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Political Law (Constitutional Law) Article IX

ARTICLE 9A

3) Each Commission may promulgate its own procedural


rules (Sec. 6)
4) Fiscal autonomy (Sec. 5)

ARTICLE IX THE CONSTITUTIONAL COMMISSIONS

5) Salaries may not be diminished during their office

Section 1. Constitutional Commissions

(Sec. 3)

The Constitutional Commissions, which shall be

6) Commissioners have a fixed term

independent, are the Civil Service Commission, the

7) Commissioners are removable by impeachment only.

Commission on Elections, and the Commission on


Audit.
Independent Constitutional Commissions:

Section 2. DISQUALIFICATIONS
No member of a Constitutional Commission shall,
during his tenure, hold any other office or

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:

employment. Neither shall he engage in the practice


of any profession or in the active management or
control of any business which, in any way, may be
affected by the functions of his office, nor shall he be
financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted
by the Government, any of its subdivisions,
agencies, or instrumentalities, including government-

1) Are constitutionally created (Sec. 1)

owned or controlled corporations or their

2) Have independent powers of appointment (Sec. 4)

subsidiaries.

Disqualifications:
Members cannot, during their tenure:
1) Hold any other office or employment;

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.

2) Engage in the practice of any profession;


3) Incumbent members do not lose any salary.
3) Engage in the active management or control of any
business, which, in any way, may be affected by the

4) Increases take effect IMMEDIATELY.

functions of their office; and

Section 4.

4) Be financially interested, direct or indirect, in any

The Constitutional Commissions shall appoint their

contract, franchise, privilege granted by the government,

officials and employees in accordance with law.

any of its subdivisions, agencies, instrumentalities,

Section 5.

including GOCCs and their subsidiaries.


Note: The Ombudsman and his deputies are subject to
the same qualifications.
Section 3. SALARIES
The salary of the Chairman and the Commissioners
shall be fixed by law and shall not be decreased
during their tenure.
Salaries

The Commission shall enjoy fiscal autonomy. Their


approved annual appropriations shall be
automatically and regularly released.
Section 6. RULES OF PROCEDURE
Each Commission en banc may promulgate its own
rules concerning pleadings and practice before it or
before any of its offices. Such rules, however, shall
not diminish, increase, or modify substantive rights.

Procedures:
1) Rules: The Commissions may promulgate its own
rules EN BANC.

Each Commission shall decide by a majority vote of


all its Members, any case or matter brought before it
within sixty days from the date of its submission for
decision or resolution. A case or matter is deemed

2) Limitation: It shall not:


a) Diminish,
b) Increase, or

submitted for decision or resolution upon the filing of


the last pleading, brief, or memorandum required by
the rules of the Commission or by the Commission
itself. Unless otherwise provided by this Constitution

c) Modify substantive rights.

or by law, any decision, order, or ruling of each

3) Power of SC

Commission may be brought to the Supreme Court

a). The SC may not, under Art. VIII Sec. 5(5), exercise
the power to disapprove rules of special courts and

on certiorari by the aggrieved party within thirty days


from receipt of a copy thereof.

quasi-judicial bodies.

Decision-Making:

b). In proceedings before the Commissions, the rules of

1) Each commission shall decide matter or cases by a

the Commission prevail.

majority vote of all the members within 60 days from

c). In proceedings before a court, the Rules of Court

submission.

prevail.

COMELEC may sit en banc or in 2 divisions.

d). The SC may, however, in appropriate cases, exercise

Election cases, including pre-proclamation

JUDICIAL REVIEW
Section 7. DECISION MAKING/APPEAL

controversies are decided in division, with motions


for reconsideration filed to the COMELEC en banc.

ARTICLE 9B

The SC has held that a majority decision decided


by a division of the COMELEC is a valid decision.

2) As COLLEGIAL BODIES, each commission must act


as one, and no one member can decide a case for the
entire commission. (i.e. The Chairman cannot ratify a
decision which would otherwise have been void).
Appeals:
1) Decisions, orders or rulings of the COMELEC/COA
may be brought on certiorari to the SC under Rule 65.

