Exemptions from Competitive Examinations

(1) Policy determining where the officer lays down principal or fundamental guidelines
or rules; or formulates a method of action for government or any of its subdivisions; e.g.
department head.
(2) Primarily confidential denoting not only confidence in the aptitude of the appointee
for the duties of the office but primarily close
intimacy which ensures freedom of intercourse without embarrassment or freedom from
misgivings or betrayals on confidential matters of state or one declared to be so by the
President of the Philippines upon the recommendation of the CSC.
(3) Highly technical requires possession of technical skill or training in supreme
degree.
Classes of Service:
(A) Career Service Characterized by entrance (a) based on merit and fitness to be
determined, as far as practicable, by competitive examinations, OR(b) based on highly
technical qualifications; with opportunity for advancement to higher career positions and
security of tenure.
(B) Non-career Service characterized by entrance on bases other than those of the
usual tests utilized for the career service; tenure limited to a period specified by law, or
which is co-terminus with that of the appointing authority or subject to his pleasure, or
which is limited to the duration of a particular project for which purpose the employment
was made.
Partisan Political Activity
No officer or employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.(2(4))
The military establishment is covered by this provision. Article XVI, Section 5(3) provides
that no member of the military shall engage directly or indirectly in any partisan political
activity except to vote. But this prohibition applies only to those in the active military
service, not to reservists. (Cailles v. Bonifacio, 65 Phil 328)
Exceptions:
Commissions,
with the
1. Particularly exempted from the prohibition against partisan political activity are
members of the Cabinet.38
2. Public officers and employees holding political offices (who are allowed to take part in
political and electoral activities, except to solicit contributions from their subordinates or
commit acts prohibited under the Election Code.

Right to Self-Organization
The right to self-organization shall not be denied to government employees.
Thus, the Congress may provide, for example, that temporary employees who acquire
civil service eligibility for the positions occupied by them shall be automatically
considered permanent appointees thereto, or that temporary employees may not be
replaced during a fixed period except for cause, or shall be entitled to the same material
benefits, such as leave privileges, during incumbency.
Double Compensation
No elective or appointive public officer or employee 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.
Double Compensation Refers to two sets of compensation for two different offices held
concurrently by one officer. In the instances when holding a second office is allowed,
when an officer accepts a second office, he can draw the salary attached to the second
office only when he is specifically authorized by law to receive double compensation.
Powers of COMELEC
1. Enforcement of election laws.
2. Deciding election contests.
3. Deciding Administrative Questions.
4. Deputization of Law-enforcement agencies.
5. Registration of Political Parties.
6. Improvement of elections.
7. Power to Promulgate Rules
8. Supervision or regulation of franchises
9. Power to recommend executive clemency for violation of election laws and rules.
10. In special cases, power to fix the election period.
Election Period
Unless otherwise fixed by the COMELEC in special cases, the election period shall
commence 90 days before the day of the election and shall end 30 days thereafter.

Election Period Distinguished from Campaign Period

The latter cannot extend beyond election day and, in fact, under present law, ends two
days before the election.
Impeachment
A national inquest into the conduct of public men. To impeach simply means to formally
charge with a violation of public trust.
NATURE: Impeachment is a political process. Thus, the decision to impeach lies
exclusively on Congress. Within the limitations set forth in the Constitution, impeachment
is inarguably a political act exercised
by the Legislature, a political body elected by and directly accountable to the people.
Impeachment proceedings are political processes that the Constitution places within the
exclusive domain of the legislature.
Purpose of Impeachment
The purpose of impeachment is not to punish but only to remove an officer who does not
deserve to hold office.
Impeachable Officers
1.

President

2.

Vice-President

3.

Chief Justice and Associate Justice of the Supreme Court

4.

Chairmen and members of the Constitutional Commissions

5.

Ombudsman
Jurisdiction of Sandiganbayan
Original Jurisdiction
Violations of RA 3019 (AGCPA) as amended;
RA 1379; and Chapter II, Section 2, Titile VII, Book II of the RPV where one or more of
the accused are officials occupying the following positions in the government, whether in
a permanent, acting or interim capacity at the time of the commission of the offense:

a.

Officials of the Executive branch with the position of Regional Director or higher, or with
Salary Grade Level 27 (G27) according to RA 6758.

b.

