VILLAFUERTE, Abygail June R.

LAW 121 D / 2011-78090

October 4, 2011
1
Outline of the Constitutional Commissions
COMMON PROVISIONS A9 (CP)
A9 (CP)/S1
Constitutional Commissions (ConComm)
1. Civil Service Commission (CSC)
2. Commission on Elections (COMELEC)
3. Commission on Audit (COA)
Prohibitions
A9 (CP)/S2
- Holding another office / employment
- Practice of any profession
- Active management or control of business
that may be affected by his offices
functions
- Having direct/indirect financial interest in
any contract granted by the government

Decisions
A9 (CP)/S7
- Decisions made within 60 days from
submission for decision by a majority of all
members
- Any decision may be brought to the SC on
certiorari within 30 days from receipt
CIVIL SERVICE COMMISSION A9 (CSC)
Composition
A9 (CSC)/S1/P1
Civil Service Commission (CSC)
- Administers civil service
- Composed of chairman and two
commissioners
o Natural-born Filipino citizens
o At least 35 years old at the time of
appointment
o With proven capacity for public
administration
o Not candidates for any elective
position
in
the
elections
immediately before appointment

Independence of the ConComm

A9 (CP)/S3
Salary
Chairman, commissioners salary fixed by law,
cannot be decreased during their tenure
A9 (CP)/S4
Appointing power
ConComm can appoint
according to law

officials,

employees

A9 (CP)/S5
Fiscal autonomy
Automatic and regular release of approved annual
appropriations
A9 (CP)/S6
Rule-making power
- Concomm can promulgate rules re:
pleadings and practice it before its offices
- Rules cannot modify substantive rights
A9 (CP)/S8
Performance of other functions

Legend: Ax/Sx/Px A: article; S: section; P: paragraph; x:

number

Appointments
A9 (CSC)/S1/P2
- Chairman, commissioners appointed by
President
- Needs consent of Commission on
Appointments
- Term = 7 years without reappointment
- For those first appointed
o Chairman 7 years
o Commissioner 5 years
o Another Commissioner 3 years
- Appointment to any vacancy only for
unexpired term
- No temporary appointment or designation
Cuevas v. Bacal (2000)
Unless an employee is appointed to a
particular office or station, he can claim no
security of tenure in respect of any office.
Gaminde v. COA (2000)
The appropriate starting point of the terms
of office of the first appointees to the
Constitutional Commissions under the
1987 Constitution must be on February
02, 1987, the date of the adoption of the
1987 Constitution. In case of a belated

appointment or qualification, the interval

between the start of the term and the
actual qualification of the appointee must
be counted against the latter.
Scope of power
A9 (CSC)/S2
1. Civil service embraces all government
branches, subdivisions, instrumentalities,
agencies + owned/controlled corporations
2. Appointments
a. Generally made only according to
merit and fitness
b. By competitive examination for
policy-determining, confidential or
highly technical positions
3. No civil service employee may be
removed or suspended without cause
4. No civil service employee may engage in
any electioneering or partisan political
campaign
5. Right to self-organization not denied
6. Temporary employees given protection as
may be provided by law
Cristobal v. Melchor (1977)
Victims of unfair labor practices, such as
those illegally dismissed from service,
shall be awarded backwages without
qualification and deduction.
Alliance of Government Workers v. Minister of
Labor (1983)
Employees of government-owned and
controlled corporations, as well as
autonomous
state
colleges
and
universities are part of the Civil Service.
National Service Co. v. NLRC (1988)
Notice of the employer's decision to
dismiss an employee can only be issued
after the employer has afforded the
employee concerned ample opportunity to
be heard and to defend himself.
Canonizado v. Aguirre (2000)
When a regular government employee is
illegally dismissed, his position never
became vacant under the law and he is
considered as not having left his office.
UP and de Torres v. CSC (2001)
On its own, CSC does not have the power
to terminate employment or to drop
workers from the rolls.

