescribe
qualifications for public office while the judiciary may annul an appointment made by the President if he lacks
qualifications or is not confirmed.
Power of appointment is a discretionary power.
Two special limitations on the appointing power:

President may revoke his appointment within 90 days from the appointees assumption of office.
Two months before the next presidential election, the President may not appointments except
temporary appointments to executive positions. Which would endanger public safety.

Reason for this is to prevent abuse of the appointing power for enlisting political support and midnight
appointments.
Official powers of the President

Removal power
o He may removes some of the officers he appointed.
o He cannot remove elected officers
o He may exercise it for cause as may be provided by law and following the prescribed
administrative procedure.
o Removal presupposes a forcible and permanent separation of the incumbent from office
before the expiration of his term
Control power
o He has control over all executive departments, bureaus and offices and he shall ensure that the
laws be faithfully executed.

Control power of an officer to alter or modify or nullify or set aside what a subordinate
officer had done in the performance of his duties and to substitute the judgement of the
former for that of the latter. It also includes the authority to order the doing of an act by a
subordinate or undo such act.
o Supervision overseeing or the authority to see that subordinate officers perform their
duties.
o President controls all members of his Cabinet since they are only his alter ego.
Acts of the members of the Cabinet are presumed to be acts of the President himself.
o Doctrine of qualified political agency department secretaries are alter egos of the President
and their acts are the president acts.
o Doctrine of exhaustion of administrative remedies aggrieved party must appeal first to the
higher administrative authority before seeking judicial relief.
o Control over the acts of the subordinates of the president and not on the people themselves.
o Take-Care Clause
Power to take care that laws be faithfully executed. (this include Constitution,
statutes, judicial decisions, administrative rules and regulations and municipal
ordinances as well as treaties
Inherent in it is the power to conduct investigations to aid him
o President must execute laws even if he questions it validity.
Military power
o The president is above the military as the civilians are over soldiers in our government
o The president must keep the military in check.
o Enables the president to:
Command all armed forces of the Philippines
Power of the sword
In times of war and emergency the President will make the military
decisions
He can also determine the degree of force requires for a crisis
He may convene in the court martials which is a court and acts as a criminal
court.
o He may approve or disapprove the entire or any part of the sentence
given by the court martial.
He can only order the military to enforce laws pertinent to its duty to
suppress lawless violence
He may exercise the calling-out power which is to call the police
He may conduct peace negotiations
Can be held responsible or accountable for extrajudicial killings and
enforced disappearances in the context of amapro proceedings on the basis
of the doctrine of command responsibility
Suspend the privilege of the writ of habeas corpus
Only in cases of invasion or rebellion when public safety requires it.
(requisites)
Writ of habeas corpus 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 casue of his caption and detention and to submit
and receive whatever the court awarding the writ shall consider in his behalf.

What is suspended is the privilege and not the writ itself.

The court may annul the suspension if the requisites are not present
Right to bail is not impaired.
Declare martial law
Martial law military arm does not supersede civil authority but is called
upon to aid it in the execution of its civil function
The citizens under this must not commit any act which will render difficult
the restoration of order and the enforcement of law.
Here, the relation of the State to its citizens is unchanged.
o Limitations on military power:
He may call out armed forces to prevent or suppress lawless violence or rebellion
There are grounds for the suspension of writ of habeas corpus (as enumerated)
Duration of each suspension or declaration shall not exceed 60 days
Within 48 hours after each suspension or declaration, the President shall personally
or in writing report his action to the Congress.
The Congress may by a majority vote revoke his action
Revocation may not be set aside by the President
Same manner, the Congress may extend his suspension or proclamation
Actions of president and Congress subject to review by the Supreme Court.
Martial law does not automatically suspend the writ of habeas corpus or operation of
the Constitution
Suspension of writ of habeas of corpus shall apply only to persons facing charges of
rebellion or offenses inherent in or directly connected with invasion
o This is first a political question (Congress) before a judicial one (Judiciary)
Pardoning Power
o President may grant pardon and amnesty
o Executive clemency is granted for the purposes of relieving the harshness of the law or
correcting mistakes in the administration of justice.
o Exercise of this power is discretionary and may not be controlled by legislature or reversed by
the courts save only when it contravenes the limitations
o Pardon act of grace which exempts the individual on whom it is bestowed from the
punishment which the law inflicts for the crime committed.
o Commutation reduction or mitigation of the penalty
o Reprieve postponement of a sentence to a date certain or a stay of execution
o Limitations:
Pardon cannot be granted in cases of impeachment
No pardon can be granted for the violation of any election law, rule or regulation
without favourable recommendation of the COMELEC
Pardon can be granted only after conviction by final judgment
Cannot be granted to a person convicted of legislative contempt or civil contempt
Pardon cannot absolve civil liability
o Kinds of pardon:
Absolute or conditional
Absolute pardon extended without strings attached and cannot be rejected.
Conditional pardon convict is required to comply with certain
requirements and may be rejected by the convict.