THE CIVIL SERVICE COMMISSION


Section 1. COMPOSITION/QUALIFICATIONS/TERM
(1) The civil service shall be administered by the Civil
Service Commission composed of a Chairman and
two Commissioners who shall be natural-born
citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, with
proven capacity for public administration, and must
not have been candidates for any elective position in

2) Decisions, orders or ruling of the CSC should be


appealed to the CA under Rule 43.
Enforcement:

It has been held that the CSC can issue a writ of


execution to enforce judgments which are final.

Section 8.

the elections immediately preceding their


appointment.
(2) The Chairman and the Commissioners shall be
appointed by the President with the consent of the
Commission on Appointments for a term of seven
years without reappointment. Of those first
appointed, the Chairman shall hold office for seven
years, a Commissioner for five years, and another

Each Commission shall perform such other

Commissioner for three years, without

functions as may be provided by law.

reappointment. Appointment to any vacancy shall be


only for the unexpired term of the predecessor. In no

case shall any Member be appointed or designated in

3) Appointment to vacancy: only for unexpired term of

a temporary or acting capacity.

predecessor

Composition:

4) No temporary appointments, or appointments in acting

1) Chairman
2) Commissioners 2 commissioners
Qualifications:

capacity.
Section 2. Scope:
(1) The civil service embraces all branches,
subdivisions, instrumentalities, and agencies of the

1) Natural-born citizens of the Philippines;

Government, including government-owned or

2) At least 35 years old at the time of their appointments;

controlled corporations with original charters.

3) With proven capacity for public administration; and

(2) Appointments in the civil service shall be made

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

only according to merit and fitness to be determined,


as far as practicable, and, except to positions which
are policy-determining, primarily confidential, or
highly technical, by competitive examination.
(3) No officer or employee of the civil service shall be

Term:

removed or suspended except for cause provided by

1) Chairman -7 years; Commissioner1 5 yrs;

law.

Commissioner2 3 yrs

(4) No officer or employee in the civil service shall

2) Limitation: single term only, no reappointment

engage, directly or indirectly, in any electioneering or


partisan political campaign.

(5) The right to self-organization shall not be denied


to government employees.

Appointments to civil service shall be:


A. Competitive positions

(6) Temporary employees of the Government shall be


given such protection as may be provided by law.

According to merit and fitness to be determined by


competitive examinations, as far as practicable

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

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

2. If incorporated under the Corporation Code, it does not

confidence; close intimacy insures freedom of intercourse

fall within the Civil Service, and is not subject to the CSC

without betrayals of personal trust

jurisdiction.
3. Even if once government-controlled, then becomes
privatized, ceases to fall under CSC.

c) Highly technical

requires technical skill to a

superior degree.
C. The TEST to determine whether non/competitive is

4. Jurisdiction is determined as of the time of filing the

the Nature of the responsibilities, NOT the

complaint.

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

Tenure (Classification of Positions)


Career Service

Non-Career Service

1. Entrance based on merit 1. Entrance on bases OTHER


and fitness to be
than usual tests of merit and
determined as far as
fitness.
practicable by competitive
examinations or based on
highly technical
qualifications.
2. Entitled to security of
1. Tenure limited to:
tenure

because another person is better qualified, as long as the


appointee is himself qualified.

a)

Period specified by law,

b)

Coterminous with the

3). The CSC CANNOT add qualifications other than

appointing authority or

those provided by law.

subject to his pleasure, or

F. Next-In-Rank Rule

c)

of a particular project for

While a person next in rank is entitled to

which purpose the

preferential consideration, it does not follow that


only he, and no one else, can be appointed. Such

employment was made.

appointing authority is not bound to appoint the

3. With opportunity for


advancement to higher
career positions.

person next in rank.

