Vous êtes sur la page 1sur 20

Constitutional Law 1

Branches of Government
SENATE
Functions/
Powers

HOUSE OF
REPRESENTATIVES

Art. 6, Sec. 21: Senate or the HR or any of its respective


committees, conduct inquiries in aid of legislation, in
accordance with its duly published rules of procedure. Rights
of persons appearing or will be aected by such inquiry shall
be respected.

Art. 6, Sec. 22: Oversight function of Congress to ensure


that the laws it is passing are being implemented by the
executive. Heads of the departments, at their own initiative
with the consent of the President, or upon the request of
either House, shall appear before and be heard by the House
on any matter pertaining to the departments.

Art. 6, Sec. 23: In times of war or other national emergency


Congress may, by law, authorize the President, to
exercise powers necessary and proper to carry out a
declared national policy (Subject to restrictions it may
prescribe). Such powers shall cease upon the next
adjournment of Congress, but it can be withdrawn, by
resolution, by Congress as well.

Congress may delegate legislative powers to the


President under this provision subject to its
conditions.

This is an exception to the general rule of nondelegability of legislative power


Art. 6, Sec. 28:
1. Congress may, by law, authorize the President to fin within
specified limits, and subject to such limitations and
restrictions as it may impose, tari rates, import and export
quotas, tonnage and wharfage dues, and other duties or
imposts within the framework of the national development
program of the Government

This is an exception to the general rule of nondelegability of legislative power

2. Congress may by law grant tax exemptions by majority


vote but such must be for public purposes.

Art. 6, Sec. 29: Power to appropriate, by law

Art. 7, Sec. 16: Congress may, by law, vest the appointment


of other ocers lower in rank in the President alone, in the
courts on in the heads of departments, agencies,
commissions or boards.

Rufino vs Edriga (2006): When authority is given to


head of collegial bodies, it is to the chairman that
authority is given and not to the body. But he can
only appoint ocers lower in rank and not ocers
equal in rank to him, thus he cannot appoint a fellow
member of a Board.

Art. 7, Sec. 21: No treaty or international agreement shall


be valid and eective unless concurred in by at least 2/3 of
all the members of the Senate.
Art. 8, Sec. 1: Establish, by law, lower courts vested with
judicial power

Art. 8, Sec. 2: Congress has the power to define, prescribe,


and apportion the jurisdiction of the various courts but
may not deprive the Supreme Court of its jurisdiction over
cases enumerated in Sec. 5 hereof.

Art. 9B, Sec. 5: Congress shall provide for the


standardization of compensation of government ocials
and employees, including those in government-owned or
controlled corporations with original charters, taking into
account the nature of responsibilities, pertaining to, and the
qualifications required for their positions.

Clarence Tiu, Ateneo Law 1-B, Batch 2017

EXECUTIVE
Art. 6, Sec. 27: Veto power of the
President on bills passed by Congress.
President also has item-veto power
on Appropriations, Revenue, or Tari
bills.

JUDICIARY

Art. 7, Sec. 18: Review upon


filing of petition by any
citizen, the validity of
suspension of the privilege of
the Writ of Habeas Corpus or
the proclamation of Martial
Gonzales vs Macaraig (1990):

Law. It must promulgate its


Principle on inappropriate provisions decision within 30 days from
its filing.

also says that a provision that is


constitutionally inappropriate for an
Art. 8, Sec. 1: Judicial power
Appropriation bill may be singled out
for veto even if it is not an
shall be vested in one
appropriation or revenue item; meaning Supreme Court and in such
the President may veto provisions that lower courts as may be
are riders in an appropriations bill.

established by law.

Art. 6, Sec. 25(2): No


Judicial power includes:

provision/enactment shall be
1. The duty of the Courts of
embraced in the general
Justice to settle actual
appropriations bill unless it
controversies involving
relates specifically to some
rights which are legally
particular appropriation
demandable and enforceable,

therein. Any such provision/


2. Determine whether or not
enactment shall be limited in
there has been a grave
its operation to the
abuse of discretion
appropriation to which it
amounting to lack or excess
relates.

of jurisdiction on the part of


any branch or instrumentality
Executive Power
of the Government.

