Article Ix Lecture Notes 1

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Article IX - Lecture notes 1
College of Law (Arellano University)
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I. CONSTITUTIONAL COMMISSION
Independent Constitutional Commission

1. Civil Service Commission
2. COMELEC
3. Commission on Audit

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Safeguards Insuring the Independence of the

Commission
1. Constitutionally created, and not be abolished by statute
2. Expressly described as “independent”
3. Conferred certain powers and functions which cannot be reduced
by statute
4. Enjoy fiscal autonomy
Automatic release of approved annual appropriations to a

constitutional commission vested with fiscal autonomy should be
construed to mean that no condition to fund releases to it may be
imposed.

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Safeguards Insuring the Independence of the

Commission
5. Promulgate its own procedural rules, provided they do not diminish, increase or modify
substantive rights
6. Appoint their own officials and employees in accordance with Civil Service Law
7. Chairman and members removed only by impeachment
8. Chairman and members are given a term of 7 years
9. Chairman and members may not be reappointed or appointed in an acting capacity
10. Salaries of Chairman and members are relatively high and may not be decreased during
continuance in office
11. Chairman and members are subject to certain disqualification calculated to strengthen their
integrity

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CSC vs. DBM, 482 SCRA 233
By petitioner's claim, the amount of P215,270,000.00 was appropriated

for its Central Office by the General Appropriations Act (GAA) of 2002,
while the total allocations for the same Office, if all sources of funds are
considered, amount to P285,660,790.44.1 It complains, however, that
the total fund releases by respondent to its Central Office during the
fiscal year 2002 was only P279,853,398.14, thereby leaving an
unreleased balance of P5,807,392.30.
To petitioner, this balance was intentionally withheld by respondent on

the basis of its "no report, no release" policy whereby allocations for
agencies are withheld pending their submission of the documents

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CSC vs. DBM, 482 SCRA 233
DBM‘s act of withholding the subject funds from CSC due to revenue
shortfall is hereby declared unconstitutional.
The no report, no release policy may not be validly enforced against
offices vested with fiscal autonomy is not disputed. Indeed, such policy
cannot be enforced against offices possessing fiscal autonomy without
violating Article IX (A), Section 5 of the Constitution, which provides
that the Commission shall enjoy fiscal autonomy and that their
approved appropriations shall be automatically and regularly
released.

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Section 2. Prohibition on Members
1. Not hold any other office or employment, during tenure

2. Not engage in the practice of any profession
3. Not engage in the active management or control of any business
which in any way may be affected by the functions of his office
4. Not be financially interested, directly or indirectly, in any contract or
in any franchise or privilege granted by the government

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Section 7. Decisions of the

Commissions
1. Each Commission shall decide by a majority vote of all its members
any case or matter brought before it within 60 days from the date of its
submission for decision or resolution.
Majority vote of ALL members and not only of those who participated
in the deliberations and voted thereon.
2. Aggrieved party may bring the decision to the SC on certiorari w/in

30 days from receipt of copy

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CIVIL SERVICE COMMISSION

Section 1. Composition; Qualifications; Term
Composition
- Chairman
- 2 Commissioners
Qualifications
1. Natural-born
2. At the time of the appointment at least 35 years old
3. Proven capacity for public administration
4. Not have been candidates for any elective position in the election immediately preceding their
appointment
Term
- Appointed by the President with the consent of the Commission on Appointments
- Term of 7 years, without reappointment
- In no case shall any member be appointed or designated in temporary or acting capacity.

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Rotational Scheme of
Appointments
- First appointees serve terms of 7, 5 and 3 years.
- After the first commissioners are appointed, the rotational scheme
is intended to prevent the possibility of one President appointing all the
Commissioners.
- Rotational plan requires:
1. terms of the first commissioners should start on a common date
2. any vacancy due to death, resignation or disability before the
expiration of the term should only be filled for the unexpired balance of
the term.)

