Pointers for the exam on Saturday

Modes of creation of public offices

• (1) By the Constitution;
• (2) By statute/law; or
• (3) By a tribunal or body to which the power to create the office has been 
delegated. 


Characteristics of public office

• public office is a public trust.
• Public office is personal to the incumbent and is not a property which passes to his heirs
• There is no vested right in an office or its salary.

Commission on Appointments
It is a constitutional body which confirms or rejects certain political appointments made by
the President of the Philippines. It shall act as a restraint against abuse of the appointing
authority, to the end that the power of disapproval should be exercised to protect and enhance
the public interest.

COMELEC appeals procedure

COMELEC jurisdiction
Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city officials. 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.

Overseas Absentee Voter Law

All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least eighteen
(18) years of age on the day of elections, may vote for president, vice-president, senators and
party-list representatives may exercise their right to vote.

COMELEC jurisdiction over political parties

Inclusion and non-inclusion proceedings

Involve the simple issue of whether a petitioner shall be included in or excluded from the list of
voters based on the qualifications required by law and the facts presented to show possession of
these qualifications. It is not appealable.

Pre-proclamation cases
A pre-proclamation controversy refers to any question pertaining to or affecting the proceedings
of the board of canvassers which may be raised by any candidate or any registered political party
or coalition of political parties before the board or directly with the Commission, or any matter
in relation to the preparation, transmission, receipt, custody and appreciation of the election
returns.

Impeachment - 1987 CONST. ART. XI

Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members
of the Constitutional Commissions, and the Ombudsman may be removed from office on
impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft
and corruption, other high crimes, or betrayal of public trust. All other public officers and
employees may be removed from office as provided by law, but not by impeachment.

Section 3. (1) The House of Representatives shall have the exclusive power to initiate all cases of
impeachment.

(2) A verified complaint for impeachment may be filed by any Member of the House of
Representatives or by any citizen upon a resolution or endorsement by any Member thereof,
which shall be included in the Order of Business within ten session days, and referred to the
proper Committee within three session days thereafter. The Committee, after hearing, and by a
majority vote of all its Members, shall submit its report to the House within sixty session days
from such referral, together with the corresponding resolution. The resolution shall be
calendared for consideration by the House within ten session days from receipt thereof.

(3) A vote of at least one-third of all the Members of the House shall be necessary either to affirm
a favorable resolution with the Articles of Impeachment of the Committee, or override its
contrary resolution. The vote of each Member shall be recorded.

(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all
the Members of the House, the same shall constitute the Articles of Impeachment, and trial by
the Senate shall forthwith proceed.

(5) No impeachment proceedings shall be initiated against the same official more than once
within a period of one year.

(6) The Senate shall have the sole power to try and decide all cases of impeachment. When sitting
for that purpose, the Senators shall be on oath or affirmation. When the President of the
Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No
person shall be convicted without the concurrence of two-thirds of all the Members of the
Senate.

(7) Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party convicted
shall nevertheless be liable and subject to prosecution, trial, and punishment, according to law.
(8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose
of this section.

Sandiganbayan jurisdiction
jurisdiction over criminal and civil cases involving graft and corrupt practices and such other
offenses committed by public officers and employees, including those in government-owned or
controlled corporations, in relation to their office as may be determined by law.
2 Criteria: nature of the offense and The salary grade of the public official. (Salary Grade 27 or
higher)

I.) Violations of RA 3019 (Anti-graft and Corrupt Practices Law);

II.) RA 1379 (Forfeiture of Illegally Acquired Wealth);
III.) Crimes by public officers or employees embraced in Ch. II, Sec.2 Title VII, Bk. II of the RPC
(Crimes committed by Public Officers) namely:
a) Direct Bribery under Art. 210
b) Indirect Bribery under Art. 211
c) Qualified Bribery under Art. 211-A
d) Corruption of public officials under Art. 212
IV.) Other offenses or felonies whether simple or complexed with other crimes committed in
relation to their office by the public officials and employees mentioned above;
V.) Civil and Criminal Cases filed pursuant to and in connection with EO 1, 2, 14 & 14-A issued in
1986
VI.) Petitions for issuance of Writ of mandamus, prohibition, certiorari, habeas corpus,
injunction and other ancillary writs and processes in aid of its appellate jurisdiction; Provided,
jurisdiction is not exclusive of the Supreme Court
VII.) Petitions for Quo Warranto arising or that may arise in cases filed or that may be filed
under EO 1, 2, 14 & 14- A
VIII.) OTHERS provided the accused belongs to SG 27 or higher:
a.) Violation of RA 6713 - Code of Conduct and Ethical Standards
b.) Violation of RA 7080 - THE PLUNDER LAW
c.) Violation of RA 7659 - The Heinous Crime Law
d.) RA 9160 - Violation of The Anti-Money Laundering Law when committed by a public
officer

Constitutional provisions on constitutional commissions

De jure v. de facto officers

An officer de facto is to be distinguished from an officer de jure, and is one who has the
reputation or appearance of being the officer he assumes to be but who, in fact, under the law,
has no right or title to the office he assumes to hold. To constitute a de facto officer, there must
be an office having a de facto existence, or at least one recognized by law and the claimant must
be in actual possession of the office under color of title or authority. The basis of the authority of
a de jure officer is that one rests on right.
Qualifications and disqualifications of candidates
1.)Qualifications:
• Citizenship
• Residency
2.)Disqualification:
• False Misrepresentation
• Offenses/Guilt/Criminal Conviction
• Permanent resident of or an immigrant to a foreign