3 Branches of Government
Clarence Tiu, Ateneo Law 1-B, 3 Branches of Government Table
Senate House of Representatives
Functions/ Art. 6, Sec. 21: Senate or the HR or any of its respective committees, conduct Art. 6, Sec. 27: Veto power of the President on bills
Powers inquiries in aid of legislation, in accordance with its duly published rules of procedure. passed by Congress. President also has item-veto
Rights of persons appearing or will be affected by such inquiry shall be respected. power on Appropriations, Revenue, or Tariff bills.
Art. 6, Sec. 22: Oversight function of Congress to ensure that the laws it is passing
are being implemented by the executive. Heads of the departments, at their own
initiative with the consent of the President, or upon the request of either House, shall
appear before and be heard by the House on any matter pertaining to the departments.
Art. 6, Sec. 23: In times of war or other national emergency Congress may, by law,
authorize the President, to exercise powers necessary and proper to carry out a
declared national policy (Subject to restrictions it may prescribe). Such powers shall
cease upon the next adjournment of Congress, but it can be withdrawn, by resolution,
by Congress as well.
• Congress may delegate legislative powers to the President under this
provision subject to its conditions.
•This is an exception to the general rule of non-delegability of legislative power
Art. 6, Sec. 28:
1. Congress may, by law, authorize the President to fin within specified limits, and
subject to such limitations and restrictions as it may impose, tariff rates, import and
export quotas, tonnage and wharfage dues, and other duties or imposts within the
framework of the national development program of the Government
• This is an exception to the general rule of non-delegability of legislative power
2. Congress may by law grant tax exemptions by majority vote but such must be for
public purposes.
Art. 6, Sec. 29: Power to appropriate, by law
Art. 7, Sec. 16: Congress may, by law, vest the appointment of other officers lower
in rank in the President alone, in the courts on in the heads of departments, agencies,
commissions or boards.
• Rufino vs Edriga (2006): When authority is given to head of collegial bodies, it
is to the chairman that authority is given and not to the body. But he can only
appoint officers lower in rank and not officers equal in rank to him, thus he
cannot appoint a fellow member of a Board.
Art. 7, Sec. 21: No treaty or international agreement shall be valid and effective
unless concurred in by at least 2/3 of all the members of the Senate.
Art. 8, Sec. 1: Establish, by law, lower courts vested with judicial power
Art. 8, Sec. 2: Congress has the power to define, prescribe, and apportion the
jurisdiction of the various courts but may not deprive the Supreme Court of its
jurisdiction over cases enumerated in Sec. 5 hereof.
Art. 9B, Sec. 5: Congress shall provide for the standardization of compensation of
government officials and employees, including those in government-owned or
controlled corporations with original charters, taking into account the nature of
responsibilities, pertaining to, and the qualifications required for their positions.
2/3 vote of both House, Joint Session assembled, voting separately:
Art. 6, Sec. 23: Sole power to declare the existence of a state of war
2/3 of both Houses, No requirement of joint assembly, voting separately:
Art. 6, Sec. 27: Overriding the veto of the President of bills
Art. 7, Sec. 11: Determination whether or not the President is unable to discharge the
powers and duties of his office. If Congress decide President is incapable, Vice-
President shall act as President.
• This is applicable only when the majority of the cabinets transmits a written
declaration to the Senate President and Speaker of the House of the inability of
the President, and the President transmits that is capable, then majority of the
Cabinet, within 5 days transmits again the he is incapable.
Majority vote of both houses, voting separately
Art. 7, Sec. 4: In case two or more candidates for Presidency/ Vice-President have
equal votes, Congress is required to choose the winning candidate and break the tie.
Art. 7, Sec. 9: Confirmation of a nominee for Vice-President by the President, in case of
vacancy of such office.
Art. 7, Sec. 19: Concurrence needed to for grant of amnesty
Majority vote of both houses, voting jointly
Art. 7, Sec. 18: Revoke the suspension of the privilege of the Writ of Habeas Corpus or
the proclamation of Martial Law. It may also in the same manner, upon the initiative of
the President, extend such suspension or proclamation in the period it determines, if
the rebellion or invasion persists and public safety so requires.
Executive
Gonzales vs Macaraig (1990):
Principle on inappropriate provisions also says that a
provision that is constitutionally inappropriate for an
Appropriation bill may be singled out for veto even if it
is not an appropriation or revenue item; meaning the
President may veto provisions that are riders in an
appropriations bill.
• Art. 6, Sec. 25(2): No provision/enactment
shall be embraced in the general appropriations
bill unless it relates specifically to some
particular appropriation therein. Any such
provision/enactment shall be limited in its
operation to the appropriation to which it
relates.
Executive Power
Art. 7, Sec. 1: Executive power is vested in the
President of the Philippines
Marcos vs Manglapus (1989): Tradition recognizes
that the powers of the President are more than the sum
of enumerated executive powers. He possesses
residual powers meaning those powers inherent inn
government that are not legislative nor judicial is
executive.
Appointing Power
Art. 7, Sec. 16: President shall nominate and, with the
consent of the Commission of Appointments, appoint:
1. Heads of the executive departments
2. Ambassadors, other public ministers and Consuls
3. Officers of the AFP from the rank of Colonel or Naval
Captain
4. Other officers whose appointments are vested in him
in this Constitution (Regular members of JBC, members
of the Constitutional Commissions
• Calderon vs Carale (1992): Congress may
not expand the list of appointments needing
confirmation. List in Art. 7, Sec. 16 is
exclusive, It cannot be expanded by law.
President may also appoint, without consent of
Commission on Appointments:
1.Other officers of Government whose appointments
are not otherwise provided by law
2. Those whom he may be authorized by law to appoint
President can also make appointments during the
recess of Congress, known as Ad Interim
appointments, which are permanent and be effective
until disapproval by the Commission on Appointments
or until the next adjournment of Congress.
Art. 7, Sec. 14: Appointments by acting President
remain effective, unless revoked by the elected
President within 90 days from his assumption/
reassumption of office.
Power of Control and Supervision
Art. 7, Sec. 17: President shall have control of all the 1. Assign temporary judges of lower courts to other
executive departments, bureaus, and offices. He shall
ensure that the laws are faithfully executed.
Calling out Power
Art. 7, Sec. 18: President shall be the Commander-in- miscarriage of justice
Chief of the AFP and whenever it becomes necessary, 3. Promulgate rules concerning the protection and
he may call out such armed forces to prevent or
suppress lawless violence, invasion, or rebellion.
Power to suspend the privilege of the Writ of
Habeas Corpus and Martial law:
Art. 7, Sec. 18: In case of invasion or rebellion, when
the public safety so requires it, he may for a period not not diminish, increase, or modify substantive rights. Rules
exceeding 60 days, suspend the writ of the privilege of procedure for special courts and quasi-judicial bodies
of habeas corpus or place the Philippines or any part shall remain effective unless disapproved by the Supreme
thereof under Martial Law.
Executive Clemency
Art. 7, Sec. 19: Except in cases of impeachment, or as
otherwise provided in this Constitution, the President
may grant reprieves, commutations, and pardons, and supervision over all courts and personnel thereof.
remit fines and forfeitures after conviction by final
judgment. He also has the power to grant amnesty with Art. 8, Sec. 11: SC en banc shall have the power to
the concurrence of a majority of all members of
Congress.
Power to Contract or Guarantee Foreign Loans
Art. 7, Sec. 20: President may contract or guarantee
foreign loans on behalf of the Republic of the
Philippines with prior concurrence of the Monetary
Board, and subject to limitations as may be provided by
law.
Foreign Relations Power
1. Power to negotiate treaties and international
agreements (Art. 7, Sec. 21)
2. Power to appoint ambassadors, ministers, or consuls
(Art. 7, Sec. 16)
3. Power to receive ambassadors and other public
ministers accredited to the Philippines
Judiciary
Art. 7, Sec. 18: Review upon filing of petition by any
citizen, the validity of suspension of the privilege of the Writ
of Habeas Corpus or the proclamation of Martial Law. It
must promulgate its decision within 30 days from its filing.
Art. 8, Sec. 1: Judicial power shall be vested in one
Supreme Court and in such lower courts as may be
established by law.
Judicial power includes:
1. The duty of the Courts of Justice to settle actual
controversies involving rights which are legally
demandable and enforceable,
2. Determine whether or not there has been a grave abuse
of discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the
Government.
Irreducible Judicial Powers
Art. 8, Sec. 5:
1. Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, manadamus, quo
warranto, habeas corpus
2. Review, revise, reverse, modify, or affirm on appeal or
on certiorari as the law or rules of court may provide, final
judgments and orders of lower courts in:
1. All cases in which the constitutionality or validity
of any treaty, international or executive agreement,
law, presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question.
2. All cases involving the legality of any tax,
impost, assessment, or toll, or any penalty
imposed in relation thereto
3. All cases in which the jurisdiction of any lower
court is an issue
4. All criminal cases in which the penalty imposed
is reclusion perpetua or higher.
5. All cases in which only an error or question of
law is involved.
Power of Judicial Review
Power of the Supreme Court to declare a law, treaty,
international or executive agreement, presidential decree,
proclamation, order, instruction, ordinance, or regulation as
unconstitutional.
• Such power is merely an aspect of judicial power
• As a rule the Court will not touch the
constitutionality of an issue unless it is unavoidable
or is the very lis mota (Cause of action)
•Requisites:
1. Actual case calling for the exercise of judicial
power
• Case must be ripe for adjudication
2. Person raising the case must have legal
standing
• Personal and substantial interest in the
case such that he has sustained or will
sustain, direct injury as a result of its
enforcement.
Auxiliary Administrative Powers
Art. 8, Sec. 5:
stations as public interest may require. Such temporary
assignment shall not exceed 6 months without the consent
of the judge concerned.
2. Order a change of venue or place of trial to avoid
enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the practice
of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases
shall be uniform for all courts of the same grade, and shall
Court.
4. Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.
Art. 8, Sec. 6: Supreme Court shall have administrative
discipline judges of lower courts, or order their dismissal
by a vote of a majority of the members who actually took
part in the deliberations on the issue of the case and voted
thereon.
• In the case of the members of SC, only Congress
can discipline them by impeachment.
• People vs Gacott (1995): SC en banc decision
only needed when the penalty imposed is
dismissal of a judge, disbarment of a lawyer, or a
fine exceeding 10,000 pesos. For lesser penalties,
decision through SC division is allowed.
• Power to discipline judges is exclusive to the SC
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Clarence Tiu, Ateneo Law 1-B, 3 Branches of Government Table

