Outline of Nachuras ConstiLaw Outline

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I.

GENERAL PRINCIPLES

A. Political Law, defined

B. Scope/Division of Political Law
1. Constitutional Law
2. Administrative Law
3. Law on Municipal Corporations
4. Law of Public Officers
5. Election Laws
C. Basis of the Study
II.

THE PHILIPPINE CONSTITUTION

A. Nature of the Constitution

1. Definition
2. Purpose
3. Classification
4. Qualities of a good written Constitution
5. Essential Parts of a good written Constitution
6. Interpretation/Construction of the Constitution
B. Brief Constitutional History
C. The 1987 Constitution
D. Amendment
1. Amendment v. Revision
a.
Lambino v. COMELEC
b.
Two-part test
2. Constituent v. Legislative Power
3. Steps in the amendatory process
a. Proposal
i. Congress, by a vote of of all its members
ii. Constitutional Convention
iii. People, through the power of initiative
1. On the Constitution
2. On statutes
3. On Local Legislation
b. Ratification
i. Doctrine of proper submission
1. Plebiscite may be held on the same
day as regular elections
2. Entire Constitution must be submitted
for ratification at one plebiscite only.
Piece-meal amendments not allowed.
4. Judicial Review of Amendments
E. Power of Judicial Review
1. Judicial Review
2. Who may exercise the power
3. Functions of judicial review
a.
Checking
b.
Legitimating
c.
Symbolic
4. Requisites of Judicial Review/Inquiry
a.
Actual case or controversy
b.
Raised by the proper party
c.
Raised at the earliest possible
opportunity
d.
Decision
must
be
determinative of the case itself

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5.

Effects of Declaration of Unconstitutionality, two views:

a.
Orthodox view
b.
Modern view
6. Partial Unconstitutionality, requisites:
The Legislature must be willing to retain the valid portions,
usually shown by the presence of a separability clause
The valid portion can stand independently as law
III.

THE PHILIPPINES AS A STATE

A. Definition of a State
1. Distinguished from Nation
2. Distinguished from Government
B. Elements of a State
1. People
2. Territory
a. The National Territory
b. Components
c. The Philippine Archipelago
d. Other territories over which the
exercises jurisdiction
e. Archipelago doctrine
3. Government
a. Defined
b. Functions
c. Doctrine of Parens Patriae
d. Classification
i. De Jure
ii. De Facto
iii. Presidential
iv. Parliamentary
v. Unitary
vi. Federal
4. Sovereignty
a. Defined
b. Kinds
i. Legal
ii. Internal
c. Characteristics
d. Effects of change in sovereignty
e. Effects of belligerent occupation
f. Dominium v. Imperium
g. Jurisidiction
i. Territorial
ii. Personal
iii. Extraterritorial
C. State Immunity from Suit
1. Basis
2. Par in parem non habet imperium
3. Test to determine if suit against the State
4. Suits against Government Agencies
a. Incorporated
b. Unincorporated
5. Suits against Public Officers
6. Need for Consent
a. Express
i. General Law
ii. Special Law
b. Implied
i. State commences litigation

Philippines

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ii. State enters into a business contract
7. Scope of Consent
8. Suability not equated with outright liability
IV.
FUNDAMENTAL POWERS OF THE STATE
A. General Principles
1. Inherent Powers
- Police Power
- Eminent Domain
- Taxation
2. Similarities
3. Distinctions
4. Limitations
B. Police Power
1. Definition
2. Scope/Characteristics
3. Who may exercise the power
4. Limitations
a. Lawful subject
b. Lawful Means
5. Additional Limitations
a. Express grant by law
b. Within territorial limits
c. Not contrary to law
C. Eminent Domain
1. Definition/Scope
2. Who may exercise the power
3. Requisites for exercise
a. Necessity
b. Private Property
c. Taking in the constitutional sense
i. Valid taking
- private property
- for more than a momentary period
- under warrant or color or authority
- property for public use or
otherwise informally appropriate or
injuriously affected
- utilization of the property must be
in such a way as to oust the owner
and deprive him of beneficial
enjoyment of the property
d. Public use
e. Just compensation
i. Concept
ii. Judicial prerogative
iii. Need to appoint Commissioners
iv. Form of compensation
v. Withdrawal of deposit by rejecting
landowner
vi. Reckoning point of market value of the
property
vii. Entitlement of owner to interest
viii. Who else may be entitled to just
compensation
ix. Title to the property
x. Right of landowner in case of non-payment
of just compensation
f. Due process of law
4. Writ of Possession
5. Plaintiffs right to dismiss the complaint in eminent domain

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6. Right to repurchase or re-acquire the property
7. Expropriation under Sec. 18, Art. XII
8. Expropriation under Sec. 4 and 9, Art. XIII
D. Taxation
1. Definition
2. Who may exercise
3. Limitations on the exercise
a. Due Process
b. EPC
c. Public purpose
4. Dpuble Taxation
5. Tax Exemptions
6. Police Power v. Taxation
a. License fee v. Tax
b. Kinds of license fee
i. For useful occupations or enterprises
ii. For non-useful occupations or enterprises
amount may be a bit exorbitant
7. Supremacy of the national government over LGUs in
taxation
V.

PRINCIPLES AND STATE POLICIES

A. Preamble
1. Does not confer rights nor impose duties
2. Indicates authorship
3. Enumerates primary aims and aspirations
4. Aids in the construction of the Constitution
B. Republicanism
1. Essential features
- Representation
- Renovation
2. Manifestations
a. Ours is a government of laws and not of men
b. Rule of the majority
c. Accountability of public officials
d. Bill of Rights
e. Legislature cannot pass irrepealable laws
f. Separation of powers
i. Purpose
ii. La Bugal
iii. Not doctrinaire nor with pedantic rigor, not
independence but interdependence
iv. Principle of Blending of Powers
v. Principle of Checks and Balances
vi. Role of the Judiciary
g. Delegation of Powers
i. Potestas delegata non potest delegare
ii. Permissible delegation
1. Tariiff Powers to the President
2. Emergency
Powers
to
the
President
3. Delegation to the People
a. Referendum
b. Plebiscite
4. Delegation to LGUs
5. Delegation
to
Administrative
Bodies
iii. Tests for valid delegation
1. Completeness Test
2. Sufficient Standard Test

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C. The Incorporation Clause
1. Renunciation of War
2. Doctrine of Incorporation
a. Generally accepted principles of international law
refers to norms of general or customary
international law which are binding on all states
b. How international law becomes part of the sphere
of domestic law
i. By Transformation
ii. By Incorporation
c. When applied
d. Lex posterior derogat priori
D. Civilian Supremacy
E. Duty of Government; people to defend the State
Right to Bear Arms
F. Separation of Church and State
G. Independent foreign policy and nuclear-free Philippines
H. Just and Dynamic Social Order
I. Promotion of Social Justice
J. Respect for human dignity and human rights
K. Family and youth
L. Fundamental equality of men and women
M. Promotion of health and ecology
N. Priority to education, science, technology, etc.
O. Protection to labor
P. Self-reliant and independent economic order
Q. Land Reform
R. Indigenous cultural communities
S. Independent peoples organizations
T. Communication and information in nation-building
U. Autonomy of local government
V. Equal access of opportunities for public service
W. Honest public service and full public disclosure
VI.