Functions
A9 (CSC)/S3
CSC as central personnel agency
- Establishes career service
- Adopts measures to promote morale,
efficiency, etc. in the civil service
- Strengthens merits and rewards system
- Integrates HRD programs for all ranks,
levels
- Institutionalizes
management
climate
conducive to public accountability
- Submits to President and Congress an
annual report on personnel programs
Oath
A9 (CSC)/S4
All public employees shall take an oath, affirmation
to uphold, defend Constitution
Standardization of compensation
A9 (CSC)/S5
Congress provides for the standardization of
compensation of government employees
Prohibitions
A9 (CSC)/S6
No candidate who lost in an election shall be
appointed to any government office within one
year after such election
A9 (CSC)/S7
- No elective official is eligible for
appointment or designation to any public
office during tenure
- No appointive official can hold any other
government position
A9 (CSC)/S8
No elective or appointive employee shall
- Receive additional, double, indirect
compensation unless authorized by law
[Pensions, gratuities not considered as
under these kinds of compensation]
- Accept any present, emolument, office,
title from any foreign government without
Congress consent

Blaquera v. Alacala (1998)

It is the President or the head of each
department or agency who is authorized to
incur the necessary expenses involved in
the honorary recognition of subordinate
officers and employees of the government.
It is not the duty of the Commission to fix
the amount of the incentives.
COMMISSION
(COMELEC)

ON

ELECTIONS

A9

Composition
A9 (COMELEC)/S1/P1
Commission on Elections (COMELEC)
- Chairman and 6 commissioners
o Natural-born Filipino citizens
o At least 35 years old at the time of
appointment
o Holders of college degree
o Not candidates for any elective
position in the immediately
preceding elections
o Majority including Chairman must
be practicing lawyers for at least
10 years

e. Recall
2. Exercise of jurisdiction over contests
relating to ERQ
a. Exclusive original jurisdiction
i. Elective regional,
provincial, city officials
b. Appellate jurisdiction
i. Elective municipal officials
ii. Elective barangay officials
3. Decisions, final orders, or rulings on
election contests re: elective municipal
and barangay offices final, executory, not
appealable
Decide all questions affecting elections
a. Determination of the number and
location of polling places
b. Appointment of election officials
and inspectors
c. Registration of voters
d. EXCEPT questions involving right
to vote
4. Deputize law enforcement agencies and
instrumentalities (including AFP) with the
concurrence of the President, for the
exclusive purpose of ensuring free,
orderly, peaceful elections

Appointments
A9 (COMELEC)/S1/P2
- Chairman, commissioners appointed by
President
- Needs consent of Commission on
Appointments
- Term = 7 years without reappointment
- For those first appointed
o 3 members 7 years
o 2 members 5 years
o Last 2 members 3 years
- Appointment to any vacancy only for
unexpired term
- No temporary appointment or designation
Powers and functions
A9 (COMELEC)/S2
1. Enforce, administer laws and regulations
relative to the conduct of
a. Election
b. Plebiscite
c. Initiative
d. Referendum

5. Registration, accreditation of groups

a. Register
political
parties,
organizations, or coalitions
b. Accredit citizens' arms of the
COMELEC
c. REFUSED REGISTRATION
i. Religious denominations
and sects
ii. Those using violence or
unlawful means
iii. Those refusing to uphold
Constitution
iv. Those supported by any
foreign government
Financial contribution for foreign govts.
a. Financial
contributions
from
foreign governments related to
elections interference in national
affairs
b. When accepted, additional ground
for the cancellation of their
registration + other penalties

6. Violations of election law

a. File petitions for inclusion or
exclusion of voters
b. Investigate and prosecute cases
of election law violations

Chavez v. COMELEC (1992)

Pre-proclamation cases shall only involve
controversies of local elective officials, and
not national officials like the President, VP,
Senators, and HoR members.

7. Recommend to the Congress effective

measures
a. To minimize election spending,
b. To prevent and penalize all forms
of election frauds, offenses,
malpractices,
and
nuisance
candidacies

Supervision of franchise enjoyment

8. Recommend to the President

a. Removal of any officer or
employee it has deputized
b. Imposition of disciplinary action,
for violation or disregard of, or
disobedience to, directive, order,
decision
9. Submit to President and Congress a
comprehensive report on the conduct of
each
election,
plebiscite,
initiative,
referendum, or recall
Buac and Bautista v. COMELEC and Cayetano
(2004)
As an independent constitutional body
exclusively charged with the power of
enforcement and administration of all laws
and regulations relative to the conduct of
an
election,
plebiscite,
initiative,
referendum and recall, the COMELEC has
the indisputable expertise in the field of
election and related laws. Its acts,
therefore, enjoy the presumption of
regularity in the performance of official
duties.
Loong v. COMELEC (1999)
The text and intent of A9 (C)/S2/P1 is to
have COMELEC all the necessary and
incidental powers for it to achieve the
objective of holding free, orderly, honest,
peaceful, and credible elections.