Senate
Composition Art. 6, Sec 2: 24 Senators elected at large
•There is staggering of terms because
during the 1992 elections, the first 12
senators obtained the highest number of
votes shall serve for 6 years and the
remaining 12, only for 3 years.
• Senatorial elections take place very 3
years, and all are elected to a term of 6
years.
House of Representatives Executive Judiciary
Art. 6, Sec. 5: Composed of not more than Art. 7, Sec. 1: Executive power is vested in the Art. 8, Sec. 1: Judicial power shall be vested in one
250 members, unless otherwise fixed by President of the Philippines Supreme Court and in such lower courts as may be
law established by law.
Art. 7, Sec. 3: There shall be a Vice-President who may
Composed of: be appointed as a member of the Cabinet. Such Art. 8, Sec. 4: Supreme Court shall be composed of a
1. District representatives appointment requires no confirmation by the Chief Justice and 14 Associate Justices. It may sit en
2. Party-list representatives Commission on Appointments. banc or it ints discretion, in divisions of 3, 5 or 7 members.
3. Sectoral representatives (Existed until
1998, after which they are under the party- Art. 7, Sec. 4: President and Vice-President shall be Art. 8, Sec. 9: Members of the SC and judges of lower
list system) elected by direct vote of the people. courts shall be appointed by the President from a list of at
least 3 nominees prepared by the JBC for every vacancy.
Art. 6, Sec. 5(2): Party-list representatives Cabinet is itself an institution extra-constitutionally Such appointments need no confirmation.
shall constitute 20% of the total number of created which essential consists of heads of
Representatives, including those under the departments who meet regularly with the President.
party-list. They are the principal officers through whom the
President executes the law. President through he power
Banat vs Comelec (2009): 20% share of of control and his power to remove them at will,
the House of Representatives by the party- remains the the chief of administration. Cabinet
list representatives is mandatory. The 2% members serve at the behest of the President
of the total number of votes cast for the
party-list system rule laid out by RA 7941 is
declared unconstitutional. It is only needed
in determining who are guaranteed seats.
There is still also 3-seat limit for each
qualified party

This ruling reversed the ruling of Veterans

Federation Party vs Comelec which
provided and reaffirmed the provisions of
RA 7941 concerning the mandatory 2%
threshold and that the 20% share is merely
a ceiling.

Ang Bagong Bayani-OFW Labor Party:

Votes of disqualified parties/organizations
participating in the party-list system should
not be counted in determining the total of
the number of votes cast.