BILL OF RIGHTS

A. In General
1. Definition
a. Civil Rights
b. Political Rights
B. Due Process of Law
1. Origin
2. Definition
3. Who are protected
4. Meaning of life, liberty and property
a. Life
b. Liberty
c. Property
5. Aspects of due process
a. Substantive
b. Procedural
i. An impartial court or tribunal clothed with
judicial power to hear and determine the
matter before it
ii. Jurisdiction must be lawfully acquired over
the person of the defendant and over the
property which is the subject matter of the
proceeding
iii. The defendant must be given an
opportunity to be heard
iv. Judgment must be rendered upon lawful
hearing

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6. Publication as part of due process
7. Appeal and due process
8. Preliminary investigation and due process
9. Administrative due process
C. Equal Protection of the Laws
1. Meaning; Persons Protected
2. Scope of Equality
a. Economic
b. Political
c. Social
3. Valid classification
a. Substantial distinctions
b. Germane to the purpose of the law
c. Not limited to existing conditions only
d. Applies equally to all members of the same class
D. Searches and Seizures
1. Scope of the protection
2. Some Procedural Rules
3. Only a judge may validly issue
a. Exception
b. Harvey v. Santiago
4. Requisites of a Valid Warrant
a. Probable Cause
b. Determination personally by a judge
i. Issuance of a warrant of arrest
ii. Issuance of a search warrant
c. After examination, under oath or affirmation, of the
complainant and the witnesses he may produce
d. Particularity of description
i. General warrants
ii. Warrant of Arrest
iii. Search Warrant
5. Properties subject to seizure
Subject of the offense
Stolen or embezzled property and other proceeds
or fruits of the offense
Property used or intended to be used as means for
the commission of an offense
6. Conduct of the Search
7. Warrantless Arrests
a. When the person to be arrested has committed, is
actually committing, or is attempting to commit an
offense in his presence
i. Rebel may be arrested at any time, with or
without a warrant
ii. Hot Pursuit
iii. Buy-Bust Operation is a valid in flagrante
arrest
b. When an offense had just been committed and
there is probable cause to believe, based on his
personal knowledge of facts or of other
circumstances, that the person to be arrested has
committed the offense
c. When the person to be arrested is a prisoner who
has escaped from a penal institution or place
where he is serving final judgment or temporarily
confined while his case is pending, or has escaped
while being transferred from one confinement to
another
d. When the right is voluntarily waived
8. Warrantless Searches
a. When the right is voluntarily waived

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b.
c.
d.
e.
f.

E.

F.

G.

H.

Stop-and-frisk
Search and seizure is an incident to lawful arrest
Search of vessel and aircraft
Moving vehicles
Inspection of buildings and other premises for the
enforcement of fire, sanitary and building
regulations
g. Where prohibited articles are in plain view
Elements:
i. Prior valid intrusion
ii. Evidence inadvertently discovered
iii. Evidence immediately apparent
iv. Plain view justified the seizure
h. Search and seizure under exigent and emergency
circumstances
i. Arial target zoning or Saturation Drives
9. Exclusionary Rule
Privacy of Communications and Correspondence
1. Inviolability
2. Mantle over tangible and intangible objects
3. Zulueta v. CA
4. Waterous Drug v. NLRC
5. Exclusionary Rule
Freedom of Expression
1. Scope
2. Aspects
a. Freedom from censorship or prior restraint
b. Freedom from subsequent punishment
i. Libel
ii. Obscenity
iii. Criticism of official conduct
iv. Right of students to free speech in school
premises not absolute
3. Tests of valid governmental interference
a. Clear and Present Danger Rule
b. Dangerous Tendency Rule
c. Balancing of Interests Test
4. Assembly and Petition
Freedom of Religion
1. Two guarantees
2. Non-establishment clause
a. Exceptions
b. Scope
i. Adong v. Cheong Seng Gee
ii. Laws which punish blasphemy
iii. Islamic Dawah v. Exec. Sec.
iv. Intramural religious dispute
3. Free Exercise clause
a. Aspects of freedom of religious profession and
worship
i. Right to believe
ii. Right to act according to ones belief
1. Compelling State Interest Test
2. State regulations on solicitations
Liberty of Abode and of Travel
1. Limitation on liberty of abode\
a. Villavicencio v. Lukban
i. Ruby v. Provincial Board
b. UDHR 13
2. Limitations on the right to travel
a. Phil. Exporters v. Drilon
b. Manotoc v. CA

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I.

J.

K.

L.
M.

Right to Information
1. Scope
2. Need for publication reinforces the right
3. Some cases
a. Aquino-Sarmiento v. Morato
b. Echegaray v. Sec. of Justice
c. In Re Coverage of Erap Plunder cases
i. AVR only for documentary purpose, not for
live or real-time broadcast
d. Bantay RA 7941 v. Comelec
e. Hilado v. Reyes
Right to form associations
1. Scope
a. Right to strike
2. Right not absolute
Non-impairment Clause
1. Impairment must be substantial. Law must effect change in
right of the parties with regard to each other, and not with
respect to non-parties
a. Impairment
2. Limitations
a. Police Power
b. Eminent Domain
c. Taxation
3. Franchises, privileges, licenses do not come within the
provision
Free Access to Courts
Miranda Doctrine
1. Source: Miranda v. Arizona
2. Rights available only during custodial investigation
a. When does it begin
b. Police Line-up
c. Not custodial investigation
d. Rights refer to testimonial compulsion only
3. What rights are available
a. Remain silent
b. Competent and independent counsel
c. Informed of such rights
d. Rights cannot be waived, except...
e. No torture, force...which vitiates free will
f. Secret detention places...prohibited
g. Confessions/Admissions inadmissible
i. Two kinds of coerced confessions
1. Coerced confessions
2. Uncounselled statements
4. Applicability
5. Waiver
a. Must be in writing and made in the presence of
counsel
b. No retroactive effect
c. Burden of proof
d. What may be waived
6. Guidelines for Arresting/Investigating Officers. Must inform
person of:
a. In language known and understood by him, of the
reason for the arrest and he must be shown the
warrant of arrest
b. right to remain silent, and any statement made may
be used against him
c. right to be assisted at all times and have the
presence of counsel
d. if he has no counsel, he shall be provided with one