Violation of conditions is in the sound judgement of the President

and the courts will not interfere.
Plenary or partial
Plenary extinguishes all penalties imposed upon the offender including
accessory disabilities whereas a partial pardon does not.

Effects:
Restores the offenders liberty, civil and political rights.
o Distinctions:
From parole, the offenders liberty is restore
Parole a release of the convict from imprisonment but not a restoration of
his liberty. It is also executive
Probation judicial.
o Amnesty
Granted only with concurrence of Congress.
Looks backwards and obliterates the offense itself.
o Distinction between pardon and amnesty
Amnesty
Political offenses
Addressed to classes of persons
There may or may not be distinct acts or acceptance
Requires concurrence of Congress
Public act which courts take judicial notice
Obliterates the offense
Pardon
Infractions of the peace of the State
Individual
There must be distinct acts of acceptance
Private act of President
Relieves the offender of the consequences of the offense.
Borrowing Power
o President may contract or guarantee foreign loans on behalf of the country with concurrence
of Monetary Board and subject to such limitations provided by law.
Diplomatic Power
o Power to maintain diplomatic relations, enter into treaties, and transact the business of foreign
relations.
o Executive agreement treaty within the meaning of that word in international law and
constitutes enforceable domestic law. It does not require legislative concurrence.
o an executive agreement cannot amend a treaty
o treaty-making power is exclusive in the President and Congress may not interfere but only
concur.
Judiciary may declare them unconstitutional.
Budgetary Power
o The President shall submit to Congress within 30 days of opening of regular sessions the
basis of the general appropriations bill
Informing Power

o Discharged in the state of the nation address.

Other powers
o He can approve or veto bills
o Call Congress to a special session

Chapter 12: Judicial Department

Independence of the judiciary as stated in the Constitution
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

The Supreme Court is a constitutional body. It cannot be abolished nor changed by mere legislation
Members of the SC may only be removed by impeachment
SC may not be deprived of its minimum original and appellate jurisdiction stated in the Constitution
Appellate jurisdiction of SC may not be increased by law without advice and concurrence
Appointees to the judiciary are now nominated by Judicial and Bar Council and not subject not COA
SC now has administrative supervision over all lower courts and their personnel
SC has exclusive power to discipline judges of lower courts
Members of SC and all lower courts have security of tenure which cannot be undermined by
legislation
They shall not be designated to any agency performing quasi-judicial or administrative functions.
Salaries of judges may not be reduced during their continuance in office
Judiciary shall enjoy fiscal autonomy
SC alone may initiate rules of court
Only SC may order temporary detail of judges
SC can appoint all officials and employees of the judiciary

Judicial power
It shall be vested in the SC and lower courts as may be established by law
SC is the only constitutional court
Judicial power (1) duty of the courts of justice to settle actual controversies involving rights which are
legally demandable and enforceable and (2) 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 of government.
Number 1 is the traditional power while number 2 is the new and broadened power.
Judicial power also includes the power to alter modify or set aside their decisions before they become final and
unalterable.
Jurisdiction
Jurisdiction authority by which courts take cognizance of and decide cases, the legal right by which judges
exercise their authority. It is known as the jurisdiction over cases.
Appointments

A new process of appointment is prescribed intended to de-politicize our courts.