Art. 7, Sec. 1: Executive power is


vested in the President of the
Irreducible Judicial Powers
Philippines

Art. 8, Sec. 5:

Marcos vs Manglapus (1989):


1. Exercise original
Tradition recognizes that the powers of jurisdiction over cases
the President are more than the sum of aecting ambassadors, other
enumerated executive powers. He
public ministers and consuls,
possesses residual powers meaning
and over petitions for
those powers inherent inn government certiorari, prohibition,
that are not legislative nor judicial is
manadamus, quo warranto,
executive.

habeas corpus

2. Review, revise, reverse,


Appointing Power
modify, or arm on appeal or
Art. 7, Sec. 16: President shall
on certiorari as the law or
nominate and, with the consent of the
rules of court may provide,
Commission of Appointments, appoint:
final judgments and orders of
1. Heads of the executive departments
lower courts in:

2. Ambassadors, other public ministers


1. All cases in which
and Consuls

the constitutionality
3. Ocers of the AFP from the rank of
or validity of any
Colonel or Naval Captain

treaty, international or
4. Other ocers whose appointments
executive agreement,
are vested in

law, presidential
decree, proclamation,
him in this Constitution (Regular
order, instruction,
members of JBC, members of the
ordinance, or
Constitutional Commissions

regulation is in
Calderon vs Carale (1992):
question.

Congress may not expand the


2. All cases involving
list of appointments needing
the legality of any tax,
confirmation. List in Art. 7,
impost, assessment,
Sec. 16 is exclusive, It cannot
or toll, or any penalty
be expanded by law.

imposed in relation
President may also appoint, without
thereto

consent of Commission on
3. All cases in which
Appointments:

the jurisdiction of any


lower court is an
1.Other ocers of Government whose
issue

appointments are not otherwise


4. All criminal cases
provided by law

in which the penalty


2. Those whom he may be authorized
imposed is reclusion
by law to appoint

perpetua or higher.

Constitutional Law 1
SENATE

HOUSE OF
REPRESENTATIVES

2/3 vote of both House, Joint Session assembled, voting


separately:
Art. 6, Sec. 23: Sole power to declare the existence of a
state of war

EXECUTIVE

President can also make appointments


during the recess of Congress, known
as Ad Interim appointments, which
are permanent and be eective until
disapproval by the Commission on
Appointments or until the next
adjournment of Congress.

JUDICIARY

5. All cases in which


only an error or
question of law is
involved.

Power of Judicial Review


Power of the Supreme Court
to declare a law, treaty,
international or executive
Art. 7, Sec. 14: Appointments by
agreement, presidential
acting President remain eective,
decree, proclamation, order,
unless revoked by the elected
instruction, ordinance, or
President within 90 days from his
regulation as unconstitutional.

assumption/reassumption of oce.

Such power is
merely an aspect of
Power of Control and Supervision
judicial power

Art. 7, Sec. 17: President shall have


As a rule the Court
control of all the executive
will not touch the
departments, bureaus, and oces. He
constitutionality of an
shall ensure that the laws are faithfully
issue unless it is
executed.
unavoidable or is the
very lis mota (Cause
Calling out Power
Majority vote of both houses, voting separately
of action)

Art. 7, Sec. 4: In case two or more candidates for Presidency/ Art. 7, Sec. 18: President shall be the
Requisites:
Commander-in-Chief of the AFP and
Vice-President have equal votes, Congress is required to
1. Actual case
whenever it becomes necessary, he
choose the winning candidate and break the tie.

calling for the


may call out such armed forces to
Art. 7, Sec. 9: Confirmation of a nominee for Vice-President
exercise of judicial
prevent or suppress lawless violence,
by the President, in case of vacancy of such oce.

power

Art. 7, Sec. 19: Concurrence needed to for grant of amnesty


invasion, or rebellion.