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e.
f.
g.
h.

custodial investigation only when there is counsel

right to communicate or confer
right to waive any rights provided
waiver of right to a lawyer must be in writing and
with assistance of a lawyer
i. he may indicate any manner at any time or stage of
the process that he does not wish to be questioned
j. initial waiver does not bar him from invoking it at
any time during the process
k. any statement or evidence obtained in violation
shall be inadmissible
7. Exclusionary Rule
a. Fruit of the poisonous tree
b. Receipt of seized property inadmissible
c. Re-enactment of the crime
d. Res gestae
e. Waiver of exclusionary rule
N. Right to Bail
1. Defined
2. When invoked
3. Exceptions
a. When charged with an offense punishable by RP
and evidence of guilt is strong
b. Traditionally, not available to military
4. Duty of the court when accused charged with offense
punishable by RP or higher
5. Bail is either a matter of right, or at the judges discretion,
or it may be denied
a. Bail, a matter or right
b. Bail, when discretionary
c. When shall be denied
6. Standards for fixing bail
7. Right to bail and travel abroad
8. Right to bail and extradition
O. Constitutional Rights of the Accused
1. Criminal Due Process
a. Mejia v. Pamaran
b. Unreasonable delay in resolving complaint
c. Impartial court or tribunal
d. Right to a hearing
e. People v. Webb
f. Erap v. Sandiganbayan
g. Plea of guilt to a capital offense
h. State and offended party entitled to due process
2. Presumption of innocence
a. Proof against accused must survive the test of
reason
b. When presumption not overcome
c. Presumption of regularity cannot, by itself, prevail
over constitutional presumption of innocence
d. Logical connection between fact proved and
ultimate fact presumed
e. Presumption may be overcome by contrary
presumptions based on experience of human
conduct
f. Ong v. Sandiganbayan
g. Circumstantial Evidence
h. Equipoise Rule
3. Right to be heard by himself and by counsel
a. The right to counsel during the trial is not subject to
waiver

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P.

Q.

R.

S.
T.

b. Decision of conviction set aside when appointment

of counsel was pro forma and counsel did not exert
best efforts
c. Some instances when right cannot be waived
d. Preference in choice of counsel applies to person
under investigation rather to accused in criminal
prosecution
e. Client bound by mistakes of lawyer, except when
negligence or incompetence of counsel is deemed
so gross as to have prejudiced the constitutional
right of the accused
4. Right to be informed of the nature and cause of the
accusation against him
a. Rationale
b. Requisites
c. Void-for-vagueness rule
d. Waiver
5. Right to speedy, impartial and public trial
a. Speedy Trial
b. Impartial Trial
c. Public Trial
6. Right to meet witnesses face to face
7. Right to compulsory process to secure attendance of
witnesses and production of evidence
a. Requisites:
i. Evidence is really material
ii. Accused is not guilty of neglect in
previously obtaining the production of such
evidence
iii. Evidence will be available at desired time
iv. No similar evidence can be obtained
8. Trial in absentia
a. When presence of accused mandatory
i. Arraignment and plea
ii. During trial for identification
iii. During promulgation of sentence, unless
for a light offense wherein accused may
appear by counsel or representative
Habeas Corpus
1. Defined
2. When available
3. Procedure
4. Grounds for suspension
5. Suspension does not suspend right to bail
Speedy Disposition of Cases
1. Cadalin v. POEA Administrator
2. BInay v. Sandiganbayan
a. Licaros v. Sandiganbayan
3. Tilendo v. OMB
4. Roque v. OMB
5. Abadia v. CA
6. Guerrero v. CA
Self-incrimination
1. Availability
2. Scope
3. Immunity
4. Waiver
Non-detention by reason of political beliefs or aspirations
Involuntary Servitude
1. Reinforced by RPC 272 PM and 10K fine to anyone who
shall purchase, sell, kidnap or detain human being for the
purpose of enslaving him

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2. Exceptions
- punishment for a crime whereof one has been duly
convicted
- service in defense of the State
- naval enlistment
- posse comitatus
- return to work order in industries affected with public
interest
- patria potestas
U. Prohibited Punishments
1. Mere severity does not constitute cruel or unusual
punishment
2. Death penalty is not a cruel or unusual punishment
a. Plea of guilt in capital offenses
3. Automatic review
V. Non-imprisonment for Debt
1. Serafin v. Lindayag
2. Lozano v. Martinez
3. People v. Judge Nitafan
W. Double Jeopardy
1. Requisites
a. Valid complaint or information
b. Filed before a competent court
c. To which the defendant had pleaded
i. When the accused, after pleading guilty,
testified to prove MC, the testimony had
the effect of vacating his plea of guilty
d. Defendant was previously acquitted or convicted,
or the case dismissed or otherwise terminated
without his express consent
i. Mere filing of two informations or
complaints charging the same offense
does not yet place the accused in double
jeopardy
ii. No double jeopardy where the accused
was sentenced to plea bargaining
approved by the court but without the
consent of the fiscal. (fiscal consent
necessary)
iii. Promulgation of only one part of the
decision is not a bar to the promulgation of
the other part
iv. Dismissal of action
Permanent dismissal
Provisional dismissal
1. When the ground for the motion to
dismiss is insufficiency of evidence
2. When the proceedings have been
unreasonably prolonged as to violate
the right of the accused to speedy trial
v. Revival of criminal cases provisionally
dismissed
vi. Appeal by the prosecution
1. Three relate protections provided
by DJ
a. Against
a
second
prosecution for the same
offense after acquittal
b. --- after conviction
c. Against
multiple
punishments for the same
offense

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vii.
viii.