Security of Tenure:

person has no vested right to the position and the

Limited to the duration

1) Officers or employees of the Civil Service cannot be

4) One must be VALIDLY APPOINTED to enjoy security

removed or suspended EXCEPT for cause provided by

of tenure. Thus, one who is not appointed by the proper

law. It guarantees both procedural and substantive due

appointing authority does not acquire security of tenure.

process.
Abolition of Office
2) For LEGAL CAUSE Cause is:
To be valid, abolition must be made:
a). related to and affects the administration of office, and
(a) In good faith; (good faith is presumed)
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.

(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.

No officer or employee in the Civil Service shall

integrate all human resources development

engage in any electioneering or in partisan political

programs for all levels and ranks, and institutionalize

activity

a management climate conducive to public

1) Cannot solicit votes in favor of a particular candidate.

accountability. It shall submit to the President and


the Congress an annual report on its personnel

2) Cannot give campaign contributions or distribute

programs.

campaign materials.
Section 4.
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

All public officers and employees shall take an oath


or affirmation to uphold and defend this Constitution.
Section 5.
The Congress shall provide for the standardization of

Right to organize
The right to organize does NOT include the right to strike
Section 3.

compensation of government officials and


employees, including those in government-owned or
controlled corporations with original charters, taking
into account the nature of the responsibilities

The Civil Service Commission, as the central

pertaining to, and the qualifications required for,

personnel agency of the Government, shall establish

their positions.

a career service and adopt measures to promote


morale, efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil service. It
shall strengthen the merit and rewards system,

Sections 6-7. DISQUALIFICATION


Section 6.
No candidate who has lost in any election shall,
within one year after such election, be appointed to
any office in the Government or any Governmentowned or controlled corporations or in any of their
subsidiaries.

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

Section 7.

their tenure.

No elective official shall be eligible for appointment

b). EXCEPTION: May hold ex officio positions.

or designation in any capacity to any public office or


position during his tenure.

Examples:

Unless otherwise allowed by law or by the primary


functions of his position, no appointive official shall
hold any other office or employment in the

The Vice President may be appointed Cabinet


member

Congressman may sit in the Judicial and Bar


Council

Government or any subdivision, agency or


instrumentality thereof, including Government-

c). To be eligible to hold any other office, the elected

owned or controlled corporations or their

official must first resign his office

subsidiaries.
Disqualifications
1) Losing candidates in any election

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 subdivision, agency, instrumentality,
including GOCCs and their subsidiaries.
b). EXCEPTION: Unless otherwise allowed by law, or by
the primary functions of his position.
c). This exception DOES NOT APPLY to Cabinet
members, and those officers mentioned in Art. VII, Sec.

Cannot receive:
A. Additional - an extra reward given for the same office
i.e. bonus
B. Double - when an officer is given 2 sets of
compensation for 2 different offices held concurrently by
1 officer
C. Indirect Compensation

13. They are governed by the stricter prohibitions


contained therein.
Section 8. COMPENSATION

2) EXCEPTION: Unless specifically authorized by law


A. SPECIFICALLY AUTHORIZED means a specific
authority particularly directed to the

No elective or appointive public officer or employee

officer or

employee concerned.

shall receive additional, double, or indirect


compensation, unless specifically authorized by law,
nor accept without the consent of the Congress, any
present, emolument, office, or title of any kind from
any foreign government.
Pensions or gratuities shall not be considered as
additional, double, or indirect compensation.
1) Prohibitions: applies to elected or appointed officers
and employees

B. BUT: per diems and allowances given as


REIMBURSEMENT for expenses actually incurred are
not prohibited
3) Cannot accept any present, emolument, office, title of
any kind from foreign governments UNLESS with the
consent of Congress.
4) Pensions and gratuities are NOT considered as
additional, double, or indirect compensation.

ARTICLE 9C
THE COMMISSION ON ELECTIONS

Appointment to any vacancy shall be only for the


unexpired term of the predecessor. In no case shall
any Member be appointed or designated in a

Section 1. COMPOSITION/QUALIFICATIONS/TERM
(1) There shall be a Commission on Elections

temporary or acting capacity.