Case must
be ripe for
Power to suspend the privilege of
Majority vote of both houses, voting jointly
adjudication

Art. 7, Sec. 18: Revoke the suspension of the privilege of the the Writ of Habeas Corpus and
2. Person raising the
Martial law:
Writ of Habeas Corpus or the proclamation of Martial Law. It
case must have legal
Art. 7, Sec. 18: In case of invasion or
may also in the same manner, upon the initiative of the
standing
rebellion, when the public safety so
President, extend such suspension or proclamation in the
Personal
requires

period it determines, if the rebellion or invasion persists and


and
public safety so requires.
substantial
it, he may for a period not exceeding
interest in the
60 days, suspend the writ of the
case such
privilege of habeas corpus or place
that he has
the Philippines or any part thereof
sustained or
under Martial Law.
will sustain,
direct injury
Executive Clemency
as a result of
Art. 7, Sec. 19: Except in cases of
its
impeachment, or as otherwise
enforcement.

provided in this Constitution, the


Auxiliary Administrative
President may grant reprieves,
commutations, and pardons, and remit Powers
fines and forfeitures after conviction by Art. 8, Sec. 5:
1. Assign temporary judges of
final judgment. He also has the power
to grant amnesty with the concurrence lower courts to other stations
as public interest may require.
of a majority of all members of
Such temporary assignment
Congress.

shall not exceed 6 months


without the consent of the
Power to Contract or Guarantee
judge concerned.

Foreign Loans
Art. 7, Sec. 20: President may contract 2. Order a change of venue or
or guarantee foreign loans on behalf of place of trial to avoid
miscarriage of justice

the Republic of the Philippines with


3. Promulgate rules
prior concurrence of the Monetary
concerning the protection
Board, and subject to limitations as
and enforcement of
may be provided by law.

constitutional rights,
pleading, practice, and

Foreign Relations Power


1. Power to negotiate treaties and
procedure in all courts, the
international agreements (Art. 7, Sec.
admission to the practice of
21)

law, the Integrated Bar, and


2. Power to appoint ambassadors,
legal assistance to the

ministers, or consuls (Art. 7, Sec. 16)

2/3 of both Houses, No requirement of joint assembly,


voting separately:
Art. 6, Sec. 27: Overriding the veto of the President of bills

Art. 7, Sec. 11: Determination whether or not the President is


unable to discharge the powers and duties of his oce. If
Congress decide President is incapable, Vice-President shall
act as President.

This is applicable only when the majority of the


cabinets transmits a written declaration to the Senate
President and Speaker of the House of the inability of
the President, and the President transmits that is
capable, then majority of the Cabinet, within 5 days
transmits again the he is incapable.

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Constitutional Law 1
SENATE

HOUSE OF
REPRESENTATIVES

EXECUTIVE

JUDICIARY

underprivileged. Such rules


shall provide a simplified and
inexpensive procedure for the
speedy disposition of cases
shall be uniform for all courts
of the same grade, and shall
not diminish, increase, or
modify substantive rights.
President may enter into executive
agreements with foreign countries even Rules of procedure for special
courts and quasi-judicial
without Senate concurrence.
bodies shall remain eective
unless disapproved by the
Supreme Court.

4. Appoint all ocials and


employees of the Judiciary in
accordance with the Civil
Service Law.

3. Power to receive ambassadors and


other public ministers accredited to the
Philippines

4.Power to contract or guarantee


foreign loans (Art. 7, Sec. 20)

5. Power to deport aliens

Art. 8, Sec. 6: Supreme Court


shall have administrative
supervision over all courts
and personnel thereof.

Art. 8, Sec. 11: SC en banc


shall have the power to
discipline judges of lower
courts, or order their
dismissal by a vote of a
majority of the members who
actually took part in the
deliberations on the issue of
the case and voted thereon.

In the case of the


members of SC, only
Congress can
discipline them by
impeachment.

