Professional Documents
Culture Documents
1. COMELEC
2. COA
3. CSC
SECTION 1. Qualifications
(1) The Civil Service shall be administered by the Civil Service Commission composed of a
Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at
the time of their appointment, at least thirty-five years of age, with proven capacity for public
administration, and must not have been candidates for any elective position in the elections
immediately preceding their appointment.
(2) The Chairman and the Commissioners shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven years without reappointment. Of those
first appointed, the Chairman shall hold office for seven years, a Commissioner for five years,
and another Commissioner for three years, without reappointment. Appointment to any
vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member
be appointed or designated in a temporary or acting capacity.
SECTION 2.
(1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the
Government, including government-owned or controlled corporations with original charters.
(2) Appointments in the civil service shall be made only according to merit and fitness to be
determined, as far as practicable, and, except as to positions which are policy-determining,
primarily confidential, or highly technical, by competitive examination.
(3) No officer or employee of the civil service shall be removed or suspended except for cause
provided by law.
(4) No officer or employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.
(5) The right to self-organization shall not be denied to government employees.
(6) Temporary employees of the Government shall be given such protection as may be provided
by law.
SECTION 3. The Civil Service Commission, as the central personnel agency of the Government,
shall:
1) establish a career service and adopt measures to promote morale, efficiency, integrity,
responsiveness, progressiveness, and courtesy in the civil service.
2) It shall strengthen the merit and rewards system, integrate all human resources
development programs for all levels and ranks, and institutionalize a management climate
conducive to public accountability.
3) It shall submit to the President and the Congress an annual report on its personnel
programs.
SECTION 4. All public officers and employees shall take an oath or affirmation to uphold and
defend this Constitution.
SECTION 5. The Congress shall provide for the standardization of compensation of government
officials, including those in government-owned or controlled corporations with original
charters, taking into account the nature of the responsibilities pertaining to, and the
qualifications required for their positions.
SECTION 6. No candidate who has lost in any election shall, within one year after such election,
be appointed to any office in the Government of any government-owned or controlled
corporations or in any of its subsidiaries.
The candidate who has lost in an election may be engaged as consultant even within the
one year prohibited period.
SECTION 7. No elective official shall be eligible for appointment or designation in any capacity
to any public office or position during his tenure.
Unless otherwise allowed by law or by the primary functions of his position, no
appointive official shall hold any other office or employment in the Government or any
subdivision, agency or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries.
You can be appointed but you should not receive anything, isa lang dapat ang sweldo.
There will be no violation of any law because he is not receiving extra/double
compensation.
Ex: Estelito Mendoza
Q: What is ex-officio
A:
The authority granted by the Civil Service Commission (CSC) to a city government to
“take final action” on all its appointments did not deprive the CSC of its authority and duty to
review appointments. The CSC is empowered to take appropriate action on all appointments and
other personnel actions. Such power includes the authority to recall appointments initially
approved in disregard of applicable provisions of the Civil Service law and regulations
(Nazareno v. City of Dumaguete, G.R. No. 181559, Oct. 2, 2009).
NOTE: The municipal mayor, being the appointing authority, is the real party in interest to
challenge the CSC’s disapproval of the appointment of his/her appointee. The CSC’s
disapproval of an appointment is a challenge to the exercise of the appointing authority’s
discretion. The appointing authority must have the right to contest the disapproval
(Dagadag v. Tongnawa, G.R. Nos. 161166-67, Feb. 3, 2005).
Q: What are the powers of CSC under EO 292 and under the Constitution?
Q: What if the public officer failed to sign the appointment? Will it invalidate appointment
but the public officer assumed office and performs his functions as public officer?
A: No, the appointment is still valid, assumption of office and performance of its functions
are considered acceptance, implied acceptance.
A person may be appointed 2 times but double compensation shall not be allowed:
Requisites:
1. There must be no conflict between the 2 positions
4. There shall be no double compensation
5. Appointment to another position will not prejudice the other position.
Removal Recall
Limitations on recall
1. An elective official can be subjected to recall only once
2. No recall shall take place within one (1) year from the assumption of office or one year
immediately preceding a regular local election (Sec. 74 (b) of Republic Act No. 7160).