Composition: (7)

composed of a Chairman and six Commissioners


who shall be natural-born citizens of the Philippines
and, at the time of their appointment, at least thirtyfive years of age, holders of a college degree, and

1) Chairman and
2) Commissioners (6)
Qualifications:

must not have been candidates for any elective


positions in the immediately preceding elections.
However, a majority thereof, including the Chairman,
shall be members of the Philippine Bar who have
been engaged in the practice of law for at least ten
years.
(2) The Chairman and the Commissioners shall be

1) Natural-born citizens of the Philippines;


2) At least 35 years old at the time of appointment
3) Holders of college degrees; and
4) Not candidates for any elective position in the
immediately preceding elections.

appointed by the President with the consent of the

5) Majority of the Commission, including the Chairman

Commission on Appointments for a term of seven

must be:

years without reappointment. Of those first

a). Members of the Philippines Bar

appointed, three Members shall hold office for seven


years, two Members for five years, and the last
Members for three years, without reappointment.

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


any activity in or out of court, which requires the

application of law, legal procedure, knowledge, training


and experience.
6) Appointments subject to CA approval
Term:
1) Chairman -7 yrs; 3 Members 7 yrs; 2 Members 5
yrs; 1 Member 3 yrs.
2) LIMITATION: Single term only: no reappointment
allowed
3) Appointment to a vacancy: only for unexpired portion
of predecessors term
4) No temporary appointments, or appointments in acting
capacity
a). Thus, the President cannot designate an incumbent
commissioner as acting Chairman.
b). The choice of temporary chairman falls under the
COMELECs discretion.
Section 2. POWERS AND FUNCTIONS
Sec. 2. The Commission on Elections shall exercise
the following powers and functions:

(1) Enforce and administer all laws and regulations


relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.
(2) Exercise exclusive original jurisdiction over all
contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and
city officials, and appellate jurisdiction over all
contests involving elective municipal officials
decided by trial courts of general jurisdiction, or
involving elective barangay officials decided by trial
courts of limited jurisdiction.
Decisions, final orders, or rulings of the Commission
on election contests involving elective municipal and
barangay offices shall be final, executory, and not
appealable.
(3) Decide, except those involving the right to vote,
all questions affecting elections, including
determination of the number and location of polling
places, appointment of election officials and
inspectors, and registration of voters.
(4) Deputize, with the concurrence of the President,
law enforcement agencies and instrumentalities of
the Government, including the Armed Forces of the
Philippines, for the exclusive purpose of ensuring
free, orderly, honest, peaceful, and credible
elections.

(5) Register, after sufficient publication, political


parties, organizations, or coalitions which, in
addition to other requirements, must present their
platform or program of government; and accredit
citizens arms of the Commission on Elections.
Religious denominations and sects shall not be
registered. Those which seek to achieve their goals
through violence or unlawful means, or refuse to
uphold and adhere to this Constitution, or which are
supported by any foreign government shall likewise
be refused registration.
Financial contributions from foreign governments
and their agencies to political parties, organizations,
coalitions, or candidates related to elections,
constitute interference in national affairs, and, when
accepted, shall be an additional ground for the
cancellation of their registration with the
Commission, in addition to other penalties that may
be prescribed by law.
(6) File, upon a verified complaint, or on its own
initiative, petitions in court for inclusion or exclusion
of voters; investigate and, where appropriate,
prosecute cases of violations of election laws,
including acts or omissions constituting election
frauds, offenses, and malpractices.
(7) Recommend to the Congress effective measures
to minimize election spending, including limitation of
places where propaganda materials shall be posted,
and to prevent and penalize all forms of election

frauds, offenses, malpractices, and nuisance


candidates.
(8) Recommend to the President the removal of any
officer or employee it has deputized, or the
imposition of any other disciplinary action, for
violation or disregard of, or disobedience to, its
directive, order, or decision.
(9) Submit to the President and the Congress, a
comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or recall.
Powers:
1) Enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite, initiative,
referendum, and recall.
(a)

Ex: COMELEC can enjoin construction of public

works within 45 days of an election.