People vs Gacott
(1995): SC en banc
decision only needed
when the penalty
imposed is dismissal
of a judge,
disbarment of a
lawyer, or a fine
exceeding 10,000
pesos. For lesser
penalties, decision
through SC division is
allowed.

Power to discipline
judges is exclusive to
the SC

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Constitutional Law 1
SENATE
Composition

Art. 6, Sec 2: 24 Senators


elected at large

There is staggering of terms


because during the 1992
elections, the first 12
senators obtained the highest
number of votes shall serve
for 6 years and the remaining
12, only for 3 years.

Senatorial elections take


place very 3 years, and all are
elected to a term of 6 years.

HOUSE OF
REPRESENTATIVES

EXECUTIVE

Art. 6, Sec. 5: Composed of


Art. 7, Sec. 1: Executive power is
not more than 250 members, vested in the President of the
unless otherwise fixed by law
Philippines

Composed of:

1. District representatives

2. Party-list representatives

3. Sectoral representatives
(Existed until 1998, after
which they are under the
party-list system)

Art. 6, Sec. 5(2): Party-list


representatives shall
constitute 20% of the total
number of Representatives,
including those under the
party-list.

Banat vs Comelec (2009):


20% share of the House of
Representatives by the partylist representatives is
mandatory. The 2% of the
total number of votes cast for
the party-list system rule laid
out by RA 7941 is declared
unconstitutional. It is only
needed in determining who
are guaranteed seats. There
is still also 3-seat limit for
each qualified party

This ruling reversed the ruling


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

Ang Bagong Bayani-OFW


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

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Art. 7, Sec. 3: There shall be a VicePresident who may be appointed as a


member of the Cabinet. Such
appointment requires no confirmation
by the Commission on Appointments.

Art. 7, Sec. 4: President and VicePresident shall be elected by direct


vote of the people.

Cabinet is itself an institution extraconstitutionally created which essential


consists of heads of departments who
meet regularly with the President. They
are the principal ocers through whom
the President executes the law.
President through he power of control
and his power to remove them at will,
remains the the chief of administration.
Cabinet members serve at the behest
of the President

JUDICIARY
Art. 8, Sec. 1: Judicial power
shall be vested in one
Supreme Court and in such
lower courts as may be
established by law.

Art. 8, Sec. 4: Supreme Court


shall be composed of a Chief
Justice and 14 Associate
Justices. It may sit en banc
or it ints discretion, in
divisions of 3, 5 or 7
members.

Art. 8, Sec. 9: Members of


the SC and judges of lower
courts shall be appointed by
the President from a list of at
least 3 nominees prepared by
the JBC for every vacancy.
Such appointments need no
confirmation.

Constitutional Law 1

Qualifications

SENATE

HOUSE OF
REPRESENTATIVES

Art. 6, Sec. 3:
1. Natural-born citizen of the
Philippines

2. At least 35 years of age on


the day of election

3. Able to read and write

4. Registered voter

5. Resident of the Philippines


for not less than 2 years
immediately preceding the
day of elections

Art. 6, Sec. 6: Qualifications


of district representatives

1. Natural-born citizen of the


Philippines

2. At least 25 years of age on


the day of elections

3. Able to read and write

4. Registered voter in the


district in which he shall be
elected

5. Resident of the district in


which he shall be elected for
not less than 1 year
immediately preceding the
day of elections

RA 7941, Sec. 9:
Qualifications of Party-list
Representatives:

1. Natural-born citizen of the


Philippines

2. At least 25 years of age on


the day of elections

3. Able to read and write

4. Registered voter

5. Resident of the Philippines


for not less than 1 year
immediately preceding the
day of election

6. A bona fide member of the


party or organization which
he seeks to represent for at
least 90 days preceding the
day of election

For nominees of the youth


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

Atong Paglaum vs Comelec


(2013):
Political parties, major or not,
may participate in the partylist system as long as they do
not field any candidate in
legislative district elections. If
they field candidates in such,
they can participate in the
party-list system only through
its sectoral wing that can
separately register under the
party-list system.