2. After trial on the merits, an

acquittal is immediately final and
cannot be appealed. The only
exception; mistrial resulting in
denial of due process
3. Court acted without JD when it
dismissed
the
case
merely
because none of the witnesses
notified by the court appeared
during pre-trial
Discharge of co-accused
Where the judge amended her
decision of acquittal because she
overlooked the testimony of a
witness, the amended decision is
void

4. Crimes Covered
5. Doctrine of supervening event
a. Not a bar when:
- graver offense developed due to supervening facts
arising from the same act or omission
- the facts constituting the graver offense arose or
were discovered only after the filing of the former
complaint or information
- the plea of guilty to a lesser offense was made
without the consent of the fiscal or the offended
party
X. Ex-Post Facto Law and Bill of Attainder
1. Ex Post Facto Law
a. Kinds
i. Makes criminal action done before the
passage of the law and which was
innocent when done, and punishes such
action
ii. Aggravates a crime, makes it greater
than it was when committed
iii. Changes punishment and inflicts greater
punishment
iv. Alters legal rules of evidence and
receives less or different testimony than
the law required at the time of
commission of the offense in order to
convict
v. Assuming to regulate civil rights,
imposes a penalty or deprivation of right
for something which when done was
lawful
vi. Deprives accused of a crime of some
lawful protection to which they have
become entitled, such as the protection
of a former conviction or acquittal, or of a
proclamation of amnesty
b. Characteristics
i.
Refers to criminal matters
ii.
Retroactive, and
iii.
Prejudices the accused
c. Some Cases
2. Bill of Attainder
a. Defined legislative act that inflicts punishment
without trial
b. Characteristics substitutes legislative fiat for a
judicial determination of guilt

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VII.

Anti-Subversion Act is not a Bill of Attainder because it

does not specify the Communist Party or its members for
the purpose of punishment, it simply declares the party to
be an organized conspiracy to overthrow the government
CITIZENSHIP

A. General Principles
1. Defined
2. Usual modes of acquiring citizenship
3. Modes (by birth) applied in the Philippines
a. Before 1935 Constitution
i. Jus Sanguinis
ii. Jus soli
b. After 1935 Constitution
i. Jus sanguinis
4. Natural-born citizens
5. Marriage by Filipino to an alien
6. Policy against dual allegiance
7. Attack on ones citizenship may be made only through a
direct proceeding
8. Res judicata in citizenship cases
B. Citizens of the Philippines
1. Those citizens of the Philippines at the time of the 1987
Constitution
a. Valles v. COMELEC
b. Roa doctrine
c. Caram provision
2. Those whose mothers or fathers are citizens of the
Philippines
3. Those born before Jan. 17, 1973, of Filipino mothers, who
elect Philippine citizenship upon reaching the age of
majority
a. Procedure for election
b. When to elect
c. Cu v. RP
d. Villahermosa v. Commissioner of Immigration
e. RP v. Chule Lim
4. Those naturalized in accordance with law
C. Naturalization
1. Modes of naturalization
a. Direct
b. Derivative
2. Doctrine of indelible allegiance
3. Direct naturalization under Philippine laws
4. Naturalization under CA 473
a. Qualifications
b. Disqualifications
c. Procedure
d. Effects of Naturalization
e. Denaturalization
5. Naturalization by direct legislative action
6. Administrative Naturalization
D. Loss and Reacquisition of Philippine Citizenship (CA 63)
1. Loss of citizenship
a. By naturalization in a foreign country
b. By express renunciation of citizenship
c. By subscribing to an oath of allegiance
d. By rendering service to or accepting commission in
the armed forces of a foreign country

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e. By cancellation of the certificate of naturalization
f. By having been declared by competent authority a
deserter of the Philippine armed forces in time of
war
2. Reacquisition of citizenship
a. Taking oath or allegiance
b. By naturalization
c. By repatriation
d. By direct act of Congress
VIII. THE LEGISLATIVE DEPARTMENT
A. The Legislative Power
1. Definition
2. Where Vested
a. Congress to provide a system of initiative and
referendum
i. Enabling Act
1. Initiative and Referendum defined
2. Prohibited measures
3. Local Initiative
4. Limitations on Local Initiative
B. Congress
1. Composition
2. Bicameralism v. Unicameralism
C. Senate
1. Composition
2. Qualifications
3. Term of Office
a. Limitation
D. House of Representatives
1. Composition
a. District representatives
b. Party-list representatives
c. Sectoral representatives
2. Apportionment of legislative districts
a. Inhabitants
b. Territory
c. Reapportionment
i. Mariano v. Comelec
Tobias v. Abalos
ii. Montejo v. Comelec
iii. Sema v. Comelec
3. Qualifications
a. IRM v. Comelec
b. Aquino v. Comelec
c. Coquilla v. Comelec
4. Term of Office
5. The Part-List System
a. Definition of Terms
i. Party
ii. Political party
iii. Sectoral party
iv. Sectoral organization
v. Coalition
b. Registration; Manifestation to participate
c. Refusal and/or Cancellation of Registration
d. Nomination of Representatives
e. Qualifications of Nominees
f. Manner of Voting
i. Bantay RA v. Comelec

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E.
F.
G.

H.
I.
J.

K.
L.
M.
N.
O.
P.
Q.

R.
S.

g. Number
i. Veterans v. Comelec
1. PM and Butil v. Comelec
ii. Ang Bagong Bayani v. Comelec
h. Choosing a Representative
i. Effect of change of affiliation
j. Vacancy
k. Term of office; rights
Election
1. Regular
2. Special
Salaries
Privileges
1. Freedom from arrest
a. RPC 145
b. People v. Jalosjos
c. Trillanes v. Pimentel
2. Privilege of speech and debate
a. Osmena v. Pendatun
Disqualifications
1. Incompatible office
2. Forbidden office
Other inhibitions
1. Appearing personally as counsel
2. Full disclosure
Sessions
1. Regular
2. Special
3. Joint
a. Voting separately
i. Choosing the president
ii. Determine presidents disability
iii. Confirming nomination of the VP
iv. Declaring existence of a state of war
v. Proposing constitutional amendments
b. Voting jointly
4. Adjournment
Officers
Quorum
Rules of Proceedings
Discipline of members
Records and books of accounts
Legislative Journal and the Congressional Record
1. Entered in the journal
2. Enrolled Bill Theory
Electoral Tribunals
1. Composition
a. HRET
b. SET
c. Doctrine of Primary Jurisdiction
2. Power
a. Sampayan v. Daza
b. Vinzons-Chato v. Comelec
c. ET independent of the Houses. Its decisions may
not be reviewed by the SC, except when there is
grave abuse of discretion
Commission on Appointments
1. Composition
2. Powers
Powers of Congress
1. General/Plenary legislative power
2. Appropriation