1)

Exercise:

A. Exclusive original jurisdiction over all contests relating


to the elections, returns, and qualifications of all elective
1. Regional,
2. Provincial, and

3. City officials
B. Appellate jurisdiction over all contests involving:
1. Elective municipal officials decided by trial courts of
general jurisdiction

3. Its jurisdiction over contests (after proclamation), is in


exercise of its judicial functions.
E. The COMELEC may issue writs of certiorari,
prohibition and mandamus in exercise of its appellate
jurisdiction. This is not an inherent power.

2. Elective barangay officials decided by trial courts of


limited jurisdiction.

3) Decide, except those involving the right to vote, all


questions affecting elections, including determination of

C. Decisions, final orders, or rulings of the Commission


on election contests involving elective municipal and
barangay offices shall be final, executory, and not

the number and location of polling places, appointment of


election officials and inspectors, and registration of
voters.

appealable.
Note: Questions involving the right to vote fall within the
Exception: Appealable to the SC on questions of law.
1. Contempt powers

jurisdiction of the ordinary courts.


4) Deputize, with the concurrence of the President, law
enforcement agencies and instrumentalities of the

1. COMELEC can exercise this power only in relation to


its adjudicatory or quasi-judicial functions. It CANNOT
exercise this in connection with its purely executive or
ministerial functions.

Government, including the Armed Forces of the


Philippines, for the exclusive purpose of ensuring free,
orderly, honest, peaceful, and credible elections.
a). This power is NOT limited to the election period.

2. If it is a pre-proclamation controversy, the COMELEC


exercises quasi-judicial/administrative powers.

b). Applies to both criminal and administrative cases.

5) Registration of political parties, organizations, or

coalitions, or candidates related to elections constitute

coalitions/accreditation of citizens arms of the

interference in national affairs. If accepted, it is an

Commission on Elections.

additional ground for the cancellation of their registration

a). The political parties etc. must present their platform or


program of government.
b). There should be sufficient publication

with the Commission, in addition to other penalties that


may be prescribed by law.
1)

File, upon a verified complaint, or on its own

initiative, petitions in court for inclusion of exclusion of


c). Groups which cannot be registered:
i. Religious denominations/sects
ii. Groups which seek to achieve their goals through
violence or unlawful means

voters; investigate and, where appropriate, prosecute


cases of violations of election laws, including acts or
omissions constituting elections frauds, offenses and
malpractices.
1. COMELEC has exclusive jurisdiction to investigate

iii. Groups which refuse to uphold and adhere to the

and prosecute cases for violations of election laws.

Constitution

2. COMELEC can deputize prosecutors for this

iv. Groups which are supported by any foreign

purpose. The actions of the prosecutors are the

government.

actions of the COMELEC

d). BUT: Political parties with religious affiliation or which

3. Preliminary investigation conducted by COMELEC

derive their principles from religious beliefs are

is valid.

registerable.
e). Financial contributions from foreign governments and
their agencies to political parties, organizations,

2)

Recommend to the Congress effective measures to

minimize election spending, including limitation of places


where propaganda materials shall be posted, and to

prevent and penalize all forms of election frauds,


offenses, malpractices, and nuisance candidacies.
3)

Recommend to the President the removal of any

officer or employee it has deputized, or the imposition of


any other disciplinary action, for violation or disregard or,

1)

COMELEC can sit en banc or in two divisions

2)

It has the power to promulgate its own rules of

procedure in order to expedite disposition of election


cases, including pre-election controversies.
Decision-Making

or disobedience to its directive, order, or decision.


1) Election cases should be heard and decided in
4)

Submit to the President and the congress a

division. Provided that,

comprehensive report on the conduct of each election,


plebiscite, initiative, referendum, or recall.