National, regional and


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

This is contrary to the decision in


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

Clarence Tiu, Ateneo Law 1-B, Batch 2017

EXECUTIVE
Art. 7, Sec. 2: Qualifications of the
President:
1. Natural-born citizen of the
Philippines

2. At least 40 years of age on the day


of elections

3. Able to read and write

4. Registered voter

5. Resident of the Philippines for at


least 10 years immediately preceding
such election.

Art. 7, Sec. 3: Qualifications, term,


manner of removal of Vice-President is
same as the President.

JUDICIARY
Art. 8, Sec. 7:
Qualifications of members
of the Supreme Court:
1. Natural-born citizens of the
Philippines
2. At least 40 years of age

3. Must have been for 15


years or more a judge of a
lower court or engaged in the
practice of law in the
Philippines

4. Proven competence,
integrity, probity, and
independence

Qualifications of members
of the Collegiate Courts
(Court of Appeals, Court of
Tax Appeals,
Sandiganbayan):
1. Natural-born citizen of the
Phiippines

2. Member of the Philippine


Bar

3. Other qualifications
prescribed by Congress

4. Proven competence,
integrity, probity, and
independence

Qualifications of judges of
single-member courts/ noncollegiate courts:
1. Philippine citizens (Either
Natural-born or naturalized)

2. Member of the Philippine


Bar

3. Other qualifications
prescribed by Congress

4. Proven competence,
integrity, probity, and
independence

Constitutional Law 1
SENATE
Term

Art. 6, Sec. 4: 6 years,


commencing at noon on
June 30, next following their
election, unless provided by
law.

Limitations on Art. 6, Sec. 4: Senator


cannot serve more than 2
election
consecutive terms.

HOUSE OF
REPRESENTATIVES

EXECUTIVE

JUDICIARY

Art. 6, Sec. 7: 3 years,


commencing at noon on June
30, next following their
election, unless provided by
law

Art. 7, Sec. 4:
1. President and Vice-President has a
term of 6 years which shall begin on
noon on June 30, next following their
election.

Art. 6, Sec. 7: Members of


the House of Representatives
cannot serve more than 3
consecutive terms.

Art. 7, Sec. 4:
N/A
President:
President shall not be eligible for any
re-election.

No person who has succeeded for as


President and has served as such for
more than 4 years shall be qualified for
election to the same oce at any time.

For a person who succeeded


as President to be qualified to
be elected for such oce he
ohuld have served only exactly
4 years or less.

Art. 8, Sec. 11: Members of


the SC and judges of the
lower courts shall hold oce
during good behavior until
they reach the age of 70
years or become
incapacitated to discharge
the duties of their oce.

Vice-President
No Vice-President shall serve for more
than two successive terms

Canvassing of Comelec
Votes and
Proclamation
of winner
Vacancies

Art. 6, Sec. 9: Special election may be held (at the discretion


of Congress) to fill the vacancy in the manner prescribed by
law. Senator/Member of HR elected shall serve for only the
unexpired term

Service of the unexpired term will be counted as 1


term for the purposes of counting the number of
allowable successive terms.

Special election is discretionary not mandatory

RA 6645:
Sec. 1: In case vacancy arises in the Senate at least 18
months or in the HR at least 1 year before the next regular
election for Members of Congress, the Comelec, upon
receipt of resolution of the Senate or HR, as the case may be,
certifying to the existence of such vacancy and calling for a
special election, shall hold a special election to fill such
vacancy.

If Congress is in recess, the Senate President or


Speaker of the House, as the case may be, may
ocial communicate and call for the special election

Sec. 2: The Comelec shall hold the special election not


earlier than 45 days nor later than 90 days from the date of
such resolution or communication, provided that if within the
said period a general election is scheduled to be held, the
special election shall be held simultaneously with such
general election.