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3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

Taxation
Legislative Investigation
Question Hour
War Powers
Act as Board of Canvassers in Election of President
Call special election for President and VP
Judge presidents physical fitnessto discharge the functions
of the Presidency
Revoke or extend suspension of the privilege of WHC or
declaration of martial law
Concur in Presidential amnesties.
Concur in treaties or international agreements
Confirm appointments/nominations made by the President
Impeachment
Relative to natural resources
Propose amendments to the Constitution

IX. THE EXECUTIVE DEPARTMENT

A. The President
1. Qualifications
2. Election
a. Regular
b. Congress as canvassing board
i. Overseas Absentee Voting Act
ii. Lopez v. Senate: Congress may delegate initial
determination of authenticity and due
execution of certificates of canvass to a Joint
Congressional Committee
iii. Pimentel v. Joint Committee
iv. Brillantes v. COMELEC
c. Supreme Court as PET
3. Term of Office
4. Oath of Office
5. Privileges
a. Official Residence
b. Salary
c. Immunity from Suit
i. Estrada v. Desierto
ii. Gloria v. CA
d. Executive Privilege
i. Senate v. Ermita
ii. Neri
e. Prohibitions/Inhibitions
6. Prohibitions/Inhibitions
a. Shall not receive any other emoluments from the
government or any other source
i. Republic v. Sandiganbayan
b. Unless provided in the Constitution, shall not hold
any other office or employment
c. Not directly or indirectly practice any other
profession, participate in business, or be financially
interested in any contract/franchise/privilege
granted by government
d. Avoid conflict of interest
e. Not appoint spouse or relatives by consanguinity or
affinity within the fourth civil degree.
7. Rules on Successions
a. Vacancy at the beginning of the term
i. Death or permanent disability
ii. Fails to qualify

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iii. Not chosen
iv. Senate President, then Speaker, then
Congress-chosen succeeds
b. Vacancy during term
i. Death, permanent disability, removal from
office, resignation of President
1. Erap v. GMA:
ii. Death, permanent disability, removal from
office, resignation of President and VP
c. Temporary disability
d. Constitutional duty of Congress in case of vacancy
in the offices of President and Vice-President
8. Removal of the President BY impeachment
B. The Vice-President
1. Qualifications, election, term of office, removal
2. Vacancy in the office of the Vice-President
C. Powers of the President
1. The Executive Power
a. NEA v. CA:
b. Authority to reorganize the OP
c. Executive power vested in the President
d. Malaria Employees v. Romulo
e. Not for the President to determine the validity of a
law
2. Power of Appointment
a. Appointment
b. Appointments, classified
i. Permanent or Temporary
i.a. Valencia v. Peralta
i.b. Binamira v. Garrucho
ii. Regular or ad interim
ii.a. PLM v. IAC
ii.b. Matibag v. Benipayo
c. Officials appointed by President
i. President
shall
nominate,
with
Commission on Appointments
Heads of executive departments
Ambassadors, other public ministers
and consuls
Officers of armed forces from colonel
to navy captain
Those whose appointment vested by
the Constitution
i.a. Sarmiento v. Mison:
ii.b. Spriano v. Lista
ii. President shall appoint
All other appointments not provided
by law
Authorized to appoint
ii.a. Bautista v. Salonga:
ii.b. Tarrosa v. Singson:
ii.c. Rufino v. Endriga:
d. Steps in the appointing process

Nomination by the President

Confirmation by the CoApp

Issuance of the commission

Acceptance by the appointee

e. Discretion of Appointing Authority
Pimentel v. Ermita
f.
Special Constitutional Limitations on the
Presidents appointment power

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3.

4.

May not appoint spouse and 4dra/c as

ConComm
member,
OMB,
Usec,
Bureau/Office
chair/heads,
including
GOCCs

Appointments
by
acting
President
ineffective unless revoked by Presidentelect within 90 days from assumption of
office

2 months before next presidential election,

President shall not appoint, except
temporary appointments to executive
positions where continued vacancies will
prejudice public service or endanger
safety
De Rama v. CA
In Re Mateo Valenzuela
g. Power of Removal
ii. CSC members appointed by President may be
directly disciplined by him
iii. Cabinet members may be replaced any time,
term expired
Power of Control
a. Control
i. Malaria Employees v. Romulo
b. Alter-ego principle
i. Lacson-Magallanes v. Pano
ii. DENR v. DENR Region 12
iii. Gloria v. CA
c. Appeal
d. Power exercised over acts, not actors
e. SBMA under OP
f. Control of Justice Secretary over prosecutors
g. General supervision over LGUs
Judge Dadole v. COA
Drilon v. Lim
Pimentel v. Aguirre
Military Powers
a. Commander-in-chief clause
i. Gudani v. Senga
ii. Call out armed forces to prevent or suppress lawless
violence, invasion or rebellion
iii. Organize courts martial for the discipline of AFP
members, create military commissions for the
punishment of war criminals
Olaguer v. Military Commission
Navales v. General Abaya
Gudani v. Senga
b. Suspension of privilege of writ of habeas corpus
i. Grounds
ii. Duration
iii. Duty of President
iv. Congress may revoke or extend effectivity of
proclamation by majority vote, voting jointly
v. Supreme Court may review
vi. Not impair right to bail
vii. Applies only to persons judicially charged for
rebellion or offenses inherent or directly connected
with invasion
viii. During suspension of writ, any person thus
arrested/detained shall be judicially charged within 3
days, otherwise, he shall be released

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c.

5.

6.
7.
8.
9.
10.