Members of SC and judges shall be appointed by the President from a list of at least 3 nominees prepared by
Judicial and Bar Council.
Why 3? In order to give the President enough leeway in the exercise of his appointment.
Qualifications
The qualification is that every member of the judiciary must be a person of proven competence, integrity,
probity and independence.
Specific qualification in the judiciary are:

Natural born citizen

At least 40 years of age
Has been a judge of a lower court or engaged in the practice of law for 15 years

The specific qualifications canot be reduced or increased by Congress through ordinary legislation,
Congress may add to the Constitutional qualifications for judges of lower courts.
Judicial and Bar Council
This is an innovation in the 1987 Constitution.
They will screen such appointments by the President.
Composed of:

Chief Justice as Chairman

Members would be:
o Secretary of justice
o Representative of Congress
o A representative of the Integrated Bar
o A professor of law
o A retired member of the SC
o Representative of the private sector.

Members shall be appointed by the President for a term of 4 years with consent of COA.
Clerk of the SC will be the Secretary of the Council and keep a record of its proceedings.
Regular members will receive emoluments as determined by Sc.
Principal function is to recommend appointees to the Judiciary.
Fiscal Autonomy
Fiscal autonomy guarantee of full flexibility to allocate and utilize their resources with the wisdom and
dispatch that their needs require. It recognizes the power and authority to levy, collect and assess fees.

Composition of the Supreme Court

Commonwealth Constitution had 11 members, but the 1973 Constitution and 1987 Constitution provided 15
members.
Any vacancy must be filled within 90 days of the occurrence.
There is 1 Chief Justice and 14 Associate Justices.
En Banc Cases
It would involve issues of the following:

Constitutionality of a treaty, international or executive agreements or law

Constitutionality, operation or application of presidential decrees, proclamations, orders instructions,
ordinances and other regulations.

Treaty international agreement concluded between states in written form and governed by international law,
whether embodied in a single instrument or in two or more related instruments and whatever its particular
designation.
International agreements may be in the form of treaties or executive agreements
Division Cases
Shall be decided upon he concurrence of a majority of members who actually took part in the deliberations on
the issue and case.
If the required number is not obtained, the case will be elevated to En Banc Cases.
Requisites of judicial inquiry
The requisites are the following:

There must be an actual case or controversy

o Conflict of legal rights, an assertion of opposite legal claims susceptible of judicial resolution.
o It must be definite and concrete, touching the legal relations of parties having adverse legal
interests.
o It must be real and substantial admitting of specific relief through a decree that is conclusive
in character.
o There must be a contrariety of legal rights that can be interpreted and enforced on the basis of
existing law and jurisprudence.
o Court will not decide moot and academic cases unless:
There is a grave violation of the Constitution
Exceptional character of the situation and paramount public interest is involved
Constitutional issue raised requires formulation of controlling principlies to guide the
bench, bar and public
The case is capable of repetition yet evading review.
The question of constitutionality must be raised by the proper party

Proper party one who has sustained or is in immediate danger of sustaining an injury as a
result of the act complained of
o Until it has been established, the complainant has no legal personality to raise the
constitutional question.
o Local government units can seek relief in order to protect or vindicate their own interests and
of other local government units.
o Ordinary citizens have a right to raise a case (locus standi) if they assert a public right.
The constitutional question must be raised at the earliest possible opportunity
o If it is not raised in the pleadings, it cannot be considered at the trial and if not considred at
trial, it is not considered on appeal.
o The exception to this rule is when:
In criminal case, the constitutional question can be raised at any time at discretion of
court
In civil case, can be raised at any stage if it is necessary to the determination of the
case itself
Every case except where there is estoppels.
The decision of the constitutional question must be necessary to the determination of the case itself
o Courts tend to veer away from declaring something unconstitutional
It may violate separation of powers
A law is both an act of Congress and of the President
o Because of this, there must be a concrete showing that it is unconstitutional.