NOTE: For the time bar to apply, the approaching local election must be one where the
position of the official to be recalled is to be actually contested and filled by the electorate
(Angobung v. COMELEC, G.R. No. 126576, March 5, 1997).
It can be ordered even without a hearing because this is only preliminary step in an
administrative investigation (Alonzo v. Capulong, et al., G.R. No. 110590, May 10, 1995).
NOTE: When a public officer is charged with violation of the Anti-Graft and Corrupt
Practices Act or R. A No. 3019, a pre-suspension hearing is required solely to determine the
applicability of such law and for the accused be given a fair and adequate opportunity to
challenge the validity of the criminal proceedings against him. This may be done through
various pleadings (Torres v. Garchitorena, G.R. No. 153666, Dec. 27, 2002).
Appointment of Public Officers
a) General qualifications of civil servants – Sec. 20, Art. III, PD 807
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a) Power of Congress to prescribe qualifications - Anong LEGAL BASIS
The qualifications prescribed must not be too detailed as to practically amount to making
an appointment which is an executive function and not legislative.
(2) Where office created by Congress. — Where an office is the creature of Congress, that
body can deal with the subject of qualification and disqualification, provided that in so
doing it does not impinge upon any express provision of the Constitution. For example,
where an office is created by a legislative enactment, Congress has the power to specify
that certain classes of individuals are disqualified from holding the office.
(3) Where office created by the Constitution. — The general rule is that where the
Constitution establishes specific eligibility requirements for a particular constitutional
office, the constitutional criteria are exclusive. Thus, Congress may have no power to
require different qualifications for constitutional offices other than those qualifications
specifically set out in the Constitution. This is especially true in regard to offices created by
the Constitution itself, unless the Constitution expressly or impliedly gives the power to set
qualifications.
Where the Constitution has prescribed certain qualifications, Congress may prescribe additional
qualifications unless it appears that this action is prohibited.
However, Congress may not add disqualifications where the Constitution has
provided them in such a way as to indicate an intention that the disqualifications
provided shall embrace all that are to be permitted. Moreover, when the Constitution
has attached a disqualification to the holding of any office, Congress cannot remove it
under the power to prescribe qualifications as to such offices as it may create.
When must the qualifications to a public office exist — at the time of election or
appointment, at the commencement of the term, or at the time of assuming office? In
ascertaining this matter, the language used in the constitutional or statutory provisions
declaring the qualifications is to be considered.
(1) Where time specified by Constitution or law. — The Constitution or law may,
expressly or by necessary implication, specify the time when the required eligibility
must exist. Where such is the case, there can be no question but that the candidate
must possess the necessary qualifications at that time. If it is specified that they must
exist at the time of the election, a candidate who does not possess them at the time is
not eligible although the disqualifications cease to exist before the beginning of the
term.
(2) Where Constitution or law is silent. — If the Constitution or law does not specify the
time when the conditions of eligibility must exist, it is necessary for the courts to
have recourse to some other means of determining the matter. The terms employed in
declaring the qualifications are to be taken into consideration.
(a) Some courts have taken the view that the word "eligible," as used in constitutions
and statutes, has reference to the capacity not of being elected or appointed to
office, but of holding office, and that, therefore, if qualified at the time of
commencement of the term or induction into office, disqualification of the
candidate or appointee at the time of election or appointment is immaterial.
(b) Other courts take the position that the conditions of eligibility must exist at the
time of the election or appointment, and that their existence only at the time of the
commencement of the term of office or induction of the candidate or appointee
into office and assumption by him of his duties is not sufficient to qualify him for
the office.
(c) Where the provision refers to holding of office, rather than to eligibility to office,
in defining the qualifications, the courts are inclined to hold that the qualifications
are to be determined at the time of the commencement of the term or the induction
into office, rather than at the time of the election or appointment.
(3) When qualifications must always exist. — In any case, the fact that the candidate or
appointee may have been qualified at the time of his election or appointment is not
sufficient to entitle him to hold the office, if at the time of the commencement of the
term or tenure or during the continuance of the incumbency, he ceases to be
qualified.
(a) Eligibility to public office is of a continuing nature and must exist at the
commencement of the term and during the occupancy of the office.
(b) The qualifications prescribed for elective office cannot be erased by the electorate
alone. The will of the people as expressed through the ballot cannot cure the vice
of ineligibility especially if they mistakenly believed that the candidate was
qualified. This rule requires strict application when the deficiency is lack of
citizenship notwithstanding evidence of the candidate's naturalization after his
proclamation.