Martial Law
Constitutional limitations same as suspension
of PWHC
Pardoning Power
a. Definitions
i. Pardon
ii. Commutation
iii. Reprieve
iv. Parole
v. Amnesty
b. Exercise by the President
c. Limitations on exercise
i. Cannot be granted in cases of
impeachment
ii. Cannot be granted in cases of violation of
election
laws
without
favorable
recommendation of the COMELEC
iii. Can be granted only after conviction by
final judgment
iv. Cannot be granted in cases of legislative
contempt or civil contempt
v. Cannot absolve the convict of civil liability
vi. Cannot restore public offices forfeited
d. Pardon, classified
i. Plenary or partial
ii. Absolute or conditional
Conditional pardon is a contract
between the Chief Executive and
the convicted criminal
e. Amnesty
i. People v. Patriarca
ii. Vera v. People
iii. People v. Casido
Borrowing Power
Diplomatic Power
a. Commissioner of Customs v. Eastern Sea Trading
b. Bayan v. Executive Secretary
Budgetary Power
Informing Power
Other Powers
a. Call Congress to a special session
b. Power to approve or veto bills
c. Consent to deputation of government personnel by
the COMELEC
d. Discipline such deputies
e. By delegation from Congress, emergency powers
f. General supervision over LGUs and autonomous
regional governments

X. JUDICIAL DEPARTMENT
A. The Judicial Power
1. Defined
a. Political question outside the territory of courts
b. Tocao v. CA
c. De Leon v. CA
2. Where Vested
3. Jurisdiction
a. Congress has the power to define, prescribe, and
apportion the jurisdiction of various courts, but

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B.

C.
D.

E.

may not deprive the SC of its JD over cases

enumerated in Art. 8, Sec. 5
b. No law shall be passed increasing the appellated
jD of the SC as provided in the Constitution
without its advice and concurrence
Constitutional Safeguards to Insure Independence of the
Judiciary
1. SC is a constitutional body; it may not be abolished by the
legislature
2. SC members removable only by impeachment
3. SC may not be deprived of its minimum original and
appellate JD; appellate JD may not be increased without
advice and concurrence
4. SC has administrative supervision over all inferior courts
and personnel
5. SC has exclusive power to discipline judges and justices of
inferior courts
6. Judiciary members have security of tenure
7. Members of the Judiciary may not be designated to any
agency performing quasi-judicial or administrative
functions
8. Salaries of judges may not be reduced; the Judiciary
enjoys fiscal autonomy
Fiscal autonomy contemplates a guarantee of
flexibility to allocate and utilize their resources. DBM
cannot downgrade the positions and salary grades of
two positions in the PhilJA.
9. Only the SC may initiate and promulgate the ROC
10.Only the SC may order temporary detail of judges
11. The SC can appoint all officials and employees of the
Judiciary
The Power of Judicial Review/Inquiry
Appointment to the Judiciary
1. Qualifications
a. Supreme Court
b. Lower Collegiate Courts
c. Lower Courts
2. Procedure for Appointment
a. Appointed by the President from a list of at least 3
nominees prepared by the JBC for every vacancy;
appointment does not need confirmation
b. Vacancy in the SC to be filled within 90 days from
occurence thereof
c. For lower courts, President shall issue appointment
within 90 days from submission by the JBC from
such list.
Midnight appointment prohibition applies.
3. The Judicial and Bar Council
a. Composition
i. Ex-officio members: CJ as Chair, Justice
Secretary, representative from Congress
ii. Regular members: IBP representative, Law
professor, retired SC justice, private sector
representative
iii. Secretary ex-officio: SC clerk
b. Appointment: Regular members appointed by the
President for a term of 4 years, with CoApp consent.
SC determines emoluments.
c. Powers/Functions: Recommend appointees to the
Judiciary. Those assigned by the SC
The Supreme Court
1. Composition

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2. En Banc/Division Cases
a. En banc
b. Division
3. Powers
a. Original jurisdiction
b. Appellate jurisdiction
c. Temporary assignment of judges
d. Order change of venue
e. Rule-making power
f. Power of Appointment
g. Power of Administrative Supervision
h. Annual Report
4. Consultations/SC Decisions
a. Conclusions submitted for decision shall be
reached in consultation before the case is assigned
to a member for writing the opinion. Certification to
this effect issued by CJ. Reqt applicable to lower
collegiate courts.
b. Decision shall state clearly and distinctly the facts
and the law on which it is based
c. No petition for review or MR shall be refused due
course or denied without stating the legal basis
therefor
F. Tenure of Judges/Justices
1. Supreme Court
2. Lower Courts
G. Salaries
H. Periods for Decision
1. All cases filed after the effectivity of the Constitution must
be decided or resolved, from date of submission, within:
SC 24 months
Lower collegiate courts 12 months
Lower courts 3 months
In the last 2, SC may reduce + certification
stating reason for delay
2. Despite expiration of the mandatory period, the court,
without prejudice to such responsibility as may have been
incurred in consequence thereof, shall decide or resolve
the case or matter submitted to it without further delay
3. Period merely directory, being procedural in nature
XI. CONSTITUTIONAL COMMISSIONS
A. General Provisions
1. The independent constitutional commissions are the CSC,
COMELEC and COA
2. Safeguards insuring the independence of the Commissions
a. They are constitutionally creates; may not be
abolished by statute
b. Independent
c. Conferred certain powers and functions which
cannot be reduced by statute
d. Chairmen and members cannot be removed,
except by impeachment
e. Chairmen and members given 7 year-terms
f. Chairmen and members may not be reappointed or
appointed in an acting capacity
i. When an ad interim appointment is not
confirmed, another ad interim appointment
may be extended to the appointee without
violating the Constitution

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g. Salaries of the chair and members are relatively
high and may not be decreased during office
h. Commissions enjoy fiscal autonomy
i. Congress is not prohibited from reducing the
appropriations of the ConComs below the amount
appropriated for them for the previous year
j. May promulgate own procedural rules, provided,
they do not diminish, increase or modify
substantive rights
k. Chair
and
members
subject
to
certain
disqualifications calculated to strengthen their
integrity
l. May appoint their own officials and employees in
accordance with Civil Service Law
3. Inhibitions/Disqualifications
a. Not hold any other office or employment during
tenure
b. Not engage in the practice of any profession
c. Not engage in the active management or control of
any business which in any way may be affected by
the functions of his office
d. Not be financially interested in any contract with or
in any franchise or privilege granted by the
Government, any of its subdivisions, agencies or
instrumentalities, including GOCCs or their
subsidiaries
4. Rotational Scheme of Appointments
First appointees to serve 7,5,3 years resp. to prevent the
possibility of one President appointing all the
Commissioners.
Two conditions:
i. Terms if the first Commissioners should
start on a common date
ii. Any vacancy due to death, disability or
recognition before the expiration of the
term should be filled only for the unexpired
balance of the term
5. Decisions
a. Majority vote, within 60 days from the date of
submission for decision or resolution
i. All members, not limited to those who
participated in the deliberations and voted
therein
ii. When Commissioners who participated in
the
deliberations
retired
before
promulgation, their votes shall be
considered withdrawn.
iii. 60-day period; framers did not intend
overly strict adherence
b. Any decision, order or ruling of each Commission
may be brought to the SC on certiorari within 30
days from receipt of copy
i. When SC reviews Comelec decision ~
extraordinary JD; proceeding limited to
grave abuse; Rule 65 is the proper remedy
ii. Only when COA acts without or in excess
of JD, or with grave abuse of discretion
amounting to lack or excess of JD< may
the court entertain a petition for certiorari
under Rule 65
iii. Final resolutions of the CSC shall be
appealable by certiorari to the CA within 15