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Art. 7, Sec. 4: Congress, both houses


in joint session, but it may delegate the
preliminary count of votes to a Joint
Committee

N/A

Vacancy of Presidency existing at


the beginning of the term

Art. 8, Sec. 4: Any vacancy in


the Supreme Court must be
filled within 90 days from
the occurrence thereof.

De Castro vs JBC
(2010): Appointments
to the Supreme Court
are not covered by
the appointments ban
on the President.

Art. 7, Sec. 7:
Vice-President-Elect will act as
President:
1. If the President-elect fails to qualify,
until the President-elect shall have
qualified

2. If a President shall not have been


chosen, until a President shall have
been chosen and qualified.

Vice-President-Elect becomes
President:
1. If at the beginning of the term of the
President, the President-elect dies or
shall have become permanently
disabled.

Senate President or in case of his


disability, the Speaker of the House
shall act as President:
1. Where no President and VP shall
have been chosen or qualified, or
where both shall have died or become
permanently disabled, until a President
or VP shall have been chosen or
qualified.

Art. 8, Sec. 9: For the lower


courts, the President shall
issue the appointments within
90 days from the
submission of the list.

Constitutional Law 1
SENATE

HOUSE OF
REPRESENTATIVES

EXECUTIVE
Congress shall by law
provide for the manner in
which one who is to act as
President shall be selected
until a President or VP shall
have been qualfied, in case of
death, permanent disability, or
inability of the ocials
mentioned in the next
preceding paragraph.

Vacancy of Presidency existing


during the term
Art. 7, Sec. 8:

Vice-President becomes President:


In case of death, permanent
disability, removal from oce, or
resignation of the President.

Senate President or in case of his


disability, the Speaker of the House
shall act as President:
In case of death, permanent
disability, removal from oce, or
resignation of both the President and
VP, until a President or VP shall have
been elected and qualified.

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

Special election in case of vacancy


of Presidency and Vice-Presidency:
Art. 7, Sec. 10: Congress shall at
10am on the third day after the
vacancy in the oce of President and
VP occurs, convene without need of a
call and within 7 days enact a law
calling for a special election to elect a
President and VP to be held not earlier
than 45 days not later than 60 days
from the time of such call.

BIll will become law after its


approval on the third reading
by Congress.

Appropriations shall be
charged against any current
appropriations and exempt
from the rule of special
appropriations in Art. 6, Sec.
25(4).

Convening of the Congress


cannot be suspended nor the
special election postponed

No special election shall be


called if the vacancy occurs
within 18 months before the
date of the next presidential
elections.

Clarence Tiu, Ateneo Law 1-B, Batch 2017

JUDICIARY

Constitutional Law 1
SENATE
Privilege

HOUSE OF
REPRESENTATIVES

Art. 6, Sec. 11:

1. Privilege from Arrest: Senators and Members of the


House of Representatives are privileged from arrest
provided:

Oenses are punishable by not more than 6 years


imprisonment (Only 6 years or less is covered)

Congress is in session.

2. Privilege of Speech: No Senator or Member of the House


of Representative shall be questioned nor be held liable in
any other place for any speech or debate in the Congress or
in any committee thereof

People vs Jalosjos (2000): Senator or Member of HR who


has been convicted does not enjoy immunity from arrest.

Osmena vs Pendatun (1960): Privilege of speech does not


protect a member of Congress from the disciplinary authority
of Congress but it is an absolute protection against suits for
libel

Jimenez vs Cabangbang (1966): Privilege of speech can


only be claimed, it is not essential that Congress be in
session when the utterance was made. But such utterance
must constitute legislative action. It must be made in the
performance of their ocial functions.

Gravel vs US (American case): When legislative action is


involved, the testimonial privilege extends to and protects
even the agents and aides of the members of Congress

EXECUTIVE
Immunity from suits
Jurisprudence: President is immune
from all suits for all acts during his
tenure. (Must be impeached first)
Soliven vs Makasiar (1988): President
has privilege of immunity from all suits
for ocial acts within the exercise of
his oce even after his tenure. Such
executive privilege can only be invoked
by the President himself. President
may also waive the privilege.