Under Commonwealth Act No. 588, the President is authorized to fill temporarily the
position of "an officer, in the Executive Department of the Government" by designating "another
officer already in the service or any other competent person" but such temporary designation
"shall in no case continue beyond the date of the adjournment of the regular session of the
National Assembly (now Congress) following such designation." It has been held, however, that
such temporary authority to make designations under Commonwealth Act No. 588 cannot be
invoked by the President in designating the Solicitor General to act temporarily as a Member of
the Commission on Elections on the ground that the "independence and impartiality" of the
Commission may thereby be "shaken and destroyed.
Power of appointment of the President. Sec 16, Article VII, 1987 Constitution
SECTION 16. The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors, other
public ministers and consuls, or officers of the armed forces from the rank of colonel or
naval captain, and other officers whose appointments are vested in him in this
Constitution. He shall also appoint all other officers of the Government whose
appointments are not otherwise provided for by law, and those whom he may be
authorized by law to appoint. The Congress may, by law, vest the appointment of other
officers lower in rank in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.
Under the above provision, there are four groups of officials whom the President is authorized to
appoint, namely:
(1) The heads of executive departments, ambassadors, other public ministers and consuls, officers of
the armed forces from the rank of colonel or naval captain, and other officers whose appointments are
vested in him in the Constitution. The "other officers" referred to therein are the regular members of
the Judicial and Bar Council, the Chairman and Commissioners of the Civil Service Commission,™
the Chairman and Commissioners of the Commission on Elections, the Chairman and
Commissioners of the Commission on Audit, and the Members of the regional consultative
commission;
(2) All other officers whose appointments are not otherwise provided by law and they refer to officers
to be appointed to lower offices created by Congress where the latter omits to provide for
appointment to said office, or provides in an unconstitutional way for such appointments;
(3) Those whom the President may be authorized by law to appoint such as the heads of government-
owned or -controlled corporations, undersecretaries, heads of bureaus and offices, and other officials;
and
(4) Other officers lower in rank whose appointments the Congress by law vests in the President
alone.
The President shall have the power to make appointments during the recess of the
Congress, whether voluntary or involuntary, but such appointments shall be effective
only until after disapproval by the Commission on Appointments or until the next
adjournment of the Congress.
Confirmation of appointments by Commission on Appointments.
(1) Only the officers in the first group above are appointed with the consent or confirmation
of the Commission on Appointments. Congress cannot, by law, require confirmation of
appointments of other officers. Heads of bureaus and certain offices under the different
departments which are not called bureaus like the Securities and Exchange Commission,
Insurance Commission, etc., are no longer included among those whose appointments are
to be confirmed by the Commission on Appointments. They are civil service officers
whose appointments are supposed to be made only according to merit and fitness.
(2) The President, under the Constitution, appoints the members of the Supreme Court,
judges of lower courts, including the Sandiganbayan, and the Tanodbayan and his Deputies
from a list prepared by the Judicial and Bar Council. Such appointments need no
confirmation. The same is true when the Vice-President is appointed as a member of the
Cabinet.
(3) The Constitution does not state the appointing authority with respect to the Chairman
and Members of the Commission on Human Rights. There is no doubt, however, that the
power to appoint them is lodged in the President under Section 16 above. The
Administrative Code of 1987 states that they shall be appointed by the President. Their
appointments are also not subject to confirmation by the Commission on Appointments
because they are among the officers of government "whom [the President] may be
authorized by law to appoint" pursuant to the second sentence of Article VII, Section 16 of
the Constitution.
Under Article VII, Section 16, above, of the Constitution, Congress may, by law, vest in
courts, heads of departments, agencies, commissions, or boards the power to appoint
officers lower in rank (e.g., Chiefs of divisions or sections) in their respective offices. The
phrase "lower in rank" refers to officers subordinate to those enumerated officers in whom
respectively the power of appointment may be vested—the heads of executive departments,
agencies, commissions, and boards. Appointments of minor employees may also be vested
in them. The Supreme Court appoints all officials and employees of the judiciary.