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Section 2. Scope of the system
Embrace ALL branches, subdivisions, instrumentalities and agencies of

the Government, including GOCCs with original charter
“with original charter” refers to corporation chartered by special law

as distinguished from corporations organized under the Corporation
Code

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Appointments in Civil Service
- According to merit and fitness to be determined, as far as

practicable by competitive examination
- Except to positions which are:
1) Policy-determining
2) Primarily confidential or
3) Highly technical

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1) Classification of a particular position as policy-determining, primarily

confidential or highly technical amounts to no more than an executive
or legislative declaration that is not conclusive upon the courts, the
true test being the nature of the position
2) The exemption provided pertains only to exemption from
competitive examination to determine merit and fitness to enter the
civil service
- Exempt from competitive examination to determine merit and
fitness

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1) Policy-determining
-Officer lays down principal or fundamental guidelines or rules
E.g. department head
2) Primarily confidential
- Not only confidence in the aptitude if the appointee for the duties
of the office but primarily close intimacy which ensures freedom of
intercourse without embarrassment or freedom from misgivings or
betrayal on confidential matters of state
3) Highly technical
– requires possession of technical skill in a superior degree.

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“Proximity rule” – can be considered as 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 or
confidential matters of the State.

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Security of Tenure
- Removed and suspended for case provided by law.

- Reassignment does not offend the constitutional guarantee
- Reinstatement – deemed not to have left his office; entitled to
payment of back salaries, notwithstanding silence.

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Security of Tenure
Payment of back wages during the period of suspension of a civil

servant who is subsequently reinstated is proper only if he is found
innocent of the charges and the suspension is unjustified.
BUT where the reinstatement is ordered not as a result of exoneration
but merely as an act of liberality, the claim for back wages was not
allowed. It follows the general rule that the public official is not entitled
to compensation if he has not rendered any service.
Valid abolition of office does not violate the constitutional guarantee
of security of tenure.

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Security of Tenure
He who, while occupying one office, accepts another incompatible

with the first, ipso facto vacates the first office and his title thereto is
thereby terminated without any other act of proceeding.
Canonizado vs. Aguirre: accepted another position while case

questioning the law that removed him from his first position was still
pending.

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Partisan Political Activity
Partisan Political Activity – no officer or employee in the civil service shall engage,
directly or indirectly, in any electioneering or partisan political campaign
 Except to vote
 Does not prevent expression of views regarding political problems or mention
the names of the public officers he supports
 Applicable to military establishments ฀ only to those in the active military
service, not to reservists
Exemptions:
1. members of the Cabinet
2. public officers and employees holding political offices
 The above 2 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.

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Right to Self-Organization and Right

to Strike
The right to Self-organization shall not be denied to government
employees
- May not engage in strikes to demand changes in the terms and
conditions of employment because such are provided for by law.

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Temporary Employees
Temporary employees of the Government shall be given such

protection as may be provided by law.

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Section 3. Purpose of a Civil Service

System
1. Central personnel agency of the Government
2. Establish a career service
3.Adopt measures to promote morale, efficiency, integrity,
responsiveness, progressiveness and courtesy in the civil service
4. Strengthen merit and reward system
5. Integrate all human resources development programs for all
levels and ranks
6. Institutionalize a management climate conducive to public
accountability

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Section 7. Prohibitions;
Appointments; Office; Employment
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.

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Flores vs. Drilon – 223 SCRA 568 (1993)
The constitutionality of Sec. 13, par. (d), of R.A. 7227, otherwise known as
the "Bases Conversion and Development Act of 1992," under which
respondent Mayor Richard J. Gordon of Olongapo City was appointed
Chairman and Chief Executive Officer of the Subic Bay Metropolitan
Authority (SBMA), is challenged with prayer for prohibition, preliminary
injunction and temporary restraining order. Said provision provides the
President the power to appoint an administrator of the SBMA provided
that in the first year of its operation, the Olongapo mayor shall be
appointed as chairman and chief of executive of the Subic Authority.
Petitioners maintain that such infringes to the constitutional provision of
Sec. 7, first par., Art. IX-B, of the Constitution, which states that "no elective
official shall be eligible for appointment or designation in any capacity to
any public officer or position during his tenure," The petitioners also
contend that Congress encroaches upon the discretionary power of the
President to appoint