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days from the receipt of a copy thereof.
From the CA, 45 to SC.
6. Enforcement of Decision
Final decisions of the CSC are enforceable by a writ of
execution that the CSC may itself issue.
B. The Civil Service Commission
1. Composition
Chair + 2 Commissioners
- natural-born
- 35 yo at time of appointment
- proven capacity for pubad
- not a candidate for any elective position in the
immediately preceding election
Appointed with the consent of the CoApp for 7 years
without reappointment.
2. Constitutional Objectives/Functions
- Central personnel agency
- Power to hear and decide admin cases instituted before it
directly or on appeal, including contested appointments
- CSC has original JD to hear and decide a complaint for
cheating in the CS exams it gave
- decisions of lower level officials appealed to agency head,
then to CSC. RTC NO JD over personnel actions
3. Scope all BISA of the Govt, inc. GOCCs with original
charters (chartered by special law)
4. Classes of Service
a. Career Service entrance based on merit, or on
highly techinical qualifications; opportunity for
advancement to higher positions; security of tenure
Open career positions qualification from exam
Closed career positions scientific or highly techinical
Career Executive Service Usec, Bureau directors
Career Officers appointed by the President
AFP
Personnel of GOCCs with original charters
Permanent laborers
i. Career Executive Service
ii. Security of Tenure in CES, requisites:
1. CES eligibility
2. Appointment to the appropriate
rank
* A CES officer may be transferred
or reassigned from one position to
another without losing his rank
which follows him
b. Non-Career Service based on other than usual
tests; tenure limited to period specified by law, or
coterminus
Elective officials, their personal and confidential staff
Department heads, cabinet rank and their personal and
confidential staff
Chair and members of Commissions with fixed term of
office and their personal and confidential staff
Contractual personnel
Emergency and seasonal personnel
CSC empowered to declare positions in the Civil Service as
primarily confidential
5. Appointments in the Civil Service merit + competitive
exams (xc. Policy determining, primarily confidential
[proximity rule; close intimate relationship which ensures

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freedom of discussion], or highly technical positions as
determined by the nature of the position)
GR: A permanent appointment can issue only to a
person who possesses all the requirements
XC: Where appointed merely in a temporary
capacity for a period of 12 months to prevent a hiatus
6. Disqualifications
- Loser, 1 year after elections
- Elective official
- City Mayor cannot be appointed Administrator of SBMA
- Appointive officials, any other office in the Govt...
7. Security of Tenure
GR: No officer or employee of the civil service shall be
removed or suspended except for cause provided by law
a. Non-compliance with the Civil Service Law
constitutes denial of the right to security of tenure
i. Presidential
appointee
under
direct
disciplinary of the President
ii. Uncontested transfer resulting in demotion
in rank or salary is a violation of the
security of tenure
iii. Illegally dismissed employee ordered
reinstated considered not having left his
office entitled to backwages
1. XC where reinstatement was not a
result of exoneration but of
liberality
2. Payment of backwages during
suspension of a civil servant who
is subsequently reinstated only
awarded when he is found
innocent and the suspension is
unjustified
iv. Security of tenure in Career Executive
Service pertains only to rank, not to
position
b. Valid abolition of office does not violate security of
tenure
i. Reorganization does not necessarily result
in abolition of the office, and does not
justify the replacement of permanent
officers and employees
c. A career service officer unlawfully ousted from
office only has 1 year to file an action in court to
recover his office (otherwise, right prescribes)
d. Summary dismissal under Civil Service Law:
- repealed
e. Appellate JD of CSC
- Merit System Protection Boardss decision in
administrative
disciplinary
cases
involving
imposition of suspension, fine, demotion, transfer,
removal or dismissal --- NOT over MSPB decisions
exonerating the respondent
- can be made only by the party affected by the
MSPB decision
f. GR: He who, while occupying one office, accepts
an incompatible office, ipso fact vacates the firt
office and his title is terminated without any other
act of proceeding
i. Canonizado v. Aguirre: Removal by virtue
of a constitutionally infirm act negates a
finding of voluntary relinquishment

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8. Partisan Political Activity
a. Applies also to military
b. Exempt: Cabinet members, public officers and
employees holding political offices
9. Right to Self-Organization
a. Government employees not allowed to strike
10. Protection to Temporary Employees
11. Standardization of Compensation fixed by Congress
12. Double Compensation
13. Oath of Allegiance
C. The COMELEC
1. Composition
a. Composition
b. En banc and division cases
i. Cases heard and decided indivision:
ii. Exceptions
iii. In election cases, Comelec division should
hear
first,
provided
exercises
its
adjudicatory or quasi-judicial functions
iv. Comelec decisions reviewable by SC
c. Comelec en banc promulgates rules concerning
pleadings and practice before it or any of its
offices, but may not diminish, increase or modify
substantive rights
2. Constitutional powers and functions
a. Enforce and administer all laws and regulations
relative tot he conduct of an election, plebescite,
initiative, referendum or recall
i. Definitions
1. Initiative
2. Referendum
3. Recall
4. Plebescite
ii. Broad powers
iii. Regulatory power
iv. No pardon, amnesty, parole for violation of
election laws granted by President without
Comelec recommendation
v. Comelec cannot exercise power of
apportionment
vi. Power to declare failure of elections
vii. Petition to declare failure of elections,
reqts:
1. No voting taken place in the
precinct on the date fixed by law,
or even if there was voting,
election resulted in failure to elect,
and
2. Votes cast would not affect the
results of the election
viii. Comelec unauthorized to make an
unofficial quick count of presidential
election results
b. Exclusive original JD over all contests relating to
the election, returns, qualifications of all elective
regional, provincial, city officials. Exclusive
appellate JD over all contests involving elective
municipal officials decided by the RTC, or involving
brgy. Officials decided by the MTC, and decisions
therein shall be final, executory and unappealable.
i. Exclusive JD over pre-proclamation cases.
JD of the Electoral Tribunal is exercised