The phrase does not include heads of bureaus and offices not specifically mentioned in the
Constitution as among those to be appointed by the President who are subordinates of
Cabinet members. By law, their appointments are vested in the President.
g) Kinds of appointments:
Kinds of Presidential appointments.
(1) regular or those made while Congress is in session. They are actually mere
nominations subject to confirmation by the Commission on Appointments;
(2) ad interim or those made while Congress is not in session or during its recess;
(3) permanent or those which last until they are lawfully terminated; and
(4) temporary or acting or those which last until a permanent appointment is issued.
Appointments which are required to be submitted to the Commission on Appointments are
either regular or ad interim. Both are permanent in nature. The first paragraph of Section
16 of Article VII of the Constitution (supra.) refers to the regular appointing power of the
President. Appointments that are for the President solely to make without the participation
of the Commission on Appointments, cannot be ad interim appointments. The President's
voluntary act of submitting such appointments to the Commission and the latter's act of
confirming or rejecting the same would be without or in excess of jurisdiction.
Section 15 of Article VII gives the President the power to make temporary appointments.
It reads: "Two months immediately before the next presidential elections and up to the end
of his term, a President or Acting President shall not make appointment, except temporary
appointments to executive positions when continued vacancies therein will prejudice
service or endanger public safety."
Note: An unqualified person cannot be appointed even in an acting capacity.
Ad interim appointments.
The President shall have the power to make appointments during the recess of the
Congress, whether voluntary or involuntary, but such appointments shall be effective only until
after disapproval by the Commission on Appointments or until the next adjournment of the
Congress.
Hold-over
In case of failure of elections involving barangay officials, the incumbent officials shall
remain in office in a hold-over capacity pursuant to R.A. 9164 (Adap v. COMELEC, G.R. No.
161984, Feb. 21, 2007).
i) Nepotism
Sec. 59. Nepotism . — (1) All appointments in the national, provincial, city and municipal
governments or in any branch or instrumentality thereof, including government-owned or
controlled corporations, made in favor of a relative of the appointing or recommending authority,
or of the chief of the bureau or office, or of the persons exercising immediate supervision over
him, are hereby prohibited.
As used in this Section, the word “relative” and members of the family referred to are those
related within the third degree either or consanguinity or of affinity.
(2) The following are exempted from the operation of the rules on nepotism: (a) persons
employed in a confidential capacity, (b) teachers, (c) physicians, and (d) members of the Armed
Forces of the Philippines: Provided, however, That in each particular instance full report of such
appointment shall be made to the Commission.
The restriction mentioned in subsection (1) shall not be applicable to the case of a member of
any family who, after his or her appointment to any position in an office or bureau, contracts
marriage with someone in the same office or bureau, in which event the employment or retention
therein of both husband and wife may be allowed.
(3) In order to give immediate effect to these provisions, cases of previous appointments which
are in contravention hereof shall be corrected by transfer, and pending such transfer, no
promotion or salary increase shall be allowed in favor of the relative or relatives who are
appointed in violation of these provisions.
Note:
Situations covered. — The Civil Service Decree prohibits all appointments (i.e., without
making any distinction between different kinds or types of appointments) in the
national and local governments or any branch or instrumentality thereof, including
government-owned or controlled corporations, made in favor of a relative of the:
(a) appointing authority;
(b) recommending authority;
(c) chief of the bureau or office; or
(d) person exercising immediate supervision over the appointee.
The above restriction is not applicable to the case of member of any family who,
after his or her appointment to any position in an office or bureau, contracts marriage with
someone in the same office or bureau in which event the employment or retention therein
of both husband and wife may be allowed.
As used in the law, the word "relative" and members of the family referred to are
those related within the third degree either of consanguinity or of affinity. Thus, one is
guilty of nepotism if an appointment is issued in favor of a relative within the third civil
degree of consanguinity or affinity of any of the four mentioned. Clearly, there are four
situations covered. In the last two mentioned situations, it is immaterial who the appointing
or recommending authority is. To constitute a violation of the law, it suffices that an
appointment is extended or issued in favor of a relative within the third civil degree of
consanguinity or affinity of the chief of the bureau or office, or the person exercising
immediate supervision over the appointee.