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Issue:
Whether or not said provision of the RA 7227 violates the constitutional prescription against
appointment or designation of elective officials to other government posts

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In full, Sec. 7 of Art. IX-B of the Constitution provides:

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.
The section expresses the policy against the concentration of several public positions in
one person, so that a public officer or employee may serve full-time with dedication and
thus be efficient in the delivery of public services. It is an affirmation that a public office is
a full-time job. Hence, a public officer or employee, like the head of an executive
department described in Civil Liberties Union v. Executive Secretary, G.R. No. 83896, and
Anti-Graft League of the Philippines, Inc. v. Philip Ella C. Juico, as Secretary of Agrarian
Reform, G.R. No. 83815,6 ". . . . should be allowed to attend to his duties and
responsibilities without the distraction of other governmental duties or employment. He
should be precluded from dissipating his efforts, attention and energy among too many
positions of responsibility, which may result in haphazardness and inefficiency . . . ."

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The Congress gives the President the appointing authority which it

cannot limit by providing the condition that in the first year of the
operation the Mayor of Olongapo City shall assume the Chairmanship.
The court points out that the appointing authority the congress gives to
the President is no power at all as it curtails the right of the President to
exercise discretion of whom to appoint by limiting his choice.

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COMMISSION ON ELECTIONS
Composition
- Chairman
- 6 Commissioners

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Qualifications
1. Natural-born
2. At the time of the appointment at least 35 years old
3. Holder of a college decree
4. Not have been candidates in the immediately preceding
election
5. Majority, including the chairman, must be member of the
Philippine Bar who have been engaged in the practice of law for at
least 10 years.

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Term
Appointed by the President with the consent of the Commission on

Appointments
Term of 7 years, without reappointment
In no case shall any member be appointed or designated in
temporary or acting capacity.

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En Banc and Division cases
It may sit en banc of in 2 division, and shall promulgate its rules of

procedure in order to expedite disposition of cases, including pre-
proclamation controversies.
All such election cases shall be heard and decided in division,

provided that motions for reconsideration of decisions shall be
decided en banc.

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Cases which must first be heard and

decided in division
1. all election cases, including pre- proclamation contests, originally
cognizable by the Commission
2. cancel certificate of candidacy
3. cases appealed from the RTC or MTC (SC may motu proprio
consider question of jurisdiction)
4. petition for certiorari filed with COMELEC from a decision of the
RTC or MTC

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Cases which must first be heard and

decided in division
Exceptions:
1. error in tabulation results or tallying of results by the Board of
Canvassers, merely clerical in nature (petition for correction of manifest
errors in the Statement of Votes)
2. prosecution cases involving violation of election laws

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Section 2. Powers and Functions
1) Enforce and administer all laws and regulations relative to the

conduct of an election, plebiscite, initiative, referendum or recall
฀ Initiative: power of the people to propose amendments to the

Constitution or to propose and enact legislation through an election
called for the purpose.
฀ Referendum: power of the electorate to approve or reject legislation
through an election called for the purpose
฀ Recall: termination of official relationship of a local elective
official for loss of confidence prior to the expiration of his term through the
will of the electorate
฀ Plebiscite: submission of constitutional amendments or important
legislative measures to the people for ratification.

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Power to declare failure of election

-The election in any polling place has not been held on the date fixed
on account of force majeure, violence, terrorism, fraud or other
analogous case
-The election in any polling place has been suspended before the
hour fixed by law for the closing of the voting on account of force
majeure, violence, terrorism, fraud or other analogous case
-After the voting and during the preparation and transmission of the
election returns or in custody or canvas, such election results in
a failure to elect on account of force majeure, violence, terrorism,
fraud or other analogous case.

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Regulatory power over media of transportation, communication and

information
Correlate with Section 4.