2) Motions for reconsideration of decisions should be


decided by COMELEC en banc.

Section 3. RULES OF PROCEDURE/DECISIONMAKING


The Commission on Elections may sit en banc or in
two divisions, and shall promulgate its rules of
procedure in order to expedite disposition of election

3) Decisions mean resolutions on substantive issues.


2)

If a division dismisses a case for failure of counsel to

appear, the Motion for Reconsideration here may be


heard by the division.

cases, including pre-proclamation controversies. All

3)

such election cases shall be heard and decided in

assume jurisdiction over a petition to correct manifest

division, provided that motions for reconsideration of

errors in the tallying of results by Board of Canvassers.

decisions shall be decided by the Commission en


banc.
Rules of Procedure

EXCEPTION: COMELEC en banc may directly

Section 4. SUPERVISION/REGULATION OF
FANCHISES / PERMITS / GRANTS / SPECIAL
PRIVILEGES / CONCESSIONS

The Commission may, during the election period,

2). Grants, special privileges or concessions granted by

supervise or regulate the enjoyment or utilization of

the Government or any subdivision, agency or

all franchises or permits for the operation of

instrumentality thereof, including any GOCC or its

transportation and other public utilities, media of

subsidiary

communication or information, all grants, special

B. When can COMELEC exercise this power

privileges, or concessions granted by the


Government or any subdivision, agency, or

1). During the election period

instrumentality thereof, including any government-

a). Under Article XI, Section 9, the election period

owned or controlled corporation or its subsidiary.

commences 90 days before

Such supervision or regulation shall aim to ensure


equal opportunity, and equal rates therefor, for

the day of the election and ends 30 days thereafter.

public information campaigns and forums among

b). In special cases, COMELEC can fix a period.

candidates in connection with the objective of

2). Applies not just to elections but also to plebiscites and

holding free, orderly, honest, peaceful, and credible

referenda.

elections.

3). Plebiscite: Submission of constitutional amendments

Regulation of franchises

or important legislative measures to the people

A. What can COMELEC supervise or regulate

ratification

1). The enjoyment or utilization of all franchises or

4). Referendum: power of the electorate to approve or

permits for the operation of transportation and other

reject legislation through an election called for that

public utilities, media of communication or information.

purpose.
COMELEC and the MEDIA

1). COMELEC cannot compel print media to donate free


space to the COMELEC. It may, however, compel it to

Section 6
Definition of Political Party

provide space after paying just compensation.


A free and open party system shall be allowed to
2). Power of COMELEC is over franchises and permits,
NOT individuals. For example, COMELEC may not

evolve according to the free choice of the people,


subject to the provisions of this Article.

regulate media practitioners, for this would violate the


freedom of expression.

organized group of persons pursuing the same

political ideals in a government and includes its

Section 5. No pardon, amnesty, parole, or suspension of

branches, and divisions

sentence for violation of election laws, rules, and


regulations shall be granted by the President without the

Importance of registration of a political party

favorable recommendation of the Commission.


Section 5.
No pardon, amnesty, parole, or suspension of
sentence for violation of election laws, rules, and

1)

Registration confers juridical personality on the

party.
2)

It informs the public of the partys existence and

ideals.

regulations shall be granted by the President without


the favorable recommendation of the Commission.

3)

It identifies the party and its officers for purposes of

regulation by the COMELEC.


Section 7.
No votes cast in favor of a political party,
organization, or coalition shall be valid, except for

those registered under the party-list system as


provided in this Constitution.
Prohibition on block-voting
1) General rule: Block voting NOT allowed

2). Boards of election inspectors,


3). Boards of canvassers, or
4). Other similar bodies.
Poll Watchers

2) EXCEPTION: those registered under the party-list


system

Political parties, etc. are entitled to appoint poll


watchers in accordance with law.