Effects of a declaration of unconstitutionality

There are 2 views on the effects

Orthodox view
o An unconstitutional law is not a law, it confers no rights, it imposes no duties, it affords no
protection, it is as if no law has ever been passed
Modern view
o It does not appeal the statute but it refuses to recognize it and determines the rights of the
parties just as if such statute had no existence.
o It does not strike the law from the statute books

Partial unconstitutionality
Declaration of partial unconstitutionality is valid if 2 conditions concur

Legislature is willing to retain valid portions of the statute

o Known as the separability clause
Valid portions can stand as a separate statute

Powers of the Supreme Court

The Supreme Court has the following powers:

Original Jurisdiction

Exercise original jurisdiction over cases affecting ambassadors, other public ministers and
consuls and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
corpus.
Petitions for certiorari etc. are special civil actions
o Principle of hierarchy of courts recourse first be made to lower-ranked courts exercising
concurrent jurisdiction with a higher court.
Appellate jurisdiction
o Review, revise reverse, modify or affirm lower court decisions.
o They may also handle questions on the judgment of the lower courts.
o Lower courts may decide on constitutional questions but subject to review by the Supreme
Court.
Temporary assignment of judges
o They may make temporary assignments but it will not exceed 6 months.
Change of venue or place of trial
Rule-making power
o Provide rules for a speedy disposition of cases.
o The rules must also provide legal assistance to the underprivileged in line with social justice
policy.
o Limitations on the rules:
Must be uniform for all courts of the same grade
Rules must not diminish, increase or modify substantive rights.
o Rules of procedure may be modified at any time and become effective at once so long as the
change does not affect vested rights.
Appointment of Court Personnel
o Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law
Administrative Supervision of Courts
o Innovation in 1973 Constitution which has been retained
o The SC shall have administrative supervision over all courts and the personnel thereof.
o This power is exclusive
o It is only the Supreme Court that can oversee the judges and court personnels compliance
with all laws rules and regulations
o Includes the authority to discipline a lawyer as he occupies a quasi-judicial office.

Tenure of Judges
Members of SC and judges of lower courts shall hold office during good behaviour until 70 years old or
become incapacited to discharge the duties of their office.
SC may dismiss a judge by a vote of majority of those who took part therein.
Judges of lower courts includes justices of sandiganbayan.
Consultations of the Court
SC is required to reach a conclusion after an exchange of ideas and full deliberations among its members.
The primary purpose of a collegiate court is to provide for the most exhaustive deliberations before a
conclusion is reached.

Once agreement is reached, a ponente is assigned.

Members may write a separate concurring opinion 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 action.
Requirement for previous consultation is now required for Court of Appeals and other lower courts.
Decisions of the Court
It is important in due process that the parties to a litigation be informed of how it was decided, with an
explanation of the factual and legal reasons that led to the conclusions of the court.
The losing party is entitled to know why he lost so he may appeal to a higher court if permitted.
Decision judgment rendered after the presentation of proof or on the basis of a stipulation of facts.
The end of this rule is to inform the parties of the factual and legal considerations employed to support the
decision of the court.
Doctrine of stare decisis adhere to judicial precedents and not to unsettle things which are established.
Res judicata based upon the judgment.
Doctrine of finality of judgment or immutability of judgement once a judgment has become final and
executory, it may no longer be modified in any respect,
Two purposes: avoid delay in the administration of justice and to put an end to judicial controversies
Exceptions: correction of clerical errors, nunc pro tunc entries ( entry made now of something
which was actually previously done to have effect as of the former date) which cause no prejudice to any
party, void judgments and whenever circumstances transpire after th finality of the decision that render the
execution ujust and inequitable.
Salaries of judges
Their salaries are fixed by law and shall not be decreased.
Periods for decision
Supreme Court 24 months
Lower collegiate courts12 months
Other lower courts3 months
This period shall start from the filing of the last pleading, brief or memorandum required by the Rules of Court
or of the court itself.
Annual report

SC shall within 30 days from the opening of regular session of Congress, submit to the President and Congress
an annual report on the operations and activities of the judiciary.