Designation included in prohibition. — The prohibition includes designation because what
cannot be done directly cannot be done indirectly. It covers all kinds of appointments be
they original, promotional, transfer or reemployment regardless of status. To limit the
thrust of the prohibition to appointments issued at the time of the initial entry into the
government service, and to insulate from the prohibition appointments subsequently issued
when personnel actions are thereafter taken in respect of the employee, would render the
prohibition "meaningless and toothless."
Q: what is Nepotism?
A:Nepotism means favoritism in the appointment in the national, provincial, city and
municipal governments or in any branch or instrumentality thereof, including GOCC, made in
favor of a relative within the 3rd degree either of consanguinity or affinity by the appointing
or recommending authority, or of the chief of the bureau or office, or of the persons exercising
immediate supervision over him
j) Void appointment
An appointment may be void from the beginning due to fraud on the part of the appointee
or because it was issued in violation of law. A void appointment cannot give rise to security of
tenure on the part of the holder of the appointment. The Commission is empowered to take
appropriate action on all appointments and other personal actions {e.g., promotion) and its power
includes the authority to recall or revoke an appointment initially approved in disregard of
applicable provisions of law and regulations.
Whom to appoint among those who possess the required qualifications is, as noted
earlier, a "political" or administrative question involving considerations of wisdom and the
interests of the service which only the appointing authority can decide. The Commission is not
authorized to curtail or diminish the exercise of discretion of the appointing power on the nature
or kinds of appointment to be extended. But the discretion given the appointing authority is
subject to stricter review where the person appointed is being returned to the government after
voluntarily retiring and collecting all the benefits appurtenant to such retirement.
(a) The other instance when a position may be considered primarily confidential is when the
President, upon recommendation of the Civil Service Commissioner, has declared it to be.
However, the President cannot nullify the constitutional provision by placing a position in
an exempt class when the duties thereof are not policy-determining, primarily confidential,
or highly technical in nature, or where it is practicable to determine by competitive
examination merit and fitness therefor. The duties must havesome relationship to the
exemption and the classification must be reasonable.
Upon the enactment of the Civil Service Act of 1959, now the Civil Service Decree, it is
the nature of the position which finally determines whether a position is primarily
confidential. Thus, the positions of senior security guard and security guard were held as
primarily confidential because of the duties and functions attached to said positions.
(b) The assumption that an officer holding a position which is primarily confidential in nature
is subject to removal at the pleasure of the appointing power is inaccurate. Even officials
and employees of the Civil Service occupying primarily confidential positions are subject
to the constitutional safeguard against removal or suspension except for cause. However,
such officials and employees continue only for so long as confidence in them endures.
The termination of their official relation can be justified on the ground of loss of
confidence because in that case, their cessation from office involves no removal but merely the
expiration of the term of office.
The tenure of officials holding primarily confidential positions ends upon loss of
confidence, because their term of office lasts only as long as confidence in them endures; and
thus their cessation involves no removal. When such confidence is lost and the officer holding
such position is separated from the service, such cessation entails no removal but an expiration of
his term. There being no removal or dismissal it could not, therefore, be said that there was a
violation of the constitutional provision that no officer or employee in the civil service shall be
suspended or dismissed except for cause as provided by law.
m) Appointment of next–in-rank;
the appointing authority is not required to appoint the one next-in-rank to fill a vacancy.
He is allowed to fill it also by the transfer of an employee who possesses civil service eligibility.
(Barrozo vs. Civil Service Commission 198 SCRA 487)
The Civil Service Commission cannot dictate to the appointing power whom to appoint.
Its function is limited to determining whether or not the appointee meets the minimum
qualification requirements prescribed for the position. Otherwise, it would be encroaching upon
the discretion of the appointing power. (Meddla vs. Sto. Tomas, 208 SCRA 351)
Protest to appointment
Any person who feels aggrieved by the appointment may file an administrative protest
against such appointment. Protests are decided in the first instance by the Department
Head, subject to appeal to the CSC.
The protest must be for a cause (i.e. appointee is not qualified; appointee was not the
next-in-rank; unsatisfactory reasons given by the appointing authority in making the
questioned appointment). The mere fact that the protestant has the more impressive resume
is not a cause for opposing an appointment (Aquino v. CSC, G.R. No. 92403, April 22,
1992). -> sabi sa GN
Positions in the Civil Service shall be classified into career service and non-career service.
