THE CONSTITUTIONAL COMMISSIONS:

Article IX.
SECTION 1. The Constitutional Commissions, which shall be independent, are the: CIVIL
SERVICE COMMISSION, THE COMMISSION ON ELECTIONS, AND THE COMMISSION
ON AUDIT.

Why Independent?
1. Are constitutionally created (sec. 1)
2. Have independent powers of appointment (sec. 4)
3. Each commission may promulgate its own procedural rules (sec. 6)
4. The commission shall enjoy fiscal autonomy (sec. 5)
5. Salaries may not be diminished during their tenure (sec. 3)
6. Commissioners have a fixed term

SECTION 2. DISQUALIFICATIONS
1. Hold any other office or employment;
2. Engage in the practice of any profession;
3. Engage in the active management or control of any business, which, in any way, may be
affected by the functions of their office; and
4. Be financially interested, direct or indirect, in any contract, franchise, privilege granted
by the government, any of its subdivisions, agencies, instrumentalities, including
GOCC’S and their subsidiaries.

Qualifications:

They are all required to be natural-born citizens, at least 35 years of age and must not have been
candidates in the election immediately preceding their appointment.

ROTATIONAL SCHEME OR STAGGERING OF APPOINTMENTS AND TERMS OF

OFFICE:

All the members of the commissions are deemed to start on the same date, their terms of
office expire on different dates. Thus, for the first appointees under the 1987 constitution,
the chairmen had a term of office of seven years, the other members for a term of five
years, and the last ones for a term of three years.

CIVIL SERVICE COMMISSION

COMPOSITION

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  One Chairman
 Two Commissioners
QUALIFICATIONS
 Natural born citizen
 At least 35 years of age upon appointment
 Proven capacity for public administration
 Not a candidate in the elections preceding their appointment
 Appointed by the President with consent of the Commission on Appointment
 7 years term for each commissioner
 No temporary or acting capacity for any member
SCOPE
- All branches, subdivisions, instrumentalities, agencies of the government, GOCCs with original
charters
- Exception: subsidiaries of chartered agencies – those organized under the corporation code.
FUNCTIONS
(EO No. 292)
 Administer and enforce the constitutional and statutory provisions on the merit system for all
levels and ranks in the CS
 Prescribe, amend and enforce rules and regulations for carrying into effect the provisions of the
CS Laws and other pertinent laws.
 Promulgate policies, standards and guidelines for the CS and adopt plans and programs to
promote economical, efficient and effective personnel administration in the government;
 Formulate policies and regulations for the administration, maintenance and implementation of
position classification and compensation and set standards for the establishment, allocation and
reallocation of pay scales, classes and positions;
 Render opinion and rulings on all personnel and other CS matters which shall be binding on all
head of departments, offices and agencies and which may be brought to the Supreme Court on
certiorari;
 Appoint and discipline its officials and employees in accordance with law and exercise control
and supervision over activities of the commission;
 Control, supervise and coordinate CS examinations.
 Perform all functions properly belonging to a central personnel agency such as other functions as
may be provided by law.

CLASSIFICATION
 Career Service
Characterized by entrance based on:
 merit and fitness to be determined, as far as practicable, by competitive examinations

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 highly technical qualifications with opportunity for advancement to higher career positions and
security of tenure
1. Open career positions- where prior qualification in an appropriate examination is required
2. Closed career positions- eg. scientific or highly technical in nature
3. Career Executive Service (CES)- eg. Undersecretaries, Bureau directors
4. Career Officers- other than those belonging to the CES who are appointed by the President. eg.
those in the foreign service officers in the DFA
5. Positions in the AFP, although governed by a different and separate merit system
6. Personnel of GOCCs:
-whether performing proprietary or governmental functions,
-who do not fall under the non-career service
-with Original Charters
7. Permanent Laborers, whether skilled, semi skilled or unskilled
 Non-Career Service
 Entrance based on qualifications other than those usual tests of merit and fitness utilized for the
career service
 Limited period of tenure
- coterminous
- limited to the duration of a particular project for which the employment was made.
 Non-career Service
 Elective officials and their personal or confidential staff
 Department heads and other Cabinet officials and their personal or confidential staff
 Chairmen and members of Commissions and Boards with fixed terms of office and their personal
and confidential staff
 Contractual personnel/ job order personnel
 Emergency and seasonal personnel
APPOINTMENTS
(Section 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 examinations.”
 Permanent
 Issued to one who meets all the requirements to the position
 Temporary
 Issued to one who meets all the requirements except the appropriate cs eligibility

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  Not exceed 12 months
 Replaced sooner if a qualified cs eligible becomes available
PRINCIPAL GROUPS OF POSITION IN THE CIVIL SERVICE, ON THE BASIS OF
APPOINTMENT
1.Competitive positions – According to merit and fitness to be determined by competitive examinations,
as far as practicable;
2.Non-competitive positions – Do not have to take into account merit and fitness. No need for
competitive examinations; and its classes
a.Policy-determining
 They are tasked to formulate a method of action for the government or any of its subdivisions.
 One charged with laying down of principal or fundamental guidelines or rules, such as that of a head of
a department
b.Primarily confidential – Their 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. eg. Secretary to the City Mayor, Senior Security and Security Guard
in the Office of the Vice Mayor
c. Highly Technical Position
A highly technical position requires the appointee thereto to possess technical skill or training in the
supreme or superior degree.
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.”
In Montecillo v. CSC, 2001, the SC said that under Administrative Code of 1987, the CSC is expressly
empowered to declare positions in the CSC as primarily confidential.
Q: Who determines whether a position is policy determining, primarily confidential or highly
technical?
A: It is a judicial question. It is the nature of the position which finally determines whether a position is
primarily confidential, policy-determining or highly technical. The initial classification may be made by
the authority creating the office. Executive pronouncements as to the nature of the office can be no more
than initial determination of the nature of the office.
PROXIMITY RULE
-a position is considered to be primarily confidential when there is primarily close intimacy between the
appointing authority and the appointee, which ensures the highest degree of trust and unfettered
communication and discussion on the most confidential of matters of the state. (De Los Santos vs.
Mallare)
-In fine, a primarily confidential position is characterized by the close proximity of the positions of the
appointer and appointee as well as the high degree of trust and confidence inherent in their relationship.
(CSC vs. Javier)