Chapter 13: Constitutional Commissions

There are now 3 Constitutional Commissions ( Civil Service Commission, Commission on Elections,
Commission on Audit)
The following are guarantees prescribed in the new Constitution:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

These bodies cannot be abolished by statute

Each is independent
Each has certain powers which cannot be withdrawn or reduced by statute
Chairmen and members of each may not be removed from office except by impeachment
Chairmen and members of each have a term of 7 years
Terms of office of chairmen and members of each are staggered in such a way as to lessen the
opportunity for appointment of the majority of the body by the same President
Chairmen and members of all of these may not be reappointed or appointed in an acting capacity
Salaries are high
They enjoy fiscal autonomy
Each commission may promulgate its own procedural rules
Chairmen and members are subject to certain disqualifications and inhibitions calculated to strengthen
their integrity
They are allowed to appoint their own officials and employees in accordance with the Civil Service
Law

Salaries
Chairman- 240,000 annual salary
Members 180,000 annual salary
Disqualification
They cannot hold any other office or employment nor practice in other professions during their term
Staggering of terms
The original appointees had terms of 3,5 and 7 years so as to prevent one president from appointing more than
one member.
Requisites for the effective operation of the rotational scheme
1. The original members shall begin their terms on a common date
2. Any vacancy occurring before the expiration of the term shall be filed only for the balance of such
term.
Other perquisites

They enjoy fiscal autonomy

They may promulgate their own rules concerning pleadings in their office.

Chapter 14: Civil Service Commission

Composition and Qualification
Composed of:

A chairman
Two commissioners
o Both 7 years

Qualifications:

Natural born citizen

35 years old at time of appointment
Proven capcity for public administration
Must not have been a candidate for any elective position in the immediately preceding election

Scope of Civil Service

The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government,
including government owned or controlled corporations with original charters.
Positions in civil service:

Career
o Entrance based on merit and fitness
o Opportunity for higher career options
o Security of tenure
Non-career service
o Entrance based on things other than merit and fitness
o Tenure is limited

Appointments in civil service

Permanent
o Person who meets all requirements for position and is eligible in accordance with the
provisions of laws
Temporary
o Persons who meet all requirements but does not have appropriate civil service eligibility.
o Do not have a definite term
o Must surrender position at discretion of appointing power

Exceptions

Exempted from the requirements of competitive examinations are:

Policy-determining
o Laying down of principal or fundamental guidelines such as head of a department
Primarily confidential
o Primarily close intimacy which ensures freedom of intercourse without embarrassment or
freedom from misgivings or betrayals of personal trust on confidential matters of state.
Highly technical positions
o Possess technical skill or training in the superior degree.

Security of Tenure
Each permanent member has this
Partisan Political Activity
They cannot engage in partisan political activity either directly or indirectly.
Self-organization
Right to self-organization shall not be denied to government employees.
Objectives of Civil Service
Expected to pursue in establishing a career service accountable to the people and deserving of their trust and
support.
Disqualifications
No elective official shall be eligible for appointment or designation in any capacity to any public office or
position during his tenure.

Chapter 15: Commission on Elections

There shall be:

1 chairman
6 commissioners

Qualifications:

Natural born citizen,

35 years of age
Holder of college degree
Not a candidate in the immediate preceding election

Powers and Functions

The following are the powers and functions of COMELEC

Enforcement of election laws

Decision of election contests
o Precinct- territorial
o Polling stations where you vote (classrooms)
o Voting center the building which contains the polling stations (schools)
o Deactivation 2 times that you did not vote, your registration will be deactivated.
o Reactivation you reactivate your right to vote
o Cancellation happens when you die.
Decision of Administrative questions
Deputization of Law-Enforcement Agencies
Registration of Political Parties
Improvement of Elections

Election Period
90 days before the day of election and 30 days thereafter.

Chapter 16: Commission on Audit

Composition and qualifications
Composed of:

1 chairman
2 commissioners

Qualifications:

Natural born citizen

35 years of age
Certified public accountant with not less than 10 years of auditing experience or members of the
Philippine Bar
Not a candidate in preceding election

Chairman shall be appointed by President with consent of COA.

Term is seven years with no reappointment.
Powers and Functions

Power, authority and duty to examine, audit and settle all accounts pertaining to the revenue and
receipts of and expenditures or uses of funds and property owned or held in trust by or pertaining to
the government or any of its subdivisions, agencies or instrumentalities including government owned
and controlled corporations with original charters.
Exclusive authority to define the scope of its audit and examination establish the techniques and
methods require thereof, and promulgate accounting and auditing rules and regulations.