Qualifications Art. 6, Sec. 3: Art. 6, Sec. 6: Qualifications of district
1. Natural-born citizen of the Philippines representatives
2. At least 35 years of age on the day of 1. Natural-born citizen of the Philippines
election 2. At least 25 years of age on the day of
3. Able to read and write elections
4. Registered voter 3. Able to read and write
5. Resident of the Philippines for not less 4. Registered voter in the district in which
than 2 years immediately preceding the he shall be elected
day of elections 5. Resident of the district in which he shall
be elected for not less than 1 year
immediately preceding the day of elections
RA 7941, Sec. 9: Qualifications of Party-list
Representatives:
1. Natural-born citizen of the Philippines
2. At least 25 years of age on the day of
elections
3. Able to read and write
4. Registered voter
5. Resident of the Philippines for not less
than 1 year immediately preceding the day
of election
6. A bona fide member of the party or
organization which he seeks to represent
for at least 90 days preceding the day of
election
Art. 7, Sec. 2: Qualifications of the President:
1. Natural-born citizen of the Philippines
2. At least 40 years of age on the day of elections
3. Able to read and write
4. Registered voter
5. Resident of the Philippines for at least 10 years
immediately preceding such election.
Art. 7, Sec. 3: Qualifications, term, manner of removal
of Vice-President is same as the President.
Art. 8, Sec. 7:
Qualifications of members of the Supreme Court:
1. Natural-born citizens of the Philippines
2. At least 40 years of age
3. Must have been for 15 years or more a judge of a lower
court or engaged in the practice of law in the Philippines
4. Proven competence, integrity, probity, and
independence
Qualifications of members of the Collegiate Courts
(Court of Appeals, Court of Tax Appeals,
Sandiganbayan):
1. Natural-born citizen of the Phiippines
2. Member of the Philippine Bar
3. Other qualifications prescribed by Congress
4. Proven competence, integrity, probity, and
independence
Qualifications of judges of single-member courts/ non-
collegiate courts:
1. Philippine citizens (Either Natural-born or naturalized)
2. Member of the Philippine Bar
3. Other qualifications prescribed by Congress
4. Proven competence, integrity, probity, and
independence

For nominees of the youth sector:

1. Must be at least 25, but not more than
30 on the day of election

Atong Paglaum vs Comelec (2013):

Political parties, major or not, may
participate in the party-list system as long
as they do not field any candidate in
legislative district elections. If they field
candidates in such, they can participate in
the party-list system only through its
sectoral wing that can separately register
under the party-list system.

National, regional and sectoral parties may

participate in the party-list system and do
not need to organize alone sectoral lines
and do not need to represent any
marginalized or underrepresented sector.

This is contrary to the decision in Ang

Bagong Bayani vs Comelec where the SC
ruled that only parties/organizations who
represent the marginalized and
underrepresented sector may participate in
the party-list system.

Term Art. 6, Sec. 4: 6 years, commencing at Art. 6, Sec. 7: 3 years, commencing at Art. 7, Sec. 4: Art. 8, Sec. 11: Members of the SC and judges of the
noon on June 30, next following their noon on June 30, next following their 1. President and Vice-President has a term of 6 years lower courts shall hold office during good behavior until
election, unless provided by law. election, unless provided by law which shall begin on noon on June 30, next following they reach the age of 70 years or become incapacitated to
their election. discharge the duties of their office.
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Senate House of Representatives Executive Judiciary
Limitations on Art. 6, Sec. 4: Senator cannot serve more Art. 6, Sec. 7: Members of the House of Art. 7, Sec. 4: N/A
election than 2 consecutive terms. Representatives cannot serve more than 3 President:
consecutive terms. President shall not be eligible for any re-election.
No person who has succeeded for as President and has
served as such for more than 4 years shall be qualified
for election to the same office at any time.
• For a person who succeeded as President to
be qualified to be elected for such office he
ohuld have served only exactly 4 years or less.
Vice-President
No Vice-President shall serve for more than two
successive terms

Canvassing of Comelec
Votes and
Proclamation of
winner
Vacancies Art. 6, Sec. 9: Special election may be held (at the discretion of Congress) to fill the
vacancy in the manner prescribed by law. Senator/Member of HR elected shall serve for
only the unexpired term
• Service of the unexpired term will be counted as 1 term for the purposes of
counting the number of allowable successive terms.
• Special election is discretionary not mandatory
RA 6645:
Sec. 1: In case vacancy arises in the Senate at least 18 months or in the HR at least 1
year before the next regular election for Members of Congress, the Comelec, upon
receipt of resolution of the Senate or HR, as the case may be, certifying to the existence
of such vacancy and calling for a special election, shall hold a special election to fill
such vacancy.
• If Congress is in recess, the Senate President or Speaker of the House, as the
case may be, may official communicate and call for the special election
Sec. 2: The Comelec shall hold the special election not earlier than 45 days nor later
than 90 days from the date of such resolution or communication, provided that if within
the said period a general election is scheduled to be held, the special election shall be
held simultaneously with such general election.
Art. 7, Sec. 4: Congress, both houses in joint session, N/A
but it may delegate the preliminary count of votes to a
Joint Committee
Vacancy of Presidency existing at the beginning of Art. 8, Sec. 4: Any vacancy in the Supreme Court must be
the term filled within 90 days from the occurrence thereof.
Art. 7, Sec. 7: • De Castro vs JBC (2010): Appointments to the
Vice-President-Elect will act as President: Supreme Court are not covered by the
1. If the President-elect fails to qualify, until the appointments ban on the President.
President-elect shall have qualified
2. If a President shall not have been chosen, until a Art. 8, Sec. 9: For the lower courts, the President shall
President shall have been chosen and qualified. issue the appointments within 90 days from the
Vice-President-Elect becomes President: submission of the list.
1. If at the beginning of the term of the President, the
President-elect dies or shall have become permanently
disabled.
Senate President or in case of his disability, the
Speaker of the House shall act as President:
1. Where no President and VP shall have been chosen
or qualified, or where both shall have died or become
permanently disabled, until a President or VP shall have
been chosen or qualified.
• Congress shall by law provide for the manner
in which one who is to act as President shall be
selected until a President or VP shall have been
qualfied, in case of death, permanent disability,
or inability of the officials mentioned in the next
preceding paragraph.

Vacancy of Presidency existing during the term

Art. 7, Sec. 8:
Vice-President becomes President:
• In case of death, permanent disability, removal from
office, or resignation of the President.
Senate President or in case of his disability, the
Speaker of the House shall act as President:
• In case of death, permanent disability, removal from
office, or resignation of both the President and VP, until
a President or VP shall have been elected and qualified.

Vacancy of Vice-Presidency:
Art. 7, Sec. 9: Whenever there is a vacancy in the office
of the VP during the term for which he was elected, the
President shall nominate a VP from among the
members of the Senate and HR who shall assume office
upon confirmation by a majority vote of all the Members
of Congress voting separately