Clinton vs Jones (1997) (US Case):


Sitting President is not immune from
suits for unocial acts committed
before his term.

Executive Privileges
Senate vs Ermita (2006): Executive
privilege is the power of the President
to withhold certain types of
information, from the Courts, the
Congress, and ultimately the public. It
can only be claimed and given by the
President with sucient grounds for
the SC to determine its validity or not.

Neri vs Senate (2008): Presidential


communication is presumptively
privileged between the President and
operationally proximate advisers. But
such presumption is subject to
rebuttal.

US vs Nixon (1974) (US Case): SC


may declare whether or not information
is covered by executive privilege or
not. Although this has never been done
in the Philippines.

What kinds of information can be


covered by executive privilege:

Senate vs Ermita (2006): Those which


are of a nature that disclosure would
subvert military or diplomatic
objectives, information about the
identity of persons who furnish
information of violations of law, or
information about international
deliberations comprising the process
by which the government decisions are
reached

EO 464 (2005):
1. Information between intergovernment agencies prior to

the conclusion of treaties and


executive agreements

2. Discussion in close door Cabinet


meetings

3. Matters aecting national security


and public order

This order by Pres. Arroyo was


revoked by her in 2008.

Clarence Tiu, Ateneo Law 1-B, Batch 2017

JUDICIARY
Members of the SC are
immune from all suit, they
cannot be prosecuted. They
must first be impeached by
Congress.

Constitutional Law 1
SENATE

HOUSE OF
REPRESENTATIVES

Disqualificatio Art. 6, Sec. 13:


1. No member of Congress may hold another oce or
n/
employment in the Government (Its subdivisions, agencies, or
Prohibitions
instrumentalities) and Government-owned or controlled
corporations or their subsidiaries during his term without
forfeiting his seat.
Prohibition is only during his tenure, he may still
accept appointments provided that he will
automatically forfeit his seat in Congress.

EXECUTIVE
Art. 7, Sec. 6: President and VicePresident during their tenure, cannot
receive any other emolument from the
government or any other source

Art. 7, Sec. 13: President, VicePresident, Members of the Cabinet,


and their deputies and assistants
cannot:

1. Hold any other oce or


2. No member of Congress shall be appointed to any oce
employment during their tenure

which may have been created or the emoluments thereof


2. They shall not, during their tenure,
increased during the term for which he was elected

directly or indirectly practice any


Prohibition is during his term, even if he resigns, he
other profession, participate in any
cannot be appointed to oces created during his
business, or be financially interested
term

in any contract with, or in any


franchise, or special privilege
granted by the Government (Its
RA 9006/ Fair Election Act/ Farinas vs Exec. Secretary:
subdivisions, agencies, or
When an elective ocial runs for another oce other than the instrumentalities) and Governmentone he is currently holding, he is no longer ipso facto resigned owned or controlled corporations or
their subsidiaries

Art. 6, Sec. 14:


3. They shall strictly avoid conflict of
3. No member of Congress may personally appear as
interests in the conduct of their oce.

counsel before any court of justice, electoral tribunals, quasijudicial or administrative bodies

Exception: If the position other than


4. He cannot be directly or indirectly be interested
their primary position is expressly
financially in any contact, franchise, or special privilege
authorized by the Constitution, in their
granted by the Government (Its subdivisions, agencies, or
ex-ocio (by virtue of oce) capacity
instrumentalities) and Government-owned or controlled
or those additional functions that are
corporations or their subsidiaries during his term
intimately related to their primary oce
5. He shall not intervene in any matter before any oce of the which do not constitute a new
appointment.

government for his pecuniary benefit or where he may be


called upon to act on account of his oce

Funa vs Agra (2013): Includes


Art. 9B, Sec. 7: No elective ocial shall be eligible for
appointments in acting capacity/
temporary appointments.

appointment or designation in any capacity to any public


oce or position during his tenure
Spouses and relatives by
consanguinity or anity within the
Art. 9B, Sec. 8: No elective or appointive public ocer or
4th civil degree of the President shall
employee shall receive additional, double, or indirect
not be appointed as members of the:

compensation, unless specifically authorized by law. Nor


1. Constitutional Commissions

accept, without the consent of the Congress, any present,


2. Oce of the Ombudsman

emolument, oce, or title of any kind from any foreign


3. Secretaries, Undersecretaries,
government.

Chairman, Heads of Bureaus or


Pensions and gratuities are not considered as
Oces, including government-owned
additional, double, or indirect compensation

or controlled corporations or their


subsidiaries.