Section 8. PARTY LIST SYSTEM


Political parties, or organizations or coalitions
registered under the party-list system, shall not be
represented in the voters registration boards,
boards of election inspectors, boards of canvassers,
or other similar bodies. However, they shall be

Section 9.
Unless otherwise fixed by the Commission in special
cases, the election period shall commence ninety
days before the day of election and shall end thirty
days thereafter.

entitled to appoint poll watchers in accordance with


law.

Section 10.

No Right to be Represented in Various Boards

Bona fide candidates for any public office shall be


free from any form of harassment and discrimination.

Political parties, organizations, or coalitions


registered under the party-list system shall NOT be

represented in the following:

from suit.

1). Voters registrations boards,

This section does not give candidates immunity


Discrimination includes unequal treatment in the
availment of media facilities.

Section 11. FUNDING

ARTICLE 9D

Funds certified by the Commission as necessary to

THE COMMISSION ON AUDIT

defray the expenses for holding regular and special

Section 1. COMPOSITION/QUALIFICATIONS

elections, plebiscites, initiatives, referenda, and


recalls, shall be provided in the regular or special
appropriations and, once approved, shall be released
automatically upon certification by the Chairman of
the Commission.

(1) There shall be a Commission on Audit composed


of a Chairman and two Commissioners, who shall be
natural-born citizens of the Philippines and, at the
time of their appointment, at least thirty-five years of
age, Certified Public Accountants with not less than

How provided
1)

Funds certified by the COMELEC as necessary to

ten years of auditing experience, or members of the


Philippine Bar who have been engaged in the

defray the expenses for holding regular and special

practice of law for at least ten years, and must not

elections, plebiscites, initiative, referenda and recalls,

have been candidates for any elective position in the

shall provided in the regular or special appropriations.

elections immediately preceding their appointment.

2)

Funds should be certified by the COMELEC as

necessary.

At no time shall all Members of the Commission


belong to the same profession.

Release of funds
(2) The Chairman and the Commissioners shall be

Once approved, funds should be released


automatically upon certification by the Chairman of
COMELEC.

appointed by the President with the consent of the


Commission on Appointments for a term of seven
years without reappointment. Of those first
appointed, the Chairman shall hold office for seven

years, one Commissioner for five years, and the

6)

other Commissioner for three years, without

position in the elections immediately preceding their

reappointment. Appointment to any vacancy shall be

appointment.

only for the unexpired portion of the term of the

Must not have been candidates for any elective

Term:

predecessor. In no case shall any Member be


appointed or designated in a temporary or acting
capacity.
Composition:

1)

Chairman -7 yrs; Commissioner1 -5yrs;

Commissioner 2 -3 yrs.
2)

LIMITATION: Single terms only; no re-appointment

allowed
1)

Chairman, and

2)

Commissioners (2).

3)
Qualifications:
1)

Natural-born citizens of the Philippines

2)

At least 36 years old at the time of their appointment;

3)

Either:

Appointments to any vacancy shall only be for the

unexpired portion of predecessors term.


Section 2. POWERS
(1) The Commission on Audit shall have the power,
authority, and duty to examine, audit, and settle all
accounts pertaining to the revenue and receipts of,
and expenditures or uses of funds and property,

a). CPAs with at least 10 years auditing experience; or


b). Members of Phil. Bar with 10 years of practice.
4)

Members cannot all belong to the same profession.

5)

Subject to confirmation of the CA.

owned or held in trust by, or pertaining to, the


Government, or any of its subdivisions, agencies, or
instrumentalities, including government-owned or
controlled corporations with original charters, and on
a post-audit basis: (a) constitutional bodies,

commissions and offices that have been granted

regulations, including those for the prevention and

fiscal autonomy under this Constitution; (b)

disallowance of irregular, unnecessary, excessive,

autonomous state colleges and universities; (c) other

extravagant, or unconscionable expenditures or uses

government-owned or controlled corporations and

of government funds and properties.

their subsidiaries; and (d) such non-governmental

1)