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*Where the position occupied is remote from that of the appointing authority, the element of trust
between them is no longer predominant, and therefore, cannot be classified as primarily confidential
The following are held to be primarily confidential:
1. Chief legal counsel of PNB
2. City legal officer
3. Provincial attorney (However, positions of the legal staff are not confidential)
4. Security guards of a vice-mayor
SECURITY OF TENURE
Security of tenure means that no officer or employee in the civil service shall be suspended or dismissed
except for cause provided by law, and after due process or after he shall have been given the opportunity
to defend himself.
-Basic in any civil service is a guarantee of security of tenure, a guarantee against arbitrary impairment,
whether total or partial of the right to continue in the position held.
-One must be validly appointed to enjoy security of tenure. Thus, one who is not appointed by the proper
appointing authority does not acquire security of tenure.
-Once an appointment is issued and completed and the appointee assumes the position, he acquires a legal
right, not merely an equitable right to the position. (Lumigued v. Exevea, G.R. No. 117565,
November. 18, 1997)
Administrative Code of 1987- enumerates the diff.grounds for the discipline of civil servants and
provides for a fixed procedure for their administrative investigation. *Non-compliance: will constitute a
denial of their constitutional security of tenure
-Regardless of the characterization of the position held by a government employee covered by civil
service rules, be it career or non-career position, such employee may not be removed without just cause.
(Jocom v. Regalado, G.R. No. 77373, August 22, 1991)
1. Significance of Security of Tenure
The efficiency of the a civil service system depends largely on the morale of the officers and employees
in the service. Morale, in turn, can be fatally undermined when the security of officers in the possession
of their office is unprotected against the arbitrary action of superior officers. Hence, basic in any civil
service is a guarantee of security of tenure, a guarantee against arbitrary impairment, whether total or
partial of the right to continue in the position held.
2. “For Cause Provided by Law”
This is a guarantee of both procedural and substantive due process. “For Cause” means for reasons which
the law and sound public policy recognize as sufficient for removal, that is legal cause, and not merely
causes which the appointing power in the exercise of discretion may deem sufficient. Moreover, the cause
must relate to and effect the administration of the office, and must be restricted to something of a
substantial nature directly affecting the rights and interests of the public. (De los Santos v. Mallare)

-RA.6656- (AN ACT TO PROTECT THE SECURITY OF TENURE OF CIVIL SERVICE OFFICERS
AND EMPLOYEES IN THE IMPLEMENTATION OF GOVERNMENT REORGANIZATION)

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Section 1. It is hereby declared the policy of the State to protect the security of tenure of civil service
officers and employees in the reorganization of the various agencies of the National Government and of
local governments, state colleges and universities expressly authorized by law, including government-
owned or controlled corporations with original charters, without sacrificing the need to promote morale,
efficiency in the civil service pursuant to Article IX, B, Section 3 of the Constitution.

Section 2. No officer or employee in the career service shall be removed except for a valid cause and
after due notice and hearing. A valid cause for removal exists when, pursuant to a bona fide
reorganization, a position has been abolished or rendered redundant or there is a need to merge, divide, or
consolidate positions in order to meet the exigencies of the service, or other lawful causes allowed by the
Civil Service Law. The existence of any or some of the following circumstances may be considered as
evidence of bad faith in the removals made as a result of reorganization, giving rise to a claim for
reinstatement or reappointment by an aggrieved party:

(a) Where there is a significant increase in the number of positions in the new staffing pattern of the
department or agency concerned;
(b) Where an office is abolished and other performing substantially the same functions is created;
(c) Where incumbents are replaced by those less qualified in terms of status of appointment, performance
and merit;
(d) Where there is a reclassification of offices in the department or agency concerned and the reclassified
offices perform substantially the same function as the original offices;
(e) Where the removal violates the order of separation provided in Section 3 hereof.

Section 3. In the separation of personnel pursuant to reorganization, the following order of removal shall
be followed:

(a) Casual employees with less than five (5) years of government service;
(b) Casual employees with five (5) years or more of government service;
(c) Employees holding temporary appointments; and
(d) Employees holding permanent appointments: provided, that those in the same category as enumerated
above, who are least qualified in terms of performance and merit shall be laid first, length of service
notwithstanding.

CLASSES OF POSITIONS IN THE CAREER SERVICE

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 sub-professional 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 Career Executive Service.

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

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 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. (P.D. 807, Art. IV)

PARTISAN POLITICAL ACTIVITY

1. Coverage
No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or
partisan political campaign.
The military establishment is covered by this provision. Article XVI, Section 5(3) provides that no
member of the military shall engage directly or indirectly in any partisan political activity except to vote.
But this prohibition applies only to those in the active military service, not to reservists. (Cailles v.
Bonifacio, 65 Phil 328)
Exceptions:
1. Particularly exempted from the prohibition against partisan political activity are members of the
Cabinet.
2. Public officers and employees holding political offices (who are allowed to take part in political and
electoral activities,except to solicit contributions from their subordinates or commit acts prohibited under
the Election Code) (Section 45 of Civil Service Law)
2. Purpose of the Prohibition Against Partisan Political Activity
 To prevent the members of the civil service from using the resources of the government for the
benefit of their candidates;
 To insulate them from political retaliation from winning candidates they have opposed or not
supported.
3. Meaning of Partisan Political Activity
As interpreted by the Civil Service Commission, it means active support for or affiliation with the cause
of a political party or candidate. This would include, among others, being a candidate for any elective
office or delegate to any political convention, being an officer or member of any political committee,
party or organization, delivering speeches, canvassing or soliciting votes or political support or
contributions for any political party or candidate or, in general,becoming actively identified with the
success or failure of any candidate or candidates for election to public office.