Members of Congress and officials thereof with G27 an up;

c.

Members of the Judiciary without prejudice to the Constitution;

d.

Chairmen and members of the Constitutional Commissions without prejudice to the

Constitutions; and
e. All other national and local officials with G27 or higher.
Other offenses or felonies whether simple or complexed with other crimes committed
by the public officials and employees mentioned in Subsection a in relation to their office;
Civil and criminal cases filed pursuant to and in connection with EO nos. 1, 2, 14, and
14-A issued in 1986.
Exclusive Original Jurisdiction over petitions for the issuance of the writs of mandamus,
prohibitions, certiorari, habeas corpus, injunction and other ancillary writs and processes
in aid of its appellate jurisdiction; Provided, that jurisdiction over these petitions shall not
be exclusive of the Supreme Court;
Exclusive Appellate Jurisdiction over final judgments, resolutions or orders of regional
trial courts whether in the exercise of their own original jurisdiction or of their appellate
jurisdiction.
Jurisdiction of the Ombudsman
For purposes of determining the scope of the jurisdiction of the Ombudsman, a public
officer is one to whom some of the sovereign functions of the government has been
delegated.
(The National Centennial Commission performs executive power which is generally
defined as the power to enforce and administer laws. It is the power of carrying the laws
into practical operation and enforcing their due observance. The executive function,
therefore, concerns the implementation of the policies as set forth by law. Laurel v.
Desierto, 2002)
Q: Charged with murder, the Governor challenges the authority of the office of the
Ombudsman to conduct the investigation. He argues that the authority of the
Ombudsman is limited to crimes related to or connected with an officials discharge of
his public functions. Decide.
A: The Ombudsman has authority. Section 12 says that he may investigate... any act or
omission of any public official... when such act or omission appears to be illegal, unjust,
improper or inefficient.
Murder is illegal. And since it was allegedly committed by a public official it comes within
the jurisdiction of the Ombudsman.
Qualifications of the Ombudsman
The Ombudsman and his Deputies must be:

1.

Natural Born Citizens of the Philippines

2.

At least 40 years of age

3.

Of recognized probity and independence

4.

Members of the Philippine Bar

5.

Must not have been candidates for any elective office in the immediately preceding
election.
The Ombudsman must have been a judge or engaged in the practice of law for ten years
or more.
(i) Limitation on Initiative: No amendment in this manner shall be authorized (1) within 5
years following the ratification of the 1987 Const. nor (2) more often than once every 5
years thereafter.
(ii) Enabling Law: Constitutional provision on amendments via Peoples Initiative not selfexecutory [Santiago v. COMELEC (1997)]
(2) Ratification the proposed amendment shall be submitted to the people and shall
be deemed ratified by the majority of the votes cast in the plebiscite, held not earlier than
60 days nor later than 90 days:
(a) After approval of the proposal by Congress or Concon;
(b) After certification by the COMELEC of sufficiency of petition of the people.
Amendment
An addition or change within the lines of the original constitution as will effect an
improvement, or better carry out the purpose for which it was framed; a change that
adds, reduces or deletes without altering the basic principles involved; affects only the
specific provision being amended.
Revision
A change that alters a basic principle in the constitution, like altering the principle of
separation of powers or the system of checks-and- balances; alters the substantial
entirety of the constitution, as when the change affects substantial provisions of the
constitution.
Difference between Amendment and Revision
Amendment refers to isolated or piecemeal change only, as distinguished from revision,
which is revamp or rewriting of the whole instrument. Revision generally affects several
provisions of the constitution, while amendment generally affects only the specific
provision being amended. This distinction is significant because the
Steps in Amendatory Process
There are two steps in the amendatory process: ratification

proposal, and
(1) Proposal The adoption of the suggested change in the Constitution.
(a) Congress (as a Constituent Assembly) a vote of 34 of ALL its members.
(b) Constitutional Convention Called into existence by (i) 2/3 of all members of
Congress OR (ii) the electorate, in a referendum called for by a majority of all members
of Congress [CONST., art. XVII, sec. 3]
(c) People (through a Peoples Initiative)- petition of at least 12% of the total number of
registered voters; every legislative district must be represented by at least 3% of the
registered voters therein.
1987 Constitution allows peoples initiative only for the purpose of amending, not
revising, the Constitution.