Examine, audit, and settle accounts pertaining to:

entities receiving subsidy or equity, directly or


indirectly, from or through the Government, which

1. Revenue and receipts of funds or property; or

are required by law or the granting institution to

2. Expenditures and uses of funds or property

submit to such audit as a condition of subsidy or


equity. However, where the internal control system of

Owned or held in trust by, or pertain to:

the audited agencies is inadequate, the Commission

1. The Government;

may adopt such measures, including temporary or

2. Any of its subdivisions, agencies or

special pre-audit, as are necessary and appropriate

instrumentalities;

to correct the deficiencies. It shall keep the general

3. Including GOCCs with original charters.

accounts of the Government and, for such period as


may be provided by law, preserve the vouchers and

2)

Conduct post-audit with respect to the following:

other supporting papers pertaining thereto.


(2) The Commission shall have exclusive authority,
subject to the limitations in this Article, to define the
scope of its audit and examination, establish the
techniques and methods required therefor, and
promulgate accounting and auditing rules and

1. Constitutional bodies, commissions, and offices


granted fiscal autonomy;
2. Autonomous state colleges and universities;
3. GOCCs and their subsidiaries incorporated under
the Corporation Code.

4. None-governmental entities receiving subsidies or

2. Failure to comply with these rules can be a ground

equity, directly or indirectly, from or through the

for disapproving the payment of a proposed

government, which are required by law of the

expenditure.

granting of institution to submit to such audit.


Note:
3)

If COA finds internal control system of audited

1)

The functions of COA can be classified as:

agencies as inadequate, COA may adopt measures,


including temporary or special pre-audit, as may be

1. Examine and audit all forms of government

necessary.
4)

revenues;
2. Examine and audit all forms of govt expenditures

Keep the general accounts of the government,

3. Settle govt accounts

preserving vouchers and other supporting papers

4. Promulgate accounting and auditing rules (including

pertaining thereto.

those for the prevention of irregularexpenditures.


5)

Exclusive authority to define the scope of COAs

5. To decide administrative cases involving

audit and examination and to establish the techniques

expenditures of public funds.

and methods required therefor.


6)

Promulgate accounting and auditing rules and

regulations.

2)

COA can settle only LIQUIDATED ACCOUNTS or

those accounts which may be adjusted simply by


arithmetic process.

1. Including those for the prevention or disallowance


of irregular, unnecessary, excessive, extravagant,
or unconscionable expenditures or uses of
government funds and properties.

3)

COA has authority not just over accountable officers

but also over other officers who perform functions related


to accounting such as verification of evaluations and

computation of fees collectible, and the adoption of

possible criminal liability. This is because COAs interest

internal rules of control.

in such accounts is merely administrative.

4)

7)

COA does not have the power to fix the amount of

an unfixed or undetermined debt.


5)

Where the following requirements are complied with,

it becomes the ministerial duty of the COA to approve


and pass in audit vouchers for payment:
1. There is a law appropriating funds for a particular
purpose;
2. There is a contract, made by the proper officer,
entered into in conformity with the above-mentioned

COA has the power to determine the meaning of

public bidding and what constitutes failure when


regulations require public bidding for the sale of
government property.
Section 3.
No law shall be passed exempting any entity of the
Government or its subsidiary in any guise whatever,
or any investment of public funds, from the
jurisdiction of the Commission on Audit.

law;
3. The goods or services covered by such contract
have been delivered or rendered in pursuance to
such contract, as attested by the proper officer; and
4. Payment has been authorized by officials of the
corresponding department or bureau.
6)

Prosecutors may still review accounts already settled

and approved by COA for the purpose of determining

Section 4.
The Commission shall submit to the President and
the Congress, within the time fixed by law, an annual
report covering the financial condition and operation
of the Government, its subdivisions, agencies, and
instrumentalities, including government-owned or
controlled corporations, and non-governmental
entities subject to its audit, and recommend
measures necessary to improve their effectiveness
and efficiency. It shall submit such other reports as
may be required by law.

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