I. Career Service
The Career Service shall be characterized by (1) entrance based on merit and fitness to be
determined as far as practicable by competitive examinations, or based on highly technical
qualifications; (2) opportunity for advancement to higher career positions; and (3) security of
tenure.
NOTE: For a position to be considered as CES, the position must be among those
enumerated under Book V, Title I, Subtitle A, Chapter 2, Section 7(3) of the
Administrative Code of 1987 or a position of equal rank as those enumerated and
identified by the CESB to be such position of equal rank; and the holder of the
position must be a presidential appointee (Seneres v. Sabido, G.R. No. 172902, Oct.
21, 2015).
8. Career officers, other than those in the Career Executive Service, who are appointed by the
President, such as the Foreign Service Officers in the Department of Foreign Affairs;
9. Comissioned officers and enlisted men of the Armed Forces which shall maintain a separate
merit system;
10. Personnel of government-owned or controlled corporations, whether performing
governmental or proprietary functions, who do not fall under the non-career service; and
11. Permanent laborers, whether skilled, semiskilled, or unskilled.
(a) Classes of positions in the career service appointment to which requires examinations shall be
grouped into three major levels as follows:
1. The first level shall include clerical, trades, crafts, and custodial service positions which
involve non-professional or subprofessional work in a non-supervisory or supervisory
capacity requiring less than four years of collegiate studies;
2. The second level shall include professional, technical, and scientific positions which
involve professional, technical, or scientific work in a non-supervisory or supervisory
capacity requiring at least four years of college work up to Division Chief level; and
3. The third level shall cover positions in the (p)Career Executive Service.
Requisites for a CES employee to acquire security of tenure:
a. CES eligibility; and
b. Appointment to the appropriate CES rank (Seneres v. Sabido, G.R. No. 172902, Oct.
21, 2015).
Security of tenure in the CES is thus acquired with respect to rank and not to
position. The guarantee of security of tenure to members of the CES does not extend to
the particular positions to which they may be appointed - a concept which is applicable
only to first and second-level employees in the civil service - but to the rank to which
they are appointed by the President. Within the CES, personnel can be shifted from one
office or position to another without violation of their right to security of tenure because
their status and salaries are based on their ranks and not on their jobs. (Seneres v.
Sabido, G.R. No. 172902, Oct. 21, 2015).
(b) Except as herein otherwise provided, entrance to the first two levels shall be through
competitive examinations, which shall be open to those inside and outside the service who meet
the minimum qualification requirements. Entrance to a higher level does not require previous
qualification in the lower level. Entrance to the third level shall be prescribed by the Career
Executive Service Board.
(c) Within the same level, no civil service examination shall be required for promotion to a
higher position in one or more related occupational groups. A candidate for promotion should,
however, have previously passed the examination for that level (Art. IV, P.D. 807).
a. Policy-determining – tasked to formulate a method of action for the government or any of its
subdivisions.
b. Primarily confidential – duties are not merely clerical but devolve upon the head of an office,
which, by reason of his numerous duties, delegates his duties to others, the performance of
which requires skill, judgment, trust and confidence
Proximity Rule
The test used to determine confidentiality of a position. The occupant of a
particular position could be considered a confidential employee if the predominant
reason why he was chosen by the appointing authority was the latter’s belief that he can
share a close intimate relationship with the occupant which ensures freedom of
discussion without fear of embarrassment or misgivings of possible betrayals of
personal trust and confidential matters of State (De los Santos v. Mallare, G.R. No. L-
3881, Aug. 31, 1950).
NOTE: The test to determine whether the position is non-competitive is the nature of the
responsibilities, not the description given to it. The Constitution does not exempt the above-
given positions from the operation of the principle that “no officer or employee of the civil
service shall be removed or suspended except for cause provided by law.”
q) Quo Warranto
Refers to an election contest relating to the qualifications of an elective official on the
ground of (1) ineligibility or (2) disloyalty to the Republic of the Philippines. The issue is
whether respondent possesses all the qualifications and none of the disqualifications prescribed
by law (A.M. No. 07-4-15-SC, May 15, 2007).
Quo warranto proceedings against any regional, provincial or city officials are
brought before the COMELEC.
Quo warranto proceedings against municipal officials and barangay officials are
brought before the RTCs and MTCs respectively.