A9 (COMELEC)/S4
During election period, COMELEC may supervise
/ regulate enjoyment of franchises or permits for
the operation of:
- Transportation, public utilities
- Media of communication or information
- Grants, special privileges, concessions
granted by government
Supervision / regulation aims to ensure equal
opportunity time, space, right to reply for public
information campaigns and forums among
candidates
UNIDO v. COMELEC (1981)
COMELEC has the power to supervise
and regulate the mass media in such
respect, but such authority arises only
when there is a showing that any sector or
member of the media has denied to any
party or person the right to which it or he is
entitled.
Pardon for violation of election laws
A9 (COMELEC)/S5
President cannot grant the following for violation of
election
laws
without
COMELECs
recommendation:
- Pardon
- Amnesty
- Parole
- Suspension of sentence
Party system
A9 (COMELEC)/S6
Free and open party system allowed to evolve
according to peoples free choice

Election cases
A9 (COMELEC)/S3
- En banc or in 2 divisions in promulgating
rules of procedures to expedite disposition
of election cases
- Election cases heard, decided in division
- MfR decided by COMELEC en banc

A9 (COMELEC)/S7
Only those votes cast in favor of political parties,
organizations, coalitions registered under party-list
system are valid

A9 (COMELEC)/S8
Political
parties,
organizations,
coalitions
registered under party-list system not represented
in the following:
1. Voters registration boards
2. Board of election inspectors
3. Boards of canvassers
They are entitled to appoint poll watchers
Elections
A9 (COMELEC)/S9
Election period begins 90 days before election day
and ends 30 days after
Sanchez v. COMELEC (1982)
The Court upheld the power and
prerogative of the COMELEC to annul an
election where the will of the voters has
been defeated, as well as to call for a
special
election
where
widespread
terrorism, whether before or after election,
has been proven resulting in a failure to
elect, without need of recourse to the
President and the Batasang Pambansa for
the enactment of remedial legislation.
A9 (COMELEC)/S10
Candidates for public office shall be free from
harassment and discrimination
Appropriation of funds
A9 (COMELEC)/S11
- Funds necessary to defray expenses for
holding elections, plebiscites, initiatives,
referenda, recalls provided in the regular /
special appropriations
- Upon approval, automatic release upon
certification of COMELEC chair
Liga ng mga Barangay v. COMELEC (1994)
While COMELEC answers for all
expenditures relative to political exercises
of the province, city and municipality, local
governments are mandated to share in the
expenses of the election for barangay
officials through appropriation of funds for
the purpose.

COMMISSION ON AUDIT A9 (COA)

Composition
A9 (COA)/S1/P1
Commission on Audit (COA)
- Chairman and 2 commissioners
o Natural-born Filipino citizens
o At least 35 years old at the time of
appointment
o CPA with at least 10 years
auditing experience or practicing
lawyers for at least 10 years
o Not candidates for any elective
position in the immediately
preceding elections
o At no time shall all COA members
belong to the same profession
Appointment
A9 (COA)/S1/P2
- Chairman, commissioners appointed by
President
- Needs consent of Commission on
Appointments
- Term = 7 years without reappointment
- For those first appointed
o Chairman 7 years
o 1 commissioner 5 years
o 1 commissioner 3 years
- Appointment to any vacancy only for
unexpired term
- No temporary appointment or designation
Acolola v. Tantuico (1978)
COA chairman shall be given the power to
appoint, as well as dismiss, their officials
and employees in accordance with the
law.
Powers and functions
A9 (COA)/S2/P1
- Examine, audit, and settle accounts
pertaining to the revenue and receipts of,
and expenditures or uses of funds and
property, owned or held in trust by the
Government
o Constitutional bodies,
commissions and offices granted
fiscal autonomy
o Autonomous state colleges and
universities

Other
government-owned
or
controlled
corporations
and
subsidiaries
o Non-governmental entities
receiving subsidy or equity from or
through the Government, which
are required by law or granting
institution to submit to audit as a
condition of subsidy or equity
Adopt measures as are necessary to
correct deficiencies where the internal
control system of the audited agencies is
inadequate
Keep the general accounts of the
Government

A9 (COA)/S2/P2
COA has exclusive authority
- Define scope of its audit and examination
- Establish
techniques
and
methods
required
- Promulgate accounting and auditing rules
and regulations
A9 (COA)/S3
No law shall be passed exempting any
government entity or any investment of public
funds from COAs jurisdiction
A9 (COA)/S4
- COA submits to President and Congress
an annual report covering governments
financial condition and operation
- COA recommends measures to improve
effectiveness and efficiency