Special election in case of vacancy of Presidency

and Vice-Presidency:
Art. 7, Sec. 10: Congress shall at 10am on the third day
after the vacancy in the office of President and VP
occurs, convene without need of a call and within 7
days enact a law calling for a special election to elect a
President and VP to be held not earlier than 45 days not
later than 60 days from the time of such call.
• BIll will become law after its approval on the
third reading by Congress.
• Appropriations shall be charged against any
current appropriations and exempt from the rule
of special appropriations in Art. 6, Sec. 25(4).
• Convening of the Congress cannot be
suspended nor the special election postponed
• No special election shall be called if the
vacancy occurs within 18 months before the
date of the next presidential elections.
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Senate House of Representatives Executive Judiciary
Privilege Art. 6, Sec. 11: Immunity from suits Members of the SC are immune from all suit, they cannot
1. Privilege from Arrest: Senators and Members of the House of Representatives are Jurisprudence: President is immune from all suits for be prosecuted. They must first be impeached by
privileged from arrest provided: all acts during his tenure. (Must be impeached first) Congress.
•Offenses are punishable by not more than 6 years imprisonment (Only 6 years Soliven vs Makasiar (1988): President has privilege of
or less is covered) immunity from all suits for official acts within the
• Congress is in session. exercise of his office even after his tenure. Such
executive privilege can only be invoked by the President
2. Privilege of Speech: No Senator or Member of the House of Representative shall be himself. President may also waive the privilege.
questioned nor be held liable in any other place for any speech or debate in the Clinton vs Jones (1997) (US Case): Sitting President is
Congress or in any committee thereof not immune from suits for unofficial acts committed
before his term.
People vs Jalosjos (2000): Senator or Member of HR who has been convicted does
not enjoy immunity from arrest. Executive Privileges
Osmena vs Pendatun (1960): Privilege of speech does not protect a member of Senate vs Ermita (2006): Executive privilege is the
Congress from the disciplinary authority of Congress but it is an absolute protection power of the President to withhold certain types of
against suits for libel information, from the Courts, the Congress, and
Jimenez vs Cabangbang (1966): Privilege of speech can only be claimed, it is not ultimately the public. It can only be claimed and given
essential that Congress be in session when the utterance was made. But such by the President with sufficient grounds for the SC to
utterance must constitute legislative action. It must be made in the performance of their determine its validity or not.
official functions. Neri vs Senate (2008): Presidential communication is
Gravel vs US (American case): When legislative action is involved, the testimonial presumptively privileged between the President and
privilege extends to and protects even the agents and aides of the members of operationally proximate advisers. But such presumption
Congress is subject to rebuttal.
US vs Nixon (1974) (US Case): SC may declare
whether or not information is covered by executive
privilege or not. Although this has never been done in
the Philippines.

What kinds of information can be covered by executive

privilege:
Senate vs Ermita (2006): Those which are of a nature
that disclosure would subvert military or diplomatic
objectives, information about the identity of persons
who furnish information of violations of law, or
information about international deliberations comprising
the process by which the government decisions are
reached
EO 464 (2005):
1. Information between inter-government agencies prior
to the conclusion of treaties and executive agreements
2. Discussion in close door Cabinet meetings
3. Matters affecting national security and public order
• This order by Pres. Arroyo was revoked by her in
2008.
Disqualification/ Art. 6, Sec. 13: Art. 7, Sec. 6: President and Vice-President during their Members of the Judiciary can only perform judicial
Prohibitions 1. No member of Congress may hold another office or employment in the Government tenure, cannot receive any other emolument from the functions
(Its subdivisions, agencies, or instrumentalities) and Government-owned or controlled government or any other source
 3 Branches of Government

Art. 6, Sec. 13: Clarence Tiu, Ateneo Law 1-B,

Art.37,
Branches of Government
Sec. 6: President Table
and Vice-President during their Members of the Judiciary can only perform judicial
Senate may hold another office or
1. No member of Congress House of Representatives
employment in the Government tenure, cannot receive any Executive
other emolument from the functions Judiciary
(Its subdivisions, agencies, or instrumentalities) and Government-owned or controlled government or any other source
corporations or their subsidiaries during his term without forfeiting his seat. Vistan vs Nicolas (1991): Incumbent judge cannot
• Prohibition is only during his tenure, he may still accept appointments Art. 7, Sec. 13: President, Vice-President, Members of present himself as a congressional candidate. Such would
provided that he will automatically forfeit his seat in Congress. the Cabinet, and their deputies and assistants cannot: constitute improper conduct.
1. Hold any other office or employment during their
2. No member of Congress shall be appointed to any office which may have been tenure Art. 8, Sec. 12: Members of the SC and of other courts
created or the emoluments thereof increased during the term for which he was elected 2. They shall not, during their tenure, directly or established shall not be designated to any agency
•Prohibition is during his term, even if he resigns, he cannot be appointed to indirectly practice any other profession, participate performing quasi-judicial or administrative functions.
offices created during his term in any business, or be financially interested in any
contract with, or in any franchise, or special Art. 9B, Sec. 7: No appointive official shall hold any other
privilege granted by the Government (Its subdivisions, office or employment in the Government or any (Its
RA 9006/ Fair Election Act/ Farinas vs Exec. Secretary: When an elective official runs agencies, or instrumentalities) and Government-owned subdivisions, agencies, or instrumentalities) and
for another office other than the one he is currently holding, he is no longer ipso facto or controlled corporations or their subsidiaries Government-owned or controlled corporations or their
resigned 3. They shall strictly avoid conflict of interests in the subsidiaries
conduct of their office. • Unless allowed by law or by the primary functions
Art. 6, Sec. 14: of his office
3. No member of Congress may personally appear as counsel before any court of • Exception: If the position other than their primary
justice, electoral tribunals, quasi-judicial or administrative bodies position is expressly authorized by the Constitution, in Art. 9B, Sec. 8: No elective or appointive public officer or
4. He cannot be directly or indirectly be interested financially in any contact, their ex-officio (by virtue of office) capacity or those employee shall receive additional, double, or indirect
franchise, or special privilege granted by the Government (Its subdivisions, agencies, additional functions that are intimately related to their compensation, unless specifically authorized by law. Nor
or instrumentalities) and Government-owned or controlled corporations or their primary office which do not constitute a new accept, without the consent of the Congress, any present,
subsidiaries during his term appointment. emolument, office, or title of any kind from any foreign
5. He shall not intervene in any matter before any office of the government for his government.
pecuniary benefit or where he may be called upon to act on account of his office Funa vs Agra (2013): Includes appointments in acting • Pensions and gratuities are not considered as
capacity/temporary appointments. additional, double, or indirect compensation
Art. 9B, Sec. 7: No elective official shall be eligible for appointment or designation in
any capacity to any public office or position during his tenure Spouses and relatives by consanguinity or affinity Art. 11, Sec. 16: No loan, guaranty, or other form of
within the 4th civil degree of the President shall not financial accommodation for any business purpose may be
Art. 9B, Sec. 8: No elective or appointive public officer or employee shall receive be appointed as members of the: granted, directly or indirectly, by any government-owned or
additional, double, or indirect compensation, unless specifically authorized by law. Nor 1. Constitutional Commissions controlled bank or financial institution to the President, the
accept, without the consent of the Congress, any present, emolument, office, or title of 2. Office of the Ombudsman Vice-President, Members of the Cabinet, Congress,
any kind from any foreign government. 3. Secretaries, Undersecretaries, Chairman, Heads of Supreme Court, Constitutional Commissions, and the
• Pensions and gratuities are not considered as additional, double, or indirect Bureaus or Offices, including government-owned or Ombudsman, or to any firm or entity in which they have
compensation controlled corporations or their subsidiaries. controlling interest during their tenure.
• If such relatives are already in office when a
Art. 11, Sec. 16: No loan, guaranty, or other form of financial accommodation for any President assumes office, the relatives are not
business purpose may be granted, directly or indirectly, by any government-owned or ousted from their positions. What is prohibited
controlled bank or financial institution to the President, the Vice-President, Members of is appointment or re-appointment.
the Cabinet, Congress, Supreme Court, Constitutional Commissions, and the
Ombudsman, or to any firm or entity in which they have controlling interest during their Art. 7, Sec. 15: President/Acting President cannot
tenure. make appointments during the 2 months immediately
preceding the next presidential elections and up to the
end of his term
• Except: Vacancies to executive positions
where the continued vacancy will prejudice
public service or endanger public safety
• De Castro vs JBC (2010): Appointments to
the Supreme Court are not covered by the
appointments ban.