4 Admin Code of 1987

“No officer or employee in the Civil Service,including members of the AFP, shall engage directly or
indirectly in any partisan political activity or take part in any election except to vote nor shall he use his
official authority or influence to coerce the political activity of any other person or body. Nothing herein
provided shall be understood to prevent any officer or employee from expressing his views on current
political problems or issues, or from mentioning the names of candidates for public office whom he
supports: Provided, That public officers and employees holding political offices may take part in political
and electoral activities but it shall be unlawful for them to solicit contributions from their subordinates or

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subject them to any of the acts involving subordinates prohibition in the Election Code.” (Book V(A),
Sec. 56)
SELF-ORGANIZATION
The right to self-organization shall not be denied to government employees. [Sec. 2(5), Art. IX-B,
Constitution]. Government employees in the civil service are granted the right to form unions enjoyed by
workers in the private sector
However, the constitutional grant to government workers of the right to form labor organizations or
unions does not guarantee them the right to bargain collectively with the government or to engage in
concerted activities including the right to strike, which are enjoyed by private employees. They are
prohibited from staging strikes, demonstrations, mass leaves, walk-outs and other forms of mass actions
which will result in temporary stoppage or disruption of public services
Thus, the Congress may provide, for example, that temporary employees who acquire civil
service eligibility for the positions occupied by them shall be automatically considered permanent
appointees thereto, or that temporary employees may not be replaced during a fixed period except for
cause, or shall be entitled to the same material benefits, such as leave privileges, during incumbency.
Q: May members of the Civil Service unionize?
A: Yes.
1. Article III, Section 8 guarantees the right of all “including those employed in the public and private
sectors, to form unions…”
2. Article IX-B, Section 2(5) states that “the right to self-organization shall not be denied to government
employees.”
3. Article XIII, Section 3 guarantees “the right of all workers to self-organization, collective bargaining
and negotiations, and peaceful concerted activities, including the right to strike in accordance with law.”
Their right to strike, however, may be limited by law.
Right to Form Union and Strike
-It is the right of workers and employees to form, join or assist unions,o organizations or associations for
purposes of collective bargaining and negotiation and for mutual aid and protection. It also refers to the
right to engage in peaceful concerted activities or to participate in policy and decision-making processes
affecting their rights and benefits.
TEMPORARY EMPLOYEES
-generally do not have any fixed term and may be replaced at pleasure, the theory being
that they are named to their positions only because of the absences of eligible and the
necessity to fill the office in the meantime in the interest of the public service
Temporary Employees may be laid-off anytime before the expiration of the employment period provided
any of the following occurs:
a.) when their services are no longer needed
b.) funds are no longer available
c.) the project has already been completed/finished; or

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d.) their performance are below par
The new Constitution provides that temporary employees of the Government shall be given such
protection as may be provided by law.
Right to protection of temporary employees
Employees in the government given temporary appointments do not enjoy security of tenure. They shall
be given such protection as may be established by law to prevent indiscriminate dismissals and to see to it
that their separation or replacement is made only for justifiable reason.
OBJECTIVES OF THE CIVIL SERVICE
 (Section 3) As the Central Personnel Agency of the Government
 It shall establish a career service and adopt measures to promote morale, efficiency, integrity,
responsiveness, progressiveness, and courtesy in the civil service.
 It shall strengthen the merit and rewards system, integrate all human resources development
programs for all levels and ranks.
 Institutionalize a management climate conducive to public accountability.
 Submit to the President and the Congress an annual report on its personnel programs.
OATH

Section 4 – All public officers and employees shall take an oath or affirmation to uphold and defend
this constitution
- members of the AFP included
Disqualifications
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.”
- Not applicable to officials covered by Article VII, Section 13 of the 1987 Constitution.
(Secretary, Usec, Asec)
- Allows concurrent holding of positions only when the second post is required by the primary
functions of the first appointment is exercised in an ex-officio capacity
- Public Interest Center, Inc. v. Elma
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 or any Government-owned or controlled corporations or
in any of their subsidiaries.”
 Section 94 (b) of the Local Government Code exempts from this prohibition the losing candidates
in Barangay elections.

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 STANDARDIZATION OF COMPENSATION
(Section 5)
 “The 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 the responsibility pertaining to, and the qualifications
required for, their positions.”
Enacted to address a cause of discontent and demoralization among civil service employees.
DOUBLE COMPENSATION
Section 8
 “No elective or appointive public officer or employee shall receive additional, double, or indirect
compensation, unless specifically authorized by law, nor accept without consent of the Congress,
any present, emolument, office or title of any kind from any foreign government.”
 “Pensions or gratuities shall not be considered as additional, double or indirect compensation.”
 Double Compensation – two sets of compensations for two different offices held concurrently
by one officer.
 Additional Compensation – exists when for one and the same office for which a compensation
has been fixed there is added to such fixed compensation an extra reward in the form, for
instance, of a bonus.
 Exception:
 - Extra compensation for services rendered in another position which is an extension or
connected with his basic work (compatible work)