The Commission may, during the election period, supervise or regulate the
enjoyment or utilization of all franchises or permits for the operation of
transportation and other public utilities, media of communication or
information, all grants, special privileges, or concessions granted by the
Government or any subdivision, agency, or instrumentality thereof,
including any government-owned or controlled corporation or its
subsidiary. Such supervision or regulation shall aim to ensure equal
opportunity, time, and space ,and the right to reply, including reasonable,
equal rates therefor, for public information campaigns and forums among
candidates in connection with the objective of holding free, orderly,
honest, peaceful, and credible elections.

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SWS vs. COMELEC, GR No. 147571,

May 5, 2001
Petitioners brought this action for prohibition to enjoin the Commission
on Elections from enforcing §5.4 of RA. No.9006 (Fair Election Act),
which provides Surveys affecting national candidates shall not be
published fifteen (15) days before an election and surveys affecting
local candidates shall not be published seven (7) days before an
election. Petitioners argue that the restriction on the publication of
election survey results constitutes a prior restraint on the exercise of
freedom of speech without any clear and present danger to justify
such restraint.

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May 5, 2001
They claim that SWS and other pollsters conducted and published the
results of surveys prior to the 1992, 1995, and 1998 elections up to as
close as two days before the election day without causing confusion
among the voters and that there is neither empirical nor historical
evidence to support the conclusion that there is an immediate and
inevitable danger to tile voting process posed by election surveys. They
point out that no similar restriction is imposed on politicians from
explaining their opinion or on newspapers or broadcast media from
writing and publishing articles concerning political issues up to the day
of the election. Consequently, they contend that there is no reason for
ordinary voters to be denied access to the results of election surveys,
which are relatively objective.

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May 5, 2001
It imposes a prior restraint on the freedom of expression, (2) it is a direct
and total suppression of a category of expression even though such
suppression is only for a limited period, and (3) the governmental
interest sought to be promoted can be achieved by means other than
suppression of freedom of expression.

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May 5, 2001
Nor may it be argued that because of Art. IX-C, §4 of the Constitution,
which gives the COMELEC supervisory power to regulate the enjoyment or
utilization of franchise for the operation of media of communication, no
presumption of invalidity attaches to a measure like §5.4. For as we have
pointed out in sustaining tile ban on media political advertisements, the
grant of power to the COMELEC under Art. IX-C, §4 is limited to ensuring
"equal opportunity, time, space, and the right to reply" as well as uniform
and reasonable rates of charges for the use of such media facilities "public
information campaigns and forums among candidates.
The technical effect of Article IX (C) (4) of the Constitution may be seen to
be that no presumption of invalidity arises in respect of exercises of
supervisory or regulatory authority on the part of the Comelec for the
Purpose of securing equal opportunity among candidates for political
office, although such supervision or regulation may result in some limitation
of the rights of free speech and free press.

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2) Exclusive original jurisdiction

a. All contests relating to the elections, returns and qualifications of all
elective regional, provincial and city officials.
Exclusive appellate jurisdiction
b. All contests involving elective municipal officials decide by RTC
c. Elective barangay officials decided by MTC

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3) Decide all questions relating to elections

Determination of the number and location of polling places
Appointment of election officials and inspectors
Registration of voters

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4) Deputize law enforcement agencies and instrumentalities for the

exclusive purpose of ensuring free, orderly , honest and
peaceful and credible elections, with concurrence of President

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5) Accredit Citizen’s Arm and Register political parties, coalitions or

organizations
e.g. filing petitions for registration under the party-list system.
After sufficient publication

Present platform/program of government

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6) File petition in court for the inclusion/exclusion of voters, upon

verified complaint or in its own initiative; investigate and/or prosecute
cases for violations of election laws

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7) Recommend to Congress effective measures to minimize election

spending, limitation of places where propaganda materials shall be
posted and to prevent and penalize all forms of election frauds,
offenses, malpractice and nuisance candidates