Art. 9B, Sec. 7: No elective official shall be eligible for

appointment or designation in any capacity to any
public office or position during his tenure

Art. 9B, Sec. 8: 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 and gratuities are not considered as
additional, double, or indirect compensation

Art. 11, Sec. 16: No loan, guaranty, or other form of

financial accommodation for any business purpose may
be granted, directly or indirectly, by any government-
owned or controlled bank or financial institution to the
President, the Vice-President, Members of the Cabinet,
Congress, Supreme Court, Constitutional Commissions,
and the Ombudsman, or to any firm or entity in which
they have controlling interest during their tenure.

Salaries Art. 6, Sec. 10: The salaries of Senators and Members of the HR shall be determined Art. 7, Sec. 6: Salaries of the President and VP are
by law. determined by law
• No increase in said compensation shall take effect until after the expiration of • Salaries shall not be decreased during their
the full term of all the members of the Senate and HR approving such increase tenure.
• No provision about decrease • No increase in said compensation shall take
effect until after the expiration of the term of the
incumbent during which such increase was
approved.
Art. 8, Sec. 10: The Salary of the Chief Justice, and of the
Associate Justices of the Supreme Court, and of judges of
lower courts shall be fixed by law
• During their continuance in office, their salary
shall not be decreased.
• No provision about increase
Niaftan vs Commission on Internal Revenue (1987):
Salary of judges and justices are subject to income tax
 Constitutional Commissions/ Ombudsman

Clarence Tiu, Ateneo Law 1-B, Constitutional Commissions/Ombudsman Table

Civil Service Commission (CSC)
Purpose The general objective of a Civil
Service System is to establish and
promote professionalism and
efficiency in public service.
Commission on Elections (COMELEC) Commission on Audit (COA) Ombudsman
Enforce and administer all laws and regulations Examine the accuracy of the records kept and to People’s champion against graft and corruption in the
relative to the conduct of an election, plebiscite, determine whether expenditures have been made Government
initiative, referendum and recall in conformity with law and to take corrective
action when necessary.

Function and Powers Art. 9A, Sec. 1: The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Art. 11, Sec. 13: The Ombudsman shall have the
Elections, and the Commission on Audit following powers, functions and duties:
1. Civil Service Commission- Personnel office of the Government 1. Investigate on its own, or on complaint by any
2. Commission on Elections- Charged with the administration of the all important electoral process person, any act or omission of any public official,
3. Commission on Audit- Auditing office employee, office, or agency, when such act or
omissions appears to be illegal, unjust, improper, or
Art. 9A, Sec. 4: The Constitutional Commissions shall appoint their officials and employees in accordance with law inefficient
Art. 9A, Sec. 5: The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly 2. Direct, upon complaint or at its own instance, any
released public official or employee of the Government (Its
Art. 9A, Sec. 6: Each commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of subdivisions, agencies, or instrumentalities) and
its ofices. Such rules however shall not diminish, increase, or modify substantive rights. Government-owned or controlled corporations with
• Aruelo, Jr. vs Court of Appeals (1993): In case of conflict between a rule of procedure promulgated by a Commission and a original charter, to perform and expedite any act or
Rule of Court, Rule of Commission shall prevail if the proceeding is before a commission; but if the proceeding is before a Court, duty required by law, or to stop, prevent, and correct
Rules of Court shall prevail. any abuse or impropriety in the performance of
• Antonio vs Comelec (1999): If rules promulgated by a Commission are inconsistent with a statute, statute prevails. duties.
• Power of SC to disapprove rules of quasi-judicial or administrative bodies (Art. 8, Sec. 5) does not apply to the Commissions 3. Direct the officer concerned to take appropriate
because they are independent bodies. SC may, however, exercise judicial review over them. action against a public official or employee at fault, and
• Art. 9A, Sec. 8: Each commission shall perform such other functions as may be provided by law. recommend his removal, suspension, demotion, fine,
censure, or prosecution, and ensure compliance
therewith.
4. Direct the officer concerned, in any appropriate
case, and subject to such limitations as may be