Basis Election Protest Quo Warranto
Who may file By a losing candidate for the same By any voter who is a registered voter
office for which the winner filed his in the constituency where the winning
COC candidate sought to be disqualified
ran for office
Issue/s Who received the majority or plurality Whether the candidate who was
of the votes which were legally cast? proclaimed and elected should be
disqualified because of ineligibility or
Whether there were irregularities in disloyalty to the Philippines.
the conduct of the election which
affected its results.
Impeachable officers
1. President
17. Vice-President
18. Members of the Supreme Court
19. Members of the Constitutional Commissions
20. Ombudsman
Lopez garnered the highest number of votes. He got 3,531,550 votes while Roxas got
3,504,826 votes or a difference of just 26.7k votes.
Roxas contested the election of Lopez before the PET on the ground that the latter did not
obtain the largest number of votes for the said office.
Lopez instituted in the SC the present original action, for prohibition with preliminary
injunction against Roxas, to prevent the PET from hearing and deciding the aforementioned
election contest based on the following grounds:
1) Republic Act No. 1793, creating said Tribunal, is "unconstitutional," and that, "all
proceedings taken by it are a nullity."
2) that the recount of votes by the Presidential Electoral Tribunal, as an incident of an election
contest, is inconsistent with the exclusive power of Congress to canvass the election returns
for the President and the Vice-President;
3) that the tenure of the President and the VicePresident is fixed by the Constitution and cannot
be abridged by an Act of Congress, like Republic Act No. 1793; that said Act has the effect of
amending the Constitution, in that it permits the Presidential Electoral Tribunal to review the
congressional proclamation of the president-elect and the vice-president-elect;
RA No. 1793 provides that, There shall be an independent Presidential Electoral Tribunal
... which shall be the sole judge of all contests relating to the election, returns, and qualifications
of the president-elect and the vice-president-elect of the Philippines.
Ruling:
No. Republic Act No. 1793 has not created a new or separate court. It has merely
conferred upon the Supreme Court the functions of a Presidential Electoral Tribunal. t merely
connotes the imposition of additional duties upon the Members of the Supreme Court. Moreover,
the power to be the "judge ... of ... contests relating to the election, returns, and qualifications" of
any public officer is essentially judicial.
Discussion:
Congress v. PET - Functions
Congress merely acts as a national board of canvassers, charged with the ministerial and
executive duty 27 to make said declaration, on the basis of the election returns duly certified by
provincial and city boards of canvassers.
Upon the other hand, the Presidential Electoral Tribunal has the judicial power to
determine whether or not said duly certified election returns have been irregularly made or
tampered with, or reflect the true result of the elections in the areas covered by each, and, if not,
to recount the ballots cast, and, incidentally thereto, pass upon the validity of each ballot or
determine whether the same shall be counted, and, in the affirmative, in whose favor, which
Congress has power to do.
Constitutional Tenure
It is, likewise, patent that the aforementioned authority of the Presidential Electoral
Tribunal to determine whether or not the protestant has a better right than the President and/or
the VicePresident declared elected by Congress would not abridge the constitutional tenure. If
the evidence introduced in the election protest shows that the person really elected president or
vice-president is the protestant, not the person declared elected by Congress, then the latter had
legally no constitutional tenure whatsoever, and, hence, he can claim no abridgement thereof.
Facts:
Medenilla was a contractual employee of the Department of Public Works and Highways
(DPWH) occupying the position of Public Relations Officer II.
In 1987, Medenilla was detailed as Technical Assistant in the Office of the Assistant
Secretary for Administration and Manpower Management.
Pursuant to Executive Order No. 124 dated January 30, 1987, a reorganization ensued
within the DPWH and all the positions therein were abolished. A revised staffing pattern
together with the guidelines on the selection and placement of personnel was issued.
Included in the revised staffing pattern is the contested position of Supervising Human
Resource Development Officer.
Respondents Dellosa, et. Al, all of whom are employees in the Human Resource Training
and Material Development Division, Administrative and Manpower Management Service of the
DPWH, jointly lodged a protest before the DPWH task force on reorganization contesting the
appointment of the Medenilla to the position.
The protestants alleged that since they are next-in-rank employees, one of them should
have been appointed to the said position.