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8) Submit to the President and Congress a comprehensive report on

the conduct of each election, plebiscite initiative, referendum or recall

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Section 9. Election Period
Commence 90 days before the day of the election and shall end 30
days thereafter
Exception: period fixed by COMELEC in special cases

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COMMISSION ON AUDIT
Composition
- Chairman
- 2 Commissioners

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Qualifications
1. Natural-born
2. at least 35 years old
3. CPAs with not less than 10 years of auditing experience OR members
of the Philippine Bar with at least 10 years practice of law
4. not have been candidates in the election immediately preceding
the appointment
5. no time shall ALL members belong to the same profession

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Term
Appointed by the President with the consent of the Commission on

Appointments
Term of 7 years, without reappointment

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Sec. 2 Powers and Functions
1. 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 or
pertaining to the Government
2. Keep the general accounts of Government and preserve vouchers and
supporting papers for such period as provided by law
3. authority to define the scope of its audit and examination, establish techniques
and methods required therefore
4. Promulgate accounting and auditing rules and regulations, including those
for the prevention and disallowance of irregular, unnecessary, expensive,
extravagant or unconscionable expenditures or uses of government funds or
property
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 or
pertaining to the Government
Ø Post-audit basis

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Post-Audit Basis
1. Constitutional Commissions and bodies/offices granted fiscal

autonomy
2. autonomous state colleges and universities
3. GOCCs and subsidiaries – with or without original charter
4. Non-governmental entities receiving subsidy or equity
฀ Temporary or special pre-audit- where the internal control system of

the audited agencies is inadequate and when necessary and
appropriate to correct the deficiencies.

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Article IX - Lecture notes 1

College of Law (Arellano University)

Studocu is not sponsored or endorsed by any college or university

Independent Constitutional Commission

Downloaded by Antonio Luis Carreon (lenhashimura01@gmail.com)

Safeguards Insuring the Independence of the

Automatic release of approved annual appropriations to a

Downloaded by Antonio Luis Carreon (lenhashimura01@gmail.com)

Safeguards Insuring the Independence of the

Downloaded by Antonio Luis Carreon (lenhashimura01@gmail.com)

CSC vs. DBM, 482 SCRA 233

By petitioner's claim, the amount of P215,270,000.00 was appropriated

To petitioner, this balance was intentionally withheld by respondent on

Downloaded by Antonio Luis Carreon (lenhashimura01@gmail.com)

CSC vs. DBM, 482 SCRA 233

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Section 2. Prohibition on Members

1. Not hold any other office or employment, during tenure

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Section 7. Decisions of the

2. Aggrieved party may bring the decision to the SC on certiorari w/in

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CIVIL SERVICE COMMISSION

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Section 2. Scope of the system

Embrace ALL branches, subdivisions, instrumentalities and agencies of

“with original charter” refers to corporation chartered by special law

Downloaded by Antonio Luis Carreon (lenhashimura01@gmail.com)

Appointments in Civil Service

- According to merit and fitness to be determined, as far as

Downloaded by Antonio Luis Carreon (lenhashimura01@gmail.com)

Appointments in Civil Service

1) Classification of a particular position as policy-determining, primarily

Downloaded by Antonio Luis Carreon (lenhashimura01@gmail.com)

Appointments in Civil Service

Downloaded by Antonio Luis Carreon (lenhashimura01@gmail.com)

Appointments in Civil Service

“Proximity rule” – can be considered as confidential employee if the

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- Removed and suspended for case provided by law.

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Payment of back wages during the period of suspension of a civil

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He who, while occupying one office, accepts another incompatible

Canonizado vs. Aguirre: accepted another position while case

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Partisan Political Activity

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Right to Self-Organization and Right

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Temporary employees of the Government shall be given such

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Section 3. Purpose of a Civil Service

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Unless otherwise allowed by law or by the primary functions of his

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Flores vs. Drilon – 223 SCRA 568 (1993)

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Flores vs. Drilon – 223 SCRA 568 (1993)

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Flores vs. Drilon – 223 SCRA 568 (1993)