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A.

COMMON PROVISIONS
1. Scope (Sec. 1) • Civil Service Commission • Commission on Elections • Commission on Audit 2. General Characteristics • Independent o salary fixed by law and not decreased during tenure (Sec. 3) • Fiscal autonomy o appropriations automatically and regularly released (Sec. 5) 3. General Powers • appoint officials and employees in accordance with law (Sec. 4) • promulgate rules concerning pleadings and practice (Sec. 6) o not diminish, increase or modify substantive rights > Aruelo v. CA (conflict with Rules of Court) • decide cases (Sec. 7) o by a majority vote of all its Members > Cua v. Comelec (2-1/3-2-1) o as a body and not as individuals > Orocio v. COA > Mison v. COA o within 60 days from date of submission (upon filing of last pleading, brief or memorandum required by the Rules) o appealable to the Supreme Court on certiorari within 30 days from receipt has been changed to appeal to Court of Appeals within 15 days > RA 7902 > Mateo v. CA o certiorari to the Supreme Court only after reconsideration (i.e., decisions of Commission En Banc) > Reyes v. RTC > ABS-CBN v. Comelec > grave abuse of discretion > Reyes v. COA > exercise of quasi judicial power > Garces v. CA o retirement of Commissioner before promulgation > Ambil v. Comelec > Dumayas v. Comelec o other functions as may be provided by law (Sec. 8) 4. General Prohibitions (Sec. 2) • not hold any other office or employment during tenure

1987 > Galindez v. as far as practicable.• not engage in the practice of any profession • not engage in the active management or control of any business which may be affected by the functions of his office • not financially interested. Composition (Sec. integrity. 3) • establish a career service • adopt measures to promote moral. 1) • Term of 7 years without reappointment o common starting point of Feb. 2(1)] o PNOC-EDC v. Functions of CSC (Sec. CIVIL SERVICE COMMISSION 1. instrumentalities and agencies of the Government including government owned or controlled corporations with original charters [Sec. directly or indirectly. NLRC o Philippine Fisheries v. subdivisions. efficiency. 2. franchise or privilege B. NLRC (security guards/janitors) 4. 1) • Chairman and 2 Commissioners • natural born citizens • at least 35 • proven capacity for public administration • not candidate in immediately preceding election 2. COA • consent of Commission on Appointments needed • appointment to any vacancy shall be for unexpired term • no Member appointed in a temporary or acting capacity 3. by competitive examination [Sec. in any Government contract. 2(2)] . Scope • civil service embraces all branches. Civil Service Appointments • according to merit and fitness to be determined. Appointment (Sec. progressiveness and courtesy in the civil service • strengthen the merit and rewards system • integrate all human resources development programs • institutionalize a management climate conducive to public accountability • submit an annual report on its personnel programs 5. responsiveness.

Veloso • right to self organization • temporary employees to be given such protection as provided by law o temporary employees may be removed without cause > Mendiola v. 7) o Art. Tancinco . Basic Rights of Civil Servants (Sec. CSC (“next in rank") 6. unlike warning or admonition. primarily confidential or highly technical merit and fitness requirement security of tenure Hernandez v. CA (temporary transfer) primary confidential means close intimacy which insures freedom of intercourse Borres vs. 7) • no appointive official shall hold any other office or employment in Government o except if allowed by law or primary functions of position (Sec. Mathay o Santos v. 2(4)] o prohibition does not apply to department secretaries > Santos v. CA (double retirement) • no elective or appointive official shall accept any present. Mallare o abolition of office including reorganization is allowed if made (1) in good faith. Ericta o reprimand. Prohibitions • engage. directly or indirectly. CA Santiago v. 13 • no elective or appointive official shall receive additional. in any electioneering or partisan political campaign [Sec. double or indirect compensation unless specifically authorized by law o pensions or gratuities not considered additional compensation (Sec. be appointed to any office in the Government or any GOCC or any of their subsidiaries (Sec. Sec. office or title of any kind from any foreign government (Sec. Manglapus Achacoso v. VII. 2) • cannot be removed or suspended except for cause provided by law o substantive and procedural due process > De los Santos v. within one year after such election. 8) 7.o > > o > > > > > > > career/non-career/competitive/non-competitive Astraquillo v. (2) not for personal or political reasons and (3) not in violation of the law > Roque v. is administrative penalty > Tobias v. emolument. Macaraig (POEA) except positions which are policy determining. 8) o per diem or allowance given as reimbursement for expenses is allowed > Peralta v. 6) • no elective official eligible for appointment or designation in any capacity to any public office during tenure (Sec. Yatco o does not prevent expression of views or mentioning names of candidates supported • no candidate who has lost in any election shall. Villegas (not removal but expiration of term) Gloria v.