THE COMMISSION ON ELECTIONS

Section 1. COMPOSITION/QUALIFICATIONS/TERM
Composition: (7)
1) Chairman and
2) Commissioners (6)

Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of appointment
3) Holders of college degrees; and
4) Not candidates for any elective position in the immediately preceding elections.
5) Majority of the Commission, including the Chairman must be:
a). Members of the Philippines Bar
b). Engaged in the practice of law for at least 10 years: “any activity in or out of court, which requires the
application of law, legal procedure, knowledge, training and experience.”
6) Appointments subject to CA approval

Term:
1) Chairman -7 yrs; 3 Members - 7 yrs; 2 Members - 5 yrs; 1 Member - 3 yrs.
2) LIMITATION: Single term only: no reappointment allowed
3) Appointment to a vacancy: only for unexpired portion of predecessor’s term
4) No temporary appointments, or appointments in acting capacity

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Section 2. POWERS AND FUNCTIONS
Powers:
1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative,
referendum, and recall.

2) Exercise:

A. Exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of
elective

1. Regional,
2. Provincial, and
3. City officials

B. Appellate jurisdiction over all contests involving:

1. Elective municipal officials decided by trial courts of general jurisdiction
2. Elective barangay officials decided by trial courts of limited jurisdiction.
C. Decisions, final orders, or rulings of the Commission on election contests involving elective municipal
and barangay offices shall be final, executory, and not appealable.
Exception: Appealable to the SC on questions of law.
D. Contempt powers

1. COMELEC can exercise this power only in relation to its adjudicatory or quasi-judicial
functions. It CANNOT exercise this in connection with its purely executive or ministerial
functions.
2. If it is a pre-proclamation controversy, the COMELEC exercises quasi-judicial/administrative
powers.
3. Its jurisdiction over ‘contests’ (after proclamation), is in exercise of its judicial functions.

E. The COMELEC may issue writs of certiorari, prohibition and mandamus in exercise of its appellate
jurisdiction. This is not an inherent power.

3) Decide, except those involving the right to vote, all questions affecting elections, including determination of the
number and location of polling places, appointment of election officials and inspectors, and registration of voters.
4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the
Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly,
honest, peaceful, and credible elections.
a). This power is NOT limited to the election period.
b). Applies to both criminal and administrative cases.

5) Registration of political parties, organizations, or coalitions/accreditation of citizens’ arms of the Commission on

Elections.

a). The political parties etc. must present their platform or program of government.
b). There should be sufficient publication
c). Groups, which cannot be registered:
i. Religious denominations/sects
ii. Groups which seek to achieve their goals through violence or unlawful means
iii. Groups which refuse to uphold and adhere to the Constitution
iv. Groups, which are supported by any foreign government.

d). BUT: Political parties with religious affiliation or which derive their principles from religious beliefs
are registerable.

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 e). Financial contributions from foreign governments and their agencies to political parties, organizations,
coalitions, or candidates related to elections constitute interference in national affairs. If accepted, it is
an additional ground for the cancellation of their registration with the Commission, in addition to other
penalties that may be prescribed by law.

1) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion of exclusion of voters;
investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions
constituting elections frauds, offenses and malpractices.

A. COMELEC has exclusive jurisdiction to investigate and prosecute cases for violations of election laws.
B. COMELEC can deputize prosecutors for this purpose. The actions of the prosecutors are the actions of
the COMELEC
C. Preliminary investigation conducted by COMELEC is valid.

2) Recommend to the Congress effective measures to minimize election spending, including limitation of places
where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses,
malpractices, and nuisance candidacies.

3) Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any
other disciplinary action, for violation or disregard or, or disobedience to its directive, order, or decision.

4) Submit to the President and the congress a comprehensive report on the conduct of each election, plebiscite,
initiative, referendum, or recall.

Section 3. RULES OF PROCEDURE/DECISION-MAKING

Rules of Procedure

1) COMELEC can sit en banc or in two divisions

2) It has the power to promulgate its own rules of procedure in order to expedite disposition of election cases,
including pre-election controversies.

Decision-Making

1) Election cases should be heard and decided in division.

2) Motions for reconsideration of decisions should be decided by COMELEC en banc.
3)”Decisions” mean resolutions on substantive issues.
1) If a division dismisses a case for failure of counsel to appear, the division may hear the Motion for
Reconsideration here.
2) EXCEPTION: COMELEC en banc may directly assume jurisdiction over a petition to correct manifest errors in
the tallying of results by Board of Canvassers.

Section 4. SUPERVISION/REGULATION OF FANCHISES / PERMITS / GRANTS / SPECIAL

PRIVILEGES / CONCESSIONS

Regulation of franchises

A. What can COMELEC supervise or regulate

1). The enjoyment or utilization of all franchises or permits for the operation of transportation and other
public utilities, media of communication or information.
2). Grants, special privileges or concessions granted by the Government or any subdivision, agency or
instrumentality thereof, including any GOCC or its subsidiary

B. When can COMELEC exercise this power?

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1). during the election period

a). Under Article XI, Section 9, the election period commences 90 days before the day of the election and ends 30
days thereafter.
b). In special cases, COMELEC can fix a period.

2). Applies not just to elections but also to plebiscites and referenda.
3). Plebiscite: Submission of constitutional amendments or important legislative measures to the people ratification
4). Referendum: power of the electorate to approve or reject legislation through an election called for that purpose.

COMELEC and the MEDIA

1). COMELEC cannot compel print media to donate free space to the COMELEC. It may, however, compel it
to provide space after paying just compensation.
2). Power of COMELEC is over franchises and permits, NOT individuals. For example, COMELEC may not
regulate media practitioners, for this would violate the freedom of expression.

Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and
regulations shall be granted by the President without the favorable recommendation of the Commission.

Section 6
Definition of Political Party

 organized group of persons pursuing the same political ideals in a government and includes its
branches, and divisions

Importance of registration of a political party

1) Registration confers juridical personality on the party.

2) It informs the public of the party's existence and ideals.
3) It identifies the party and its officers for purposes of regulation by the COMELEC
Section 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except for those
registered under the party-list system as provided in this Constitution.

Prohibition on block-voting

1) General rule: Block voting NOT allowed

2) EXCEPTION: those registered under the party-list system

Section 8. PARTY LIST SYSTEM

No Right to be Represented in Various Boards

 Political parties, organizations, or coalitions registered under the party-list system shall NOT be
represented in the following:

1). Voters’ registrations boards,

2). Boards of election inspectors,
3). Boards of canvassers, or
4). Other similar bodies.

Poll Watchers

 Political parties, etc. are entitled to appoint poll watchers in accordance with law.

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 Section 10. Bona fide candidates for any public office shall be free from any form of harassment and
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE WHO ARE PUBLIC OFFICIALS?
PHILIPPINES ARTICLE XI ACCOUNTABILITY OF PUBLIC OFFICERS

Section 1. Public office is a public trust. Public RA 7613

officers and employees must, at all times, be Elective and appointive officials and employees
accountable to the people, serve them with utmost Permanent or temporary
responsibility, integrity, loyalty, and efficiency; act Military and police personnel
with patriotism and justice, and lead modest lives.

discrimination.

 This section does not give candidates immunity from suit.

 Discrimination includes unequal treatment in the availment of media facilities.

Section 11. FUNDING

How provided

1) Funds certified by the COMELEC as necessary to defray the expenses for holding regular and special
elections, plebiscites, initiative, referenda and recalls, shall provided in the regular or special appropriations.
2) Funds should be certified by the COMELEC as necessary.

Release of funds

 Once approved, funds should be released automatically upon certification by the Chairman of
COMELEC.

ACCOUNTABILITY OF PUBLIC OFFICERS

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 JUDGEMENT

Judgment in cases of impeachment shall not

extend further than removal from office and
disqualification to hold any office under the
Republic of the Philippines, but the party IMPEACHMENT GROUNDS:
convicted shall nevertheless be liable and
subject to prosecution, trial, and punishment,  Culpable violation of the Constitution
according to law.  Treason
 Bribery
 Graft and corruption
 Other high crimes, or betrayal of public trust.

Section 2.
IMPEACHABLE OFFICIALS STEP 4. Verified complaint becomes the Articles of
Impeachment, and trial by the Senate shall
 The President forthwith proceed.
 Vice-President
 Members of the Supreme Court STEP 5. In cases where the President is being
 Members of the Constitutional Commissions impeached, the chief justice (SC) shall preside but
 Ombudsman cannot vote.
STEP 6. Conviction: 2/3 of all senate members

GUTIERREZ V HOUSE OF REPRESENTATIVES

G.R NO.IMPEACHMENT
193459 (Feb 15,PROCESS
2011)
FACTS: 3.On
Section (1)July
The22, 2010,
House of Baraquel, et. Al. filed an
Representatives
impeachment
shall complaint
have the exclusive against
power Ombudsman
to initiate all Ma.
Merceditas
cases N. Gutierrez based on betrayal of
of impeachment.
public1. Atrust
STEP andcomplaint
verified culpable forviolation
impeachment of the
may be filed
constitution. by any Member of the House of
Representatives
nd
or by any citizen upon a
A 2 complaint was filed bybyReyes
resolution or endorsement any against
Memberthe
same respondent
thereof, which shall be also basedin the
included on Order
the sameof
grounds. LIMITATIONS ON IMPEACHMENT
Business within ten session days.
STEP 2. Complaint is referred to the proper
The two complaints were referred by the House The House of Representatives shall have the
Committee or appropriate committee.
Plenary to the Committee on Justice at the same exclusive power to initiate all cases of
STEP 3. A vote of at least one-third of all the
time andoffound that shall
the two complaints were impeachment. Not more than one
Members the House be necessary either
sufficient impeachment proceeding shall be initiated
to affirm ainfavorable
form andresolution
substance.with the Articles
against the same official within a period of one
of Impeachment
Petitioner ofcertiorari.
filed for the Committee, or override
year.
its contrary resolution.
ISSUES/S: Whether or Not an impeachment
complaint need to allege only one impeachable
offense.
THE CONSTITUTIONAL COMMISSIONS
HELD: An impeachment complaint need not
alleged only one impeachable offense.
SECTION 5. There is hereby created the independent Office of the Ombudsman, composed of
the Ombudsman to be known as Tanodbayan, one overall Deputy, at least one Deputy each for
Luzon, Visayas and Mindanao. A separate Deputy for the military establishment may likewise be
appointed.

Qualifications of the Ombudsman and his Deputies

•Natural born citizen;
•At least 40 years old;
•Of recognized probity and independence;
•Member of the Philippine Bar; and
•Must not have been candidates for any elective office in the immediately preceding election.
SECTION 9. The Ombudsman and his Deputies shall be appointed by the President from a list
at least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees
for every vacancy thereafter. Such appointments shall require no confirmation. All vacancies
shall be filled within three months after they occur.
SECTION 11. The ombudsman and his Deputies shall serve for a term of seven years without
reappointment.

The office of the Ombudsman shall have the following power, function and
duties:
(1) Investigate on its own
(2) Direct, upon complaint or at its own
(3) Direct the officer concerned to take appropriate action
SECTION 14
The office of the Ombudsman shall enjoy fiscal autonomy.