Clarence Tiu, Ateneo Law 1-B, Constitutional Commissions/Ombudsman Table
Civil Service Commission (CSC)
Art. 9B, Sec. 3: The Civil Service
Commission, as the central
personnel agency of the
Government, shall:
1. Establish a career service
2. Adopt measures to promote
morale, efficiency, integrity,
responsiveness, progressiveness,
and courtesy in the Civil Service
3. Strengthen the merit and
rewards system
4. Integrate all human resources
development programs for all
levels and ranks
5. Institutionalize a management
climate conducive to public
accountability
6. Submit to the President and
Congress an annual report on its
personnel programs
CSC is an administrative agency. It al contests relating to election, returns, and
can only perform and be given
powers proper to an administrative and city officials
agency. It can performa executive,
quasi-judicial powers, and quasi-
legislative or rule making powers.
Art. 9B, Sec. 2: The Civil Service
embraces all branches, subdivisions, jurisdiction
instrumentalities, and agencies of
the Government, including
government-owned or controlled
corporations with original charters.
• Corporation with original
charters means that they
were created by a special
law and not through the
general corporation law.
Composition and Art. 9B, Sec. 1: The Civil Service
Appointment shall be administered by the Civil
Service Commission composed of a
Chairman and 2 Commissioners.
They shall be appointed by the
President with the consent of the
Commission on Appointments.
Art. 9B, Sec. 2:
Competitive positions
Appointments made only according
to merit and fitness to be
determined as far as practicable, by
competitive examination
Non-competitive positions
Positions which by their nature are
policy-determining, primarily
confidential or highly technical as
determined by the nature of the
functions attached to it. Appointing
authority has discretion on who to
appoint.
Constitutional Commissions/ Ombudsman
censure, or prosecution, and ensure compliance
therewith.
Commission on Elections (COMELEC) Commission on Audit (COA) Ombudsman
4. Direct the officer concerned, in any appropriate
Art. 9C, Sec. 2: The Commission on Elections Art. 6, Sec. 20: Commission on Audit shall audit case, and subject to such limitations as may be
shall exercise the following powers and functions: the records and books of accounts of the provided by law, to furnish it with copies of
Executive Powers Congress and shall publish annually an itemized documents relating to contracts or transactions
1. Enforce and administer all laws and list of amounts paid to and expenses incurred for entered into by his office involving the disbursement
regulations relative to the conduct of an election, each member of the Congress. or use of public funds or properties, and report any
plebiscite, initiative, referendum and recall • To check accuracy and authorization irregularity to the Commission on Audit for appropriate
but no receipts are needed for the books/ action.
Quasi-Legislative Powers records of Congress, only certifications. 5. Request any government agency for assistance
Gallardo vs Tabamo, Jr. (1993): Comelec may and information necessary in the discharge of its
promulgate rules and regulations for the Art. 9D, Sec. 2: Commission on Audit shall have responsibilities, and to examine, if necessary,
implementation of election laws the power, authority and duty to: pertinent records and documents.
Art. 9C, Sec. 3: Comelec en banc shall 1. Examine, audit, and settle all accounts 6. Publicize matters covered by its investigation when
promulgate its rules of procedure in order to pertaining to the revenue and receipts of, and circumstances so warrant and with due prudence
expedite disposition of election cases, including expenditures or uses of funds and property, 7. Determine the causes of inefficiency, red tape,
pre-proclamation controversies. owned or held in trust by, or pertaining to, the mismanagement, fraud, and corruption in the
Art. 9C, Sec. 4: Power given to Comelec to Government (Its subdivisions, agencies, or Government, and make recommendations for their
regulate media is a delegation of rule-making instrumentalities) and Government-owned or elimination and the observance of high standards of
authority controlled corporations with original charters ethics and efficiency.
2. Post-Audit Basis: 8. Promulgate its Rules of Procedure and exercise
Quasi Judicial Powers 1. Constitutional bodies, commissions such other powers or perform such functions or duties
1. Exercise original exclusive jurisdiction over and offices that have been granted fiscal as may be provided by law
autonomy under this Constitution
qualifications of all elective regional, provincial, 2. Autonomous state colleges and Ombudsman vs Rodriguez (2010): Primary jurisdiction
univeersities to investigate any act or omission of a public officer or
2. Appellate jurisdiction over all contests 3. Other government-owned or controlled employees applies only in cases cognizable by the
involving elective municipal officials decided by corporations or their subsidiaries Sandiganbayan. In cases cognizable by regular courts,
the trial courts of general jurisdiction 4. Non-governmental entities receiving Ombudsman has concurrent jurisdiction with the other
3. Appellate jurisdiction over elective barangay subsidy or equity, directly or indirectly, investigative agencies of Government.
officials decided by trial courts of limited from or through the Government (Which
are required by law or the granting RA 6670,Ombudsman Act of 1989, Jurisprudence:
• Decisions, final orders, and rulings of institution to submit to such audit as a Ombudsman has power to:
the Comelec on contests involving condition of subsidy or equity) 1. Conduct preliminary investigations and to prosecute
elective municipal and barangay 3. Adopt measures, including temporary or 2. Delegate the power to investigate to others who have
officers shall be final, executory, and special pre-audit as are necessary and the power to investigate and take it back any time he
not appealable. appropriate to correct the deficiencies. wants to.
• In its appellate jurisdiction, the Comelec • Where the internal control system of the 3. Power to impose preventive suspension
has jurisdiction to issue writs of audited agencies is inadequate. • Only until 90 days
Certiorari, Mandamus, Quo Warranto, 4. Keep the general accounts of the 4. Impose direct administrative penalties in
and Habeas Corpus. In this case their government and, for such period as may be administrative cases
jurisdiction is concurrent with the SC. provided by law, preserve the vouchers and other 5. Disciplinary authority over all elective and appointive
supporting papers pertaining thereto officials of the Government, except impeachable
Other Administrative Powers 5. Exclusive authority, subject to the limitations officers, members of Congress, and the Judiciary
1. Decide, except those involving the right to of this article, to define the scope of its audit and • But it has no power to remove
vote, all questions affecting elections, including examination, establish the techniques and
determination of the number and location of methods required therefor, and promulgate Art. 11, Sec. 14: The office of the Ombudsman shall
polling places, appointment of election officials accounting and auditing rules and regulations, enjoy Fiscal Autonomy. Its approved annual
and inspectors and registration of votes. including those for the prevention and appropriations shall be automatically and regularly
2. Deputize, with the concurrence of the disallowance of irregular, unnecessary, released.
President, law enforcement agencies and excessive, extravagant, or unconscionable
instrumentalities of the Government, including expenditures, or uses of government funds and
the Armed Forces of the Philippines, for the properties.
exclusive purpose of ensuring free, orderly,
honest, peaceful, and credible elections Summarized version of Art. 9D, Sec. 2:
3. Register, after sufficient publication, political Powers and functions of COA:
parties, organizations, or coalitions which, in 1. To examine and audit all forms of
addition to other requirements, must present their government revenues
platform or program of government; and accredit 2. To examine and audit all forms of government
citizen’s arms of the Comelec. expenditures
4. File, upon a verified complaint, or on its own 3. Settle government accounts
initiative, petitions in Court for inclusion or 4. To define the scope and techniques for its
exclusion of voters; investigate and prosecute own auditing procedures
cases of violations of election laws, including • Exclusive
acts or omissions constituting election frauds, 5. To promulgate accounting and auditing
offenses and malpractices. rules including those for the prevention and
• Authority to investigate and prosecute disallowance of irregular, unnecessary,
cases of election laws is exclusive to excessive, extravagant, or unconscionable
Comelec expenditures
6. To decide administrative cases involving
Art. 9C, Sec. 4: Comelec may, during election expenditure of public funds
period, supervise or regulate the enjoyment or
utilization of all franchises or permits for the DBP vs COA (1994): In cases where pre-audit is
operation of transportation and other public allowed and pre-audit is already performed, the
utilities, media of communication or information, COA is not estopped form making a post-audit.
all grants, special privileges, or concessions DBP vs COA (2002) Auditing power of COA is
granted by the Government (Its subdivisions, non-exclusive, private auditors may still be hired
agencies, or instrumentalities) and Government- but in case of conflict, COA’s findings and
owned or controlled corporations or their conclusions necessarily prevail over those of
subsidiaries private auditors.
• Such supervision or regulation shall aim
to ensure equal opportunity, time and Art. 9D, Sec. 3: No law shall be passed
space, and the right to reply, including exempting any entity of the government or its
reasonable, equal rates therefor, for subsidiary in any guise whatever, or any
public information campaigns and forums investment of public funds, from the jurisdiction
among candidates in connection with the of the COA.
objective of holding free, orderly, honest,
peaceful, and credible elections
Art. 9C, Sec. 1: There shall be a Commission on Art. 9D, Sec. 1: There shall be a Commission on Art. 11, Sec. 5: There is hereby creted the independent
Elections composed of a Chairman and 6 Audit composed of a Chairman and 2 office of the Ombudsman, composed of:
Commissioners appointed by the President with Commissioners appointed by the President with 1. Ombudsman (Known as Tanodbayan)
the consent of the Commission on Appointments. the consent of the Commission on Appointments. 2. Over-all Deputy
3. At least 1 deputy for Luzon, Visayas and Mindanao
4. A separate deputy for the military establishment may
likewise be appointed
Art. 11, Sec. 9: The Ombudsman and his deputies shall
be appointed by the President from a list of at least 6
nominees prepared by the Judicial and Bar Council,
and from a list of 3 nominees for every vacancy
thereafter. Such appointments require no confirmation.
All vacancies shall be filled within 3 months/90 days
after they occur.
Art. 11, Sec. 10: The Ombudsman and his deputies
shall have the rank of Chairman and Members
(Commissioners) of the Constitutional Commissions.
 Constitutional Commissions/ Ombudsman