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c.

over members of House or Senate, and a

party to the election controversy is a
member of the House or Senate only after
he has been proclaimed, has taken his
oath and assumed the functions of the
office.
ii. Comelec is without the power to partially or
totally annul a proclamation or to suspend
the effects of a proclamation without notice
and hearing
iii. Comelec has power to issue writs of
prohibition, mandamus and certiorari in the
exercise of its exclusive appellate JD
iv. RTCs and MTCs cannot have JD over
electoral cases involving elective brgy.
Officials
1. Appeal to Comelec from RTC must
be filed within 5 days from receipt
of decision. MR of RTC prohibited.
2. Filing Notice of Appeal not enough,
appeal fee must be paid to the
Comelec. If fee not paid, Comelec
can dismiss outright or wait for fee
to be paid and give petition due
course
3. Comelec has authority to suspend
reglementary periods provided by
its rules
v. Comelec cannot deprive RTC of its
competence to order execution of
judgment pending appeal
1. RTC may grant motion for
execution pending appeal when
there are valid and special reasons
like:
public
intere
st/will
of
electo
rate
- shortness of the remaining
term
- length of time that election
contest has been pending
2. However, provision that allows
execution pending appeal must be
strictly construed against the
movant.
3. Motion should be filed before
expiration of the period for appeal
vi. Comelec has power to cite for contempt,
but the power may be exercised only while
it is engaged in the performance of quasijudicial functions
vii. SC has power to review appellate final (not
interlocutory) decisions of the Comelec
Decide, save 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

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i. Changes in the location of polling places
may be initiated by written petition of
majority of the voters or by agreement of
political parties, but Comelec has final say
ii. Comelec may decide a question involving
the right to vote, but its decision shall be
subject to judicial review
iii. Decisions/determinations
made
by
Comelec in the exercise
of its
administrative power may be questioned in
ordinary civil action before trial courts
d. Deputize, with the concurrence of the President,
law enforcement agencies and instrumentalities for
the exclusive purpose of ensuring free, orderly,
honest, peaceful and credible elections
- May recommend to the President the removal of
any officer it has deputized, or the imposition of
any other sanction, for disobedience, violation or
disregard of its orders
e. Register, after sufficient publication, political
parties, organizations or coalitions which must
present their platform or program of government,
accredit citizens arms
i. Definitions
1. Political Party organized group of
citizens advocating an ideology or
platform, principles and policies for
the general conduct of government
a. National party
b. Regional party
c. Sectoral party
2. Sectoral organization group of
citizens who share similar physical
attributes
or
characteristics,
employment, interests or concerns
3. Coalition aggrupation of dulyregistered
national,
regional,
sectoral parties or organizations
for political and or election purpose
ii. Groups which cannot be registered
1. Religious denominations or sects
2. Those who seek to achieve their
goals through violent or unlawful
means
3. Those who refuse to uphold and
adhere to the Constitution
4. Those supported by foreign
governments
iii. Grounds for cancellation of registration
1. (1) to (4) above
2. It is a foreign party or organization
3. It violates or fails to comply with
laws, rules and regulations relating
to elections
4. Declares untruthful statements in
its petition
5. Has ceased to exist for at least
one year
6. Fails to participate in the last 2
preceding elections, or fails to
obtain at least 2% of votes cast

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under the party-list system in the 2
preceding elections
iv. Ang Bagong Bayani guidelines for
registration
1. The party must represent a
marginalized or underrepresented
sector or group identified in Sec. 5
of RA 7941
2. Major political parties must comply
with the declared statutory policy
of enabling Filipino citizens
belonging to marginalized and
underrepresented sectors to be
elected to the House
3. Religious sector may not be
represented
4. Party not disqualified under Sec. 6
of RA 7941
5. Party must not be an adjunct of, or
a project organized, or entity
funded by the Government
6. Party and its nominees must
comply with the requirements of
the law
7. Nominees
must
represent
marginalized
and
underrepresented
8. Nominee must be able to
contribute to the formulation and
enactment
of
appropriate
legislation which will benefit the
nation
f. File, upon a verified complaint, or on its own
initiative, petitions in court for the inclusion or
exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of
election laws
i. Comelec may delegate to Provincial Fiscal
the investigation and prosecution of
violations f election laws
ii. Power includes authority to decide whether
or not to appeal the dismissal of a criminal
case by the trial court
g. Recommend to 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, malpractice and nuisance
candidates
h. Submit to the President and Congress a
comprehensive report on the conduct of election,
plebiscite, initiative, referendum or recall
3. Statutory powers
a. Exercise supervision and control over officials
required to perform duties relative to the conduct of
elections
b. Promulgate rules and regulations
c. Punish contempt
d. Inquire into financial records of candidates, groups
e. Prescribe forms to be used in elections
f. Procure supplies and materials needed fo rthe
elections

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g. Enlist non-partisan groups to assist it
h. Fix periods for pre-election requirements
i. Declare failure of election; call for special elections
i. Sitting en banc, majority vote
ii. Motu propio or upon verified petition
iii. Summary hearing
4. Party System
5. Election Period commences 90 days before the election
and ends 30 days thereafter, unless otherwise fixed by the
Comelec in special cases
6. Judicial Review of Comelec decisions to SC via 65, 30
days from receipt of final order, ruling or decision of
Comelec en banc
D. The COA
1. Composition/Appointment
a. Chair + 2 Commissioners. Natural-born. 35 yo.
CPAs with not less than 10 years of auditing
experience of members of the Philippine bar with at
least 10 years practice of law. Not candidates in
the election preceding.
b. Appointed by the President with consent of the
CoApp
c. Term of 7 years without reappointment
2. Powers and Duties
a. Examine, audit and settle all accounts pertaining to
the revenue and receipts of, and expenditures or
uses of funds and property owed and held in trust
or pertaining to the Government
b. Keep general accounts of the Government, and
preserve vouchers and supporting papers for such
period provided by law
c. Authority to define the scope of its audit and
examination, establish techniques and methods
required thereof
d. Promulgate accounting and auditing rules and
regulations, including those for the prevention and
disallowance of irregular, unnecessary, expensive,
extravagant or unconscionable expenditures or
uses of government funds or property
3. Jurisdiction government entity or investment of public
funds

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