THE CONSTITUTIONAL COMMISSIONS

Disqualifications and Inhibitions During their tenure:

1. Shall not hold any other office or employment;

2. Shall not 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 function of his office.
3. Shall not be financially interested, directly or indirectly, in any contract with, or in any
franchise or privilege granted by the government, or any of its subdivisions, etc.; and
4. Shall not be qualified to run for any office in the election immediately succeeding their
cessation from office.
5. Request any government assistance and information
6. Publicize matters covered by its investigation
7. Determine the causes of inefficiency
8. Promulgate its rule of procedure

Note: The ombudsman shall give priority to complaints filed against high ranking government
officials and/or those occupying supervisory positions, complaints involving grave offenses as
well as complaints involving large sums of money and/or properties.

COMMISSION ON AUDIT
SECTION 1
Composition:

 One (1) Chairman

 Two (2) Commissioners

QUALIFICATIONS FOR CHAIRMAN AND COMMISSIONERS

1. natural-born citizens of the Philippines 
2. at the time of their appointment, at least thirty-five years of age
3. Certified Public Accountants with not less than ten years of auditing experience, or members of
the Philippine Bar who have been engaged in the practice of law for at least ten years
4. must not have been candidates for any elective position in the elections immediately preceding
their appointment
5. At no time shall all Members of the Commission belong to the same profession

QUALIFICATIONS OF MEMBERS.
(1) They must be natural-born citizen of the Philippines
(2) They must be at least thirty five(35) years of age at the time of their appointment;

THE CONSTITUTIONAL COMMISSIONS

 (3) They must be certified public accountants with not less than ten (10) years of auditing experience
or members of the Philippine Bar who have been engaged in the practice of law for at least ten
(10) years; and
(4) They must not have been candidates for any elective position in the elections preceding their
appointment.
The requirement that the members should either be a CPA or a lawyer is in order to enable them to
carry out their and duties efficiently and intelligently without relying merely upon their subordinate
employees. The very nature of their functions calls for competence both in the field of law and
accountancy. At no time, therefore, shall all members of the Commission belong to the same
profession.

TERM OF OFFICE
 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
 Commissioners first appointed for a term of less than seven years are likewise ineligible for
reappointment
 Constitution provides for the rotation of the appointments regular and fixed intervals of two(2)
years
o Of those first appointed
 Chairman shall hold office for seven years
 One commissioner for five years
 And the other Commissioner for three years without reappointment
 Member-Appointed to any vacancy shall be only for the unexpired portion of the term of the
predecessor.
 In no case shall any Member be appointed or designated in a temporary or acting capacity is
similarly prohibited

PURPOSE OF THE COMMISSION

 The Commission on Audit has been established as an independent body to see to it that the
government revenues and expenditures are duly accounted for and the public funds are not
disposed of except in conformity with the purpose for which such funds have been appropriated
 The overriding objective is to make the accountability of public officers entrusted with receipt,
custody or disposal of public funds are reality. The importance therefore of the Commission on
Audit cannot be overestimated

POWERS AND FUNCTIONS

The Commission on Audit shall have the power, authority, and duty to examine, audit, and settle all
accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned
or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations with original charters, and on a
post- audit basis:

 constitutional bodies, commissions and offices that have been granted fiscal autonomy under this
Constitution;

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  autonomous state colleges and universities;
 other government-owned or controlled corporations and their subsidiaries; and
 such non-governmental entities receiving subsidy or equity, directly or indirectly, from or
through the Government, which are required by law or the granting institution to submit to such
audit as a condition of subsidy or equity.
 However, where the internal control system of the audited agencies is inadequate, the
Commission may adopt such measures, including temporary or special pre-audit, as are necessary
and appropriate to correct the deficiencies. It shall keep the general accounts of the Government
and, for such period as may be provided by law, preserve the vouchers and other supporting
papers pertaining thereto.

SECTION 2
 The commission shall have exclusive authority, subject to the limitations in this Article, to
define the scope of its audit and examination, establish the techniques and methods
required therefore and promulgate accounting and auditing rules and regulations including
those for the prevention and disallowance of irregular,unnecessary,excessive,extravagant,
or unconscionable expenditures or uses of government funds and properties

SECTION 3
 No law shall be passed exempting any entity of the Government or its subsidiary in any
guise whatever or any investment of public funds from the jurisdiction of the Commission
on Audit

SECTION 4
 The Commission on Audit shall submit to the President and the Congress within the time
fixed by law an annual report covering the financial condition and operation of the
Government, its subdivisions, agencies an instrumentalities, including government-owned
or controlled corporation and non-government entities subject to its audit and recommend
measures necessary to improve their effectiveness and efficiency. It shall submit other
reports as maybe required by law

THE CONSTITUTIONAL COMMISSIONS

 AMENDMENTS AND REVISIONS TO THE
CONSTITUTION

SECTION XVII

AMENDMENTS OR REVISIONS

SECTION. 1:

Amendments to, or revisions of, this constitution may be proposed by:

1) The Congress, upon a vote of two-thirds of all its Members; or

2) A constitutional convention.

SECTION 2:

Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a
petition of at least 12% of the total number of registered voters, of which every legislative district shall be
represented by at least 3% of the registered voters therein. No amendment under this section shall be authorized
within 5 years following the ratification of this Constitution nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this right.

SECTION. 3:

The Congress may, by a vote of 2/3 of all its Members, call a constitutional convention, or by a majority vote of all
its members, submit to the electorate the question of calling such a convention.

SECTION. 4:

CLASSES OF THE CONSTITUTION

WRITTEN OR UNWRITTEN

Written. A written constitution is one whose precepts are embodied in the document or set of
documents.