Clarence Tiu, Ateneo Law 1-B, Constitutional Commissions/Ombudsman Table

Civil Service Commission (CSC) Commission on Elections (COMELEC) Commission on Audit (COA) Ombudsman
Qualifications Art. 9B, Sec. 1: Qualifications of Art. 9C, Sec. 1: Qualifications of the members of Art. 9D, Sec. 1: Qualifications of the members of Art. 11, Sec. 8: The Ombudsman and his Deputies shall
members of the CSC: Comelec COA: be:
1. Natural-born citizens of the 1. Natural-born citizens of the Philippines 1. Natural-born citizens of the Philippines 1. Natural- born citizens of the Philippines
Philippines 2. At least 35 years of age at the time of 2. At least 35 years of age at the time of 2. At least 40 years old at the time of appointment
2. At least 35 years of age at the appointment appointment 3. Recognized probity and independence
time of their appointment 3. Holders of college degree 3. Must not have been candidate for any elective 4. Members of the Philippine Bar
3. Proven capacity for public 4. Must not have been candidate for any elective position in the elections immediately preceding 5. Must not have been candidate for any elective
administration position in the elections immediately preceding their appointment position in the elections immediately preceding their
4. Must not have been candidate for their appointment 4. Certified Public Accountants (CPA) or appointment
any elective position in the elections 5. Majority of thereof, including its chairman members of the Philippine Bar who have been Extra qualification for the Ombudsman:
immediately preceding their (Chairman and 3 commissioners) should be engaged in the practice of law for at least 10 • Must have 10 years or more been a judge or
appointment members of the Philippine bar and engaged in years engaged in the practice of law in the Philippines
the practice of law for at least 10 years • At no time shall all members of the
Term Art. 9B, Sec. 1: Chairman and Art. 9C, Sec. 1: Chairman and Commissioners Art. 9D, Commission
Sec. 1: Chairman
belongandto Commissioners
the same Art. 11, Sec. 11: The Ombudsman and his Deputies
Commissioners shall have a term of shall have a term of 7 years without shall have a term of 7 years without
profession shall serve for a term of 7 years without
7 years without reappointment. reappointment. reappointment. reappointment.
•Appointment to any •Appointment to any vacancy shall be •Appointment to any vacancy shall be
vacancy shall be only for the only for the unexpired term of the only for the unexpired term of the
unexpired term of the predecessor. In no case shall any predecessor. In no case shall any
predecessor. In no case member be appointed or designated in a member be appointed or designated in a
shall any member be temporary or acting capacity temporary or acting capacity
appointed or designated in a •Prohibition on reappointment applies •Prohibition on reappointment applies
temporary or acting capacity even if the Commissioner has served for even if the Commissioner has served for
•Prohibition on less than 7 years. less than 7 years.
reappointment applies even
if the Commissioner has
served for less than 7 years. Staggered terms: Of those first appointed, the 3 Staggered terms: Of those first appointed, the
members shall hold office for 7 years, 2 members chairman shall hold office for 7 years, 1
for 5 years and the last member for 3 years commissioner for 5 years and the other for 3
Staggered terms: Of those first without reappointment. years without reappointment.
appointed, the chairman shall hold
office for 7 years, 1 commissioner
for 5 years and the other for 3 years
without reappointment.

Gaminde vs Commission on Audit (2000): 2 requisites for the staggered rotational system:
1. Appointment to vacancy is only for the unexpired term
2. Starting point of term for all appointments is Feb. 2 of the respective year as Feb. 2, 1987 was the date the Constitution took effect.
• This applies to any law providing for a staggering of appointees

Matibag vs Benipayo (2002): Meaning of prohibition of reappointment, it only applies to:

1. Those who have served a full 7 years, meaning those who served a commissioner for 5 years can only serve as chairman, if appointed,
for 2 years; or has served for 7 years regardless of regular appointment or ad-interim appoint, such cannot be reappointed.
2. Those who are appointed and confirmed by CA even if they have served for less than 7 years, if they are appointed to the unexpired
term, they cannot be reappointed again
• Ad-interim appointments, meaning they are permanent appointments made by the President when Congress is not in
session which are not confirmed by CA, if bypassed by the CA can be reappointed again as ad-interim as long as it is for
the same term, this is not covered by the rule of prohibition of reappointment
• Prohibition of reappointment is only of one who has been confirmed by the Commission on Appointments

Rights/Privilege Art. 9B, Sec. 2: Commissioners/Chairman are removable only through impeachment
1. No officer or employee of the Civil
Service shall be removed or
suspended except for cause
provided by law.
• Guarantee of both
procedural and substantive
due process
2. The Right to Self-Organization
shall not be denied to government
employees
3. Temporary employees of the
Government shall be given such
protection as may be provided by
law

Disqualification/ Art. 9A, Sec. 2: No member

Commissioners/Chairman areof a Constitutional Commission shall, during his tenure: Art. 11, Sec. 11: Ombudsman and his Deputies shall
Prohibitions 1. Hold anyonly
removable other office or employment.
through not be qualified to run for any office in the election
2. 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
impeachment immediately succeeding their cessation from office
the functions of his office
• Does not include teaching (Bernas Greenbook) Art. 9B, Sec. 7: No appointive official shall hold any
3. Be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government (Its other office or employment in the Government or any
subdivisions, agencies, or instrumentalities) and Government-owned or controlled corporations or their subsidiaries (Its subdivisions, agencies, or instrumentalities) and
Government-owned or controlled corporations or their
Art. 9B, Sec. 7: No appointive official shall hold any other office or employment in the Government or any (Its subdivisions, agencies, or subsidiaries
instrumentalities) and Government-owned or controlled corporations or their subsidiaries • Unless allowed by law or by the primary
• Unless allowed by law or by the primary functions of his office functions of his office.

Art. 9B, Sec. 8: No elective or appointive public officer

Art. 9B, Sec. 8: No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless or employee shall receive additional, double, or indirect
specifically authorized by law. Nor accept, without the consent of the Congress, any present, emolument, office, or title of any kind from compensation, unless specifically authorized by law.
any foreign government. Nor accept, without the consent of the Congress, any
• Pensions and gratuities are not considered as additional, double, or indirect compensation present, emolument, office, or title of any kind from any
Art. 11, Sec. 16: No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or foreign government.
indirectly, by any government-owned or controlled bank or financial institution to the President, the Vice-President, Members of the • Pensions and gratuities are not considered as
Cabinet, Congress, Supreme Court, Constitutional Commissions, and the Ombudsman, or to any firm or entity in which they have additional, double, or indirect compensation
controlling interest during their tenure. Art. 11, Sec. 8: During the tenure of the Ombudsman
and his Deputies, they shall be subject to the same
disqualifictions and prohibitions as provided for in Art.
9A, Sec. 2.
Art. 9A, Sec. 2: No member of a Constitutional
Commission shall, during his tenure:
1. Hold any other office or employment.
2. 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