>Task Force on Reorganization Appeals finds the instant protest of Matilde Angeles, et al.
without merit and hereby recommends to the Honorable Secretary that the appointment of
Ardeliza Medenilla to the contested position of Supervising Human Resource Development
Officer be upheld
>CSC reversed and held that in the event of there occurring a vacancy, the officer next-in-rank
must be appointed relying on Section 4 of RA 6656 which provides that:
Ruling:
No, for as long as she is eligible for the position. It is not disputed that the Medenilla
possesses the appropriate civil service eligibility and requisite educational background.
A careful review of the records of the case, will reveal that the petitioner possesses the
requisite experience for the contested position.
The petitioner, not only was a cum laude graduate from the University of the Philippines,
she has also acquired plenty of experience in the field of Human Resource Development
Under Sec 4 of RA 6656, old employees should be considered first. But it does not
necessarily follow that they should then automatically be appointed.
The Court already ruled on several occasions that when the appointee is qualified, the
Civil Service Commission has no choice but to attest to the appointment. It is not within its
prerogative to revoke an appointee on the ground that substituting its judgment for that of the
appointing power, another person has better qualifications for the job.
The only purpose of attestation is to determine whether the appointee possesses the
requisite civil service eligibility, no more than that is left for the Civil Service Commission to do
Facts:
Dr. Mariquita J. Mantala, a private medical practitioner, was given by the Secretary of
Health a temporary appointment to the then vacant position of Division Chief, Medical Division
III, Monitoring and Evaluation Division of the TB Control Service, Office of Public Health, of
the Department of Health.
That temporary appointment was shortly made subject of a formal protest filed by Dr.
Julia P. Regino with the Committee on Evaluation and Protest of the Department of Health. Dr.
Regino claimed that it was she to whom the appointment should have been extended since the
post of Medical Officer III then held by her was next-in-rank to the office in question, and
moreover she had been in the service for thirty-five years.
Committee on Evaluation and Protest upheld the Health Secretary's appointment of Dr.
Mantala as Division Chief.
Merit Systems Board of the Civil Service Commission ruled adversely to Mantala. This
decision was appealed to the CSC
CSC dismissed the appeal and affirmed the decision of the Merit Systems Board in Dr. Regino's
favor.
MR - CSC reversed its decision and upheld Dr. Mantala's appointment.
Dr. Regino filed a motion for reconsideration stressing her status as "a qualified next-in-
rank" officer which was denied.
No appeal was taken from said Resolution No. 90-1012. It consequently became final and
executory.
In the meantime, or more precisely on March 12, 1990, Dr. Regino instituted an action of
quo warranto and mandamus in the Regional Trial Court at Quezon City against Dr. Mantala,
Secretary Bengzon and other officials of the Department of Health, claiming that having an
established right to the position of Division Chief in question, she should be installed therein
RTC annulled and set aside Dr. Mantala's appointment as Chief of Medical Division III in the
Tuberculosis Control Service, Office for Public Health Services, Department of Health;
Hence, this petition for review on certiorari in which it is prayed that RTC's decision be reversed.
Issue:
Ruling:
The petition has merit and will be granted. The decision of August 30, 1991 is fatally
flawed. It was rendered without jurisdiction, and it runs afoul of established doctrine.
Disciplinary cases, and cases involving "personnel actions" affecting employees in the
civil service -- including "appointment through certification, promotion, transfer, reinstatement,
reemployment, detail, reassignment, demotion and separation," and, of course, employment
status and qualification standards -- are within the exclusive jurisdiction of the Civil Service
Commission.
The Constitution declares the Commission to be “the central personnel agency of the
Government," having power and authority to administer the civil service; to promulgate its own
rules concerning pleadings and practice before it or before any of its offices; and to render
decision in "any case or matter brought before it within sixty days from the date of its submission
for decision or resolution," which decision, or order or ruling "may be brought to the Supreme
Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof."
It was thus error, because beyond its competence, for the respondent Trial Court to take
cognizance of the quo warranto and mandamus action instituted by Dr. Regino which was in
essence a protest against the appointment of Dr. Mantala.
Resolution of November 14, 1990, in Dr. Mantala's favor, became final and executory by
reason of Dr. Regino's failure to take an appeal therefrom -- and evidently to remedy this fatal
procedural lapse -- that the latter thought of filing her quo warranto and mandamus action in the
Regional Trial Court. Such a stratagem cannot be allowed to succeed.