mandamus. Comelec o appellate decisions shall be final. executory and not appealable > pre-proclamation – administrative process > contest – judicial process • decide all questions affecting elections (but not to be voted for) o except the right to vote o only popular elections > Alunan v. 2) • enforce and administer all election laws o includes power to annul elections because of terrorism > Biliwang v. provincial and city officials o appellate jurisdiction over contests involving municipal officials decided by trial courts of general jurisdiction > 5 day period for taking an appeal > 1993 Comelec Rules > concurrent certiorari. returns and qualifications of regional. Composition (Sec. quo warranto and habeas corpus powers with the SC > Carlos v. Mirasol (SK) > Taule v. Powers (Sec. Comelec • Decide election cases o original jurisdiction over contests relating to the elections. Appointment (Sec. Santos (Barangay federation) . COMMISSION ON ELECTIONS 1. Yorac 3. Comelec o call for a special election > Sanchez v.C. Monsod 2. 1) • Chairman and six Commissioners • natural born citizens • at least 35 • not candidate in immediately preceding election • a majority of the Commission. including the Chairman shall be members of the Philippine Bar who have been engaged in the practice of law for at least 10 years o Cayetano v. Angeles o appellate jurisdiction over contests involving barangay officials decided by trial courts of limited jurisdiction > only questions of fact. 1) • 7 year term without reappointment • consent of Commission on Appointments needed • appointment to any vacancy only for unexpired term • no Member appointed in a temporary or acting capacity o Brillantes v. questions of law to SC > Flores v.

. 5) o check on Presidential Power 4. Comelec • deputize law enforcement agencies and Government instrumentalities to ensure CHOPFE o covers criminal and administrative cases o merely recommends disciplinary action to the President > Tan v. Comelec > Philippine Press Institute v. on its own or upon complaint.o contempt power only pursuant to quasi-judicial function > Masangcay v. Delgado • Exclusive power to conduct preliminary investigation for purposes of a) filing information and b) help judge in determining whether warrant of arrest should be issued o Kilosbayan v. 4) o equal opportunity in time and space o reasonable rates o meet CHOPFE objectives > Sanidad v. Comelec (print) > Telebap v. Comelec (broadcast) • recommend pardon for election offenses (Sec. media. Comelec • Prosecution of election offenses is exclusively under Comelec o People v. Basilia • register political organizations o must present platform or program of government o not religious denominations and sects o anti-violence and pro-Constitution o not supported by foreign governments (including financial contributions) • file. petitions for inclusion or exclusion of voters • investigate and prosecute cases of violations of election laws including election frauds • RTC has authority to try and decide criminal cases involving elections o People v. transportation and public utilities) (Sec. Administrative Matters • may sit en banc or in two divisions • pre-proclamation cases shall be decided in division provided that MRs shall be decided en banc . Judge Inting • recommend to Congress o measures to minimize election spending o measures to prevent and penalize all forms of election fraud • recommend to the President o removal of any deputized person o imposition of any disciplinary action • submit comprehensive report • promulgate rules of procedure (Sec.g. 3) • supervise or regulate franchises or concessions granted by the Government (e. Comelec o act of deputy is act of Comelec > People v.

Powers • examine.5. Party Matters • free and open party system (Sec. Other matters • Election period o 90 days before election day and 30 days thereafter (Sec. 11) • Second placer rule o Loreto v. Appointment (Sec. receipts of or uses of funds pertaining to the Government of GOCCs with original charters (pre-audit) o Constitutional bodies and offices granted fiscal autonomy o autonomous state colleges and universities o other GOCCs and their subsidiaries o non-Governmental entities receiving subsidies from the Government (post-audit) (Sec. 10) • Election expenses provided in regular or special appropriations and released automatically upon certification by the Commission Chairman (Sec. 1) • 7 year term without re appointment • consent of Commission on Appointments needed • appointment to any vacancy only for unexpired term • no member appointed in a temporary or acting capacity 3. audit and settle accounts pertaining to the revenue. 8) o may appoint poll watchers 6. 1) • Chairman and 2 Commissioners • natural born citizens • at least 35 • not candidates in immediately preceding election • CPA or lawyer with 10 year auditing or practice of law experience • not all Members belong to the same profession 2. 2) • settle accounts means power to settle liquidated accounts which may be adjusted simply by an arithmetical process o law appropriating funds for a purpose o contract entered into by proper officer pursuant to law o whether goods or services covered by contract have been delivered o payment has been authorized by proper officials . 7) • no representation in voter boards (Sec. 6) • party list registration (Sec. Brion D. 9) • Bona fide candidates free from harassment (Sec. Composition (Sec. COMMISSION ON AUDIT 1.

Cases • COA has authority to interpret “failure of public bidding” o Danville v. 3) submit annual report to President and Congress (Sec. unnecessary. excessive or extravagant expenses” o Dingdong v. Guingona o Polloso v. Gangan .> • o o Guevara v. COA • COA has authority to promulgate rules to prevent “irregular. 4) 4. Gimenez define scope of audit and promulgate accounting and audit rules no law passed exempting any Governmental entity from COA jurisdiction (Sec.