THE CONSTITUTIONAL COMMISSIONS

 Essential Parts of a Written Constitution

1) Constitution of Liberty
Constitution of liberty sets forth the fundamental civil and political rights of the citizens and
imposing limitations on the powers of government as a means of securing the enjoyment of
those rights.
2) Constitution of Government
Constitution of government outlines the organization of the government, enumerating its
powers, laying down certain rules relative to its administration and defining the electorate.
3) Constitution of Sovereignty
Constitution of sovereignty points out the mode or procedures in accordance with which
formal change in the fundamental law may be brought about.

Unwritten. An unwritten constitution is one which consists of rules which have not been integrated into
a single, concrete form, but are scattered in various sources, such as statutes of a fundamental
character, judicial decisions, commentaries of publicists, customs and traditions, and certain common
law principles.

ENACTED (CONVENTIONAL) OR EVOLVED (CUMULATIVE)

Enacted (Conventional). A conventional constitution is an enacted constitution, formally struck off at a

definite time and place following a conscious effort taken by a constituent body.

Evolved (Cumulative). A cumulative constitution, by contrast is the result of a political evolution, not
inaugurated at any specific time but changing by accretion rather than by any systematic method.

FLEXIBLE OR RIGID

Flexible. A flexible constitution is one that can be changed by ordinary legislation.

Rigid. A rigid constitution is one that can be amended by a formal and usually difficult process.

PERMANENCE OF THE CONSTITUTION

The permanence of the 1987 Constitution is highlighted on it being a rigid type of constitution.

THE CONSTITUTIONAL COMMISSIONS

The permanence of the constitution refers to its capacity to resist capricious or whimsical change
dictating not by legitimate needs but only by passing fancies, temporary passions or occasional
infatuations of the people with ideas or personalities. Being permanent, the constitution is not likely to
be easily tampered with to suit political expediency, personal ambitions or ill-advised agitation for
change.

Disadvantage of Permanent Constitution

The disadvantage of a permanent constitution is its inability to adjust to the need for change justified by
new conditions and circumstances. Since a permanent constitution involves a usually difficult process of
amendment or revision, people may have to resort to violation of the provisions and, if they cannot
make a new constitution, they will have to make a revolution.

The constitution, however, must change with the changing times lest it impedes the progress of the
people with antiquated rules grown ineffective in a modern age.

AMENDMENT AND REVISION OF THE CONSTITUTION

DEFINITIONS OF AMENDMENT AND REVISION

Amendment of the Constitution

Amendment of the Constitution is an isolated or piecemeal change only. It involves alteration of one or a
few specific and separable provisions.

The guiding original intention of amendment are as follows:

1) To improve specific pars or to add new provisions deemed necessary to meet new conditions;
and
2) To suppress specific portions that may have become obsolete or that are judged to be
dangerous.

An example of an amendment made to the Philippine Constitution is in the case of the 1935
Constitution, where the term of office of the President of the Philippines was changed from six (6) to (4)
years. The change is considered an amendment being unsubstantial, and not a revision.

THE CONSTITUTIONAL COMMISSIONS

Other examples of changes considered as amendment are as follows:

1) A change in the voting age from 18 to 15 years of age.

2) Reducing the Filipino ownership requirement of mass media companies from 100% to 60%.
3) A change that requires college degree as an additional qualification for election to the President.

Revision of the Constitution

Revision of the Constitution is a revamp or rewriting of the whole instrument.

The guiding original intention of revision is that, to determine how and to what extent it should be
altered, it must contemplate a re-examination of the document which have overall implication for the
entire document.

An example of a revision of the Philippine Constitution are in the case of the 1973 and 1987
Constitution, which were produced by the Constitutional Convention of 1971, where there were a
complete rewriting of the entire constitution.

Other examples of changes considered as revision are as follows:

1) When the change alters the basic plan of the government.

2) A change in the structure of the government, e.g., a shift from a Bicameral-Presidential to a
Unicameral-Parliamentary system of government).
3) Abolition of the Office of the President and the abolition of one chamber of the Congress.

DISTINCTION BETWEEN AMENDMENT AND REVISION

The table below summarizes the key distinctions between amendments and revisions to the
Constitution:

AMENDMENT
1 Adds, reduces, or deletes without altering
the basic principle involved.
2 Only specific provisions are being
changed, i.e., the changes are not
substantial.
3 Generally affects only the specific
provision being amended.
REVISION
A change that alters the basic principle in the
Constitution, like altering the principle of
separation of powers or the system of checks and
balances.
The change alters the substantial entirety and
the change affects several substantial provisions
of the constitution.
Generally affects several provisions of the
Constitution.

DETERMINING WHETHER THE CHANGE IS SUBSTANTIAL OR NOT

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In order for any changes in the Constitution to be considered as a revision (in contrast to mere
amendment), the changes must pass both the quantitative and qualitative test developed by California
courts.

Two-Part Test

1) Quantitative Test
The quantitative test asks whether the proposed changes is so extensive in its provisions as to
change directly the substantial entirety of the constitution by the deletion or alteration of
numerous existing provisions. Here, the court examines only the number of provisions affected
and does not consider the degree of the change.

2. Qualitative Test
The qualitative test inquires into the qualitative effects of the proposed change in the
constitution. The main inquiry is whether the change will accomplish such far reaching changes
in the nature of our basic governmental plan as to amount to a revision.

However, there can be no fixed rule on whether a change is an amendment or a revision. A change in a
single word of one sentence of the Constitution may be a revision and not an amendment, e.g.
substituting the word “republican” with “monarchic” or “theocratic” in Art. III, Sec. 1 of the Constitution.