Clarence Tiu, Ateneo Law 1-B, Constitutional Commissions/Ombudsman Table
Civil Service Commission (CSC)
Art. 9B, Sec. 2: No officers or
employee in the Civil Service shall
engage, directly, or indirectly, in any
electioneering or partisan political
campaign.
Constitutional Commissions/ Ombudsman
Commission on Elections (COMELEC)
Commission shall, during his tenure:
1. Hold any other office or employment.
2. Engage in the practice of any profession or in the
Commission on Audit (COA) active management orOmbudsman
control of any business which in
any way may be affected by the functions of his office
• Does not include teaching (Bernas Greenbook)
3. Be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted by
the Government (Its subdivisions, agencies, or
instrumentalities) and Government-owned or controlled
corporations or their subsidiaries

Art. 11, Sec. 16: No loan, guaranty, or other form of

financial accommodation for any business purpose may
be granted, directly or indirectly, by any government-
owned or controlled bank or financial institution to the
President, the Vice-President, Members of the Cabinet,
Congress, Supreme Court, Constitutional Commissions,
and the Ombudsman, or to any firm or entity in which
they have controlling interest during their tenure.

Salaries Art. 9A, Sec. 3: The salary of the chairman and the commissioners shall be fixed by law and shall not be decreased during their tenure Art. 11, Sec. 10: Ombudsman and his deputies, shall
receive the same salary as the Chairman and Members
of the Constitutional Commissions, which shall not be
decreased during their term of office

Procedural Art. 9A, Sec. 7: Each Commission shall decide by a majority vote of all its members in any case or matter brought before it within 60
days/2 months from the date of its submission for decision or resolution.
• A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, memorandum,
required by the rules of the commission.
• Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to
the Supreme Court on Certiorari by the aggrieved party within 30 days from receipt of a copy thereof.
• Certiorari jurisdiction of the SC is limited to decisions rendered in actions or proceedings taken cognizance by the
Commission in the exercise of its adjudicatory or quasi-judicial powers
• Reyes vs RTC (1995) A case may be brought to the Supreme Court only after its reconsideration.

Art. 9C: The Comelec may sit en banc or in 2

divisions. All election cases shall be heard and
decided in division, provided that motion for
reconsideration of decisions shall be decided by
the Commission en banc.
• Only in the exercise of adjudicatory/
quasi-judicial powers, is the Comelec
mandated to hear cases by division first.

Baytan vs Comelec (2003): Administrative

powers may be exercised by division or en banc.
Salazar vs Comelec (1990): A decision en banc
is required only when the subject for
reconsideration is a decision, that is a resolution
of substantive issues.
Soller vs Comelec (2000): Comelec en banc has
no jurisdiction to decide election cases in the first
instance, such decision will be void. Comelec
division must decide it first.

Senate Electoral Tribunal (SET)/ House
Electoral Tribunal (HRET)
Functions Art. 6, Sec. 17: Sole judge of all contests
relating to the election, returns and
qualifications of their respective members. the Congress from their submission.
Reyes vs Comelec (2013): Once a winning Art. 6, Sec. 19: Commission on
candidate has been validly proclaimed,
taken his oath in open session, and
assumed office, Comelec’s jurisdiction
over electoral contests relation to election, to discharge such powers and functions as
returns, and qualifications ends, and the
Electoral Tribunal’s jurisdiction begins.
• Oath must be made before open Art. 7: Sec. 16: Function of the
session
• Assumption of office begins on
noon of June 30 following the
election.
• Comelec handles pre-
proclamation controversies
Angara vs Electoral Commission (1936): exercises purely executive powers
There must be an election contest filed by
the respective person who lost against the
member of Congress. Absence of such
election contest, the Electoral Tribunals are
without jurisdiction.
Independent constitutional creation,
exercises quasi-judicial powers
Composition Art. 6, Sec. 17: Each Tribunal is composed
of 9 members:
1. 3 Justices of the Supreme Court
designated by the Chief Justice
2. 6 shall be members of the Senate or
HR, as the case may be. (Senators for
SET and members of the HR for HRET)
• Such Senators or members of the
HR shall be chosen on the basis of
proportional representation from
the political parties they represent.
• Chairman will be the most senior
justice.
Art. 6, Sec. 19: Electoral Tribunals and
Commission on Appointments shall be
constituted within 30 days after the Senate
and the HR shall have been organized with
the election of its President and Speaker
Term
Constitutional Bodies
Clarence Tiu, Ateneo Law 1-B, Constitutional Bodies Table
Commission on Appointments (CA) Presidential Electoral Tribunal (PET) Judicial and Bar Council (JBC)
Art. 6, Sec. 18: Act on all appointments Art. 7, Sec. 4: Supreme Court en banc shall Art. 8, Sec. 8: Council shall have the
submitted to it, within 30 session days of be the sole judge of all contests relating to principal function of recommending
the election, returns, and qualifications of appointees to the Judiciary. It may exercise
the President or Vice-President. such other functions and duties as the
Supreme Court may assign to it.
Appointments shall meet only when
Congress is in session at the call of its
chairman, or a majority of all its members
are herein conferred upon it.
Commission on Appointments is to
consent to or confirm nominations or
appointments submitted to it by the
President. It is an administrative check on
the appointing authority of the President.
Independent constitutional creation,
Art. 6, Sec. 18: Composed of 25 members: Justices of the Supreme Court Art. 8, Sec. 8: Judicial and Bar Council is
1. Senate President (Ex-officio chairman) hereby created under the supervision of
2. 12 Senators the Supreme Court composed of 7
3. 12 Members of HR members:
•Elected by each house on the Ex-officio members
basis of proportional 1. Chief Justice as ex-officio chairman
representation from the political 2. Secretary of Justice
parties they represent 3. Representative of Congress
• Chairman shall not vote except in Regular members
case of a tie 4. Representative of the Integrated Bar
• Rule by majority vote of all the 5. Professor of Law
members 6. Retired member of the Supreme Court
7. Representative of the Private Sector
Art. 6, Sec. 19: Electoral Tribunals and
Commission on Appointments shall be • Regular members of the JBC shall be
constituted within 30 days after the Senate appointed by the President with the
and the HR shall have been organized with consent of the Commission on
the election of its President and Speaker Appointments
• Clerk of the SC shall be the secretary ex-
Guingona, Jr. vs Gonzales: Full officio of the council and shall keep a
membership of 12 for each house is not record of its proceedings.
mandatory
Chavez vs JBC (2012): SC ruled that
“representative from Congress” meant only
1 person from both the Senate and HR can
be an ex-officio member of the JBC. Hence
the practice of having one representative
from the Senate and HR is unconstitutional
whether they have 1 or 1/2 vote each.
N/A Art. 8, Sec. 8: Regular members have a
term of 4 years
Staggered terms: Of regular members first
appointed, the representative of the
Integrated Bar shall serve 4 years,
professor of law for 3 years, retired SC
justice for 2 years, and representative of
the private sector for 1 year.