Hence, each specific change will have to be examined on a case-to-case basis, depending on how it
affects:

1) Other provisions of the Constitution;

2) The structure of the government;
3) The system of checks and balances; and
4) The underlying ideological basis of the existing constitution.

PROCEDURES IN AMENDING OR REVISING THE

CONSTITUTION

Amendment to or revisions of the Constitution are accomplished by proposal and subsequent

ratification.

STEP 1 STEP 2

RATIFICATI
PROPOSAL
ON
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Sections 1, 2, and 3 of Art. XVII deal with the modes in which amendments or revisions may be
proposed.
Section 4 of Art. XVII of the Constitution deals with how such proposals are ratified.

STEP 1: PROPOSAL OF AMENDMENT OR REVISION

Amendments to the constitution may be may be proposed by:

1) The Congress (Art. XVII, Sec. 1);

2) A Constitutional Convention (Art. XVII, Sec. 1 and 3);
3) Directly by the People through Initiative (Art. XVII, Sec. 2).

A summary of the three modes of how amendments may be proposed is shown below:

Proposal by People’s Constitutional

Criteria
Congress Initiative Convention
1 Vote/Signature Required ¾ Vote 12% Signatures* 2
/3 Vote**
All Members of the Total Number of All Members of
Basis
Congress Registered Voters the Congress
2 Implementing
Legislation
Not available until
Additional Requirement None None
after 1991
Allowed once
veery 5 years only
* Of which every legislative district shall be represented by at least 3% of the registered voters therein.

** Or by a majority vote of all its members, when submitting to the electorate the question of calling such convention.

THE CONSTITUTIONAL COMMISSIONS

People’s Initiative

For amendments to the Constitution proposed directly by the people through initiative, the following
requisites must concur:

1) There must be an implementing legislation enacted by Congress;

2) There must be a proposal authored and signed by the people; and
3) The proposal must be embodied in the petition.

With respect to the constitutional requirement of an implementing legislation (see item 1 above), the
Supreme Court held in the case of Lambino vs. COMELEC, G.R. No. 174153 that Republic Act No. 6375
An Act Providing for a System of Initiative and Referendum is inadequate for the purpose of
implementing the initiative clause of the Constitution.

With respect to the proposal and petition requirement (see item no. 2 and 3 above), the Supreme Court
has held that the full text of the proposed amendments may be either:

1) Written on the face of the petition; or

2) Attached to it, with a statement on the petition describing the fact of such attachment.

Hence, the illustrations below depict the two instances mentioned above:

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__ THE CONSTITUTIONAL COMMISSIONS
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PETITION containing the required signatures.
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PROPOSAL embodied in the petition containing
____________
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the full text of the proposed amendments.
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If the Petition and Proposal are merged into one document:

If the Petition and Proposal are two separate documents:

__________
__________ PROPOSAL containing the full text of the proposed
__________
__________
__________
__________
amendments.
__________
__________
__________
__________
__________
__________
__________
__________
PETITION containing the required signatures and a
__________
__________
__________
statement that the full text of the proposed
__________
___________ amendment is attached to it.
_______

THE CONSTITUTIONAL COMMISSIONS

STEP 2: RATIFICATION

The manner through which proposal of amendment or revision to the constitution may be ratified
depends upon how the amendments or revisions were proposed. The table below summarizes the rules
on ratification:

Proposal by Constitutional People’s

Criteria
Congress Convention Initiative
1 Vote Required MAJORITY VOTE
Not Earlier Than 60 Days
2 Plebiscite
Not Later than 90 Days
Certification by
COMELEC of the
3 Reckoning Point Approval of the Proposal
Sufficiency of the
Petition

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Rationale of the Plebiscite Requirement

Plebiscite is held not earlier than 60 days to ensure the needed careful study of the proposed
amendments or revisions. On the other hand, ratification within a reasonable time after they are made,
i.e., not later than 90 days, is intended to answer present needs or current problems sought to be
addressed by such amendment or revision.

JUDICIAL REVIEW OF AMENDMENTS OR REVISION TO

THE CONSITUTION

Jurisdiction of the Supreme Court

In the case of Mabanag vs. Lopez Vito, the Supreme Court announced that the question of the validity of
the adoption of amendments to the constitution is regarded as subject to judicial review. Hence, the
Supreme Court has jurisdiction but limited only to ascertaining whether the constitutional procedures
required for valid proposal and ratification was followed.

In the case of Sanidad v COMELEC, wherein Art. X, Sec. 2(2) of the new constitution provides: “All cases
involving the constitutionality of a treaty, executive, agreement or law shall be heard and decided by the
SC En Banc, and no treaty, executive agreement, or law may be declared unconstitutional without the
occurrence of at least ten Members.

Therefore, the SC has the last word in the construction not only of treaties and statutes but also the
Constitution itself. The amending, like all other powers organized in the Constitution, is in form a
delegated and a limited power, so that SC is vested with the authority to determine whether that power
has been discharged within its limits.

Hence, the judiciary may declare as invalid a proposal adopted by:

1) Less than ¾ of the members of the Congress;

2) A call for a Constitutional Convention by less than 2/3 of the legislature;
3) A ratification made by less than a majority of the votes cast in a plebiscite; or
4) A plebiscite irregularly held.

Examples of Judicial Review Cases.

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In the case of Santiago vs. COMELEC. The Supreme Court prohibited an attempt to amend the
Constitution by initiative, holding that there was no law providing for the mechanics of such a proposal.

In the case of Pirma vs. COMELEC, the Supreme Court dismissed a petition to compel a proposal to
amend the Constitution on the alleged initiative of six million voters.

*** END OF HANDOUT ***

THE CONSTITUTIONAL COMMISSIONS