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


If such relatives are already in
accommodation for any business purpose may be granted,
oce when a President
directly or indirectly, by any government-owned or controlled
assumes oce, the relatives
bank or financial institution to the President, the Viceare not ousted from their
President, Members of the Cabinet, Congress, Supreme
positions. What is prohibited is
Court, Constitutional Commissions, and the Ombudsman, or
appointment or reto any firm or entity in which they have controlling interest
appointment.

during their tenure.


Art. 7, Sec. 15: President/Acting
President cannot make appointments
during the 2 months immediately
preceding the next presidential
elections and up to the end of his term

Except: Vacancies to
executive positions where the
continued vacancy will
prejudice public service or
endanger public safety

De Castro vs JBC (2010):


Appointments to the Supreme
Court are not covered by the
appointments ban.

Clarence Tiu, Ateneo Law 1-B, Batch 2017

JUDICIARY
Members of the Judiciary can
only perform judicial
functions

Vistan vs Nicolas (1991):


Incumbent judge cannot
present himself as a
congressional candidate.
Such would constitute
improper conduct.
Art. 8, Sec. 12: Members of
the SC and of other courts
established shall not be
designated to any agency
performing quasi-judicial or
administrative functions.

Art. 9B, Sec. 7: No


appointive ocial shall hold
any other oce or
employment in the
Government or any (Its
subdivisions, agencies, or
instrumentalities) and
Government-owned or
controlled corporations or
their subsidiaries

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

Art. 9B, Sec. 8: No elective


or appointive public ocer or
employee shall receive
additional, double, or indirect
compensation, unless
specifically authorized by law.
Nor accept, without the
consent of the Congress, any
present, emolument, oce, or
title of any kind from any
foreign government.

Pensions and
gratuities are not
considered as
additional, double, or
indirect
compensation

Art. 11, Sec. 16: No loan,


guaranty, or other form of
financial accommodation for
any business purpose may be
granted, directly or indirectly,
by any government-owned or

controlled bank or financial


institution to the President,
the Vice-President, Members
of the Cabinet, Congress,
Supreme Court,
Constitutional Commissions,
and the Ombudsman, or to
any firm or entity in which
they have controlling interest
during their tenure.

Constitutional Law 1
SENATE

HOUSE OF
REPRESENTATIVES

EXECUTIVE

JUDICIARY

Art. 9B, Sec. 7: No elective ocial


shall be eligible for appointment or
designation in any capacity to any
public oce or position during his
tenure
Art. 9B, Sec. 8: No elective or
appointive public ocer or employee
shall receive additional, double, or
indirect compensation, unless
specifically authorized by law. Nor
accept, without the consent of the
Congress, any present, emolument,
oce, or title of any kind from any
foreign government.

Pensions and gratuities are


not considered as additional,
double, or indirect
compensation

Art. 11, Sec. 16: No loan, guaranty, or


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

Art. 6, Sec. 10: The salaries of Senators and Members of the


HR shall be determined by law.

No increase in said compensation shall take eect


until after the expiration of the full term of all the
members of the Senate and HR approving such
increase

No provision about decrease

Art. 7, Sec. 6: Salaries of the President


and VP are determined by law

Salaries shall not be


decreased during their tenure.

No increase in said
compensation shall take eect
until after the expiration of the
term of the incumbent during
which such increase was
approved.

Art. 8, Sec. 10: The Salary of


the Chief Justice, and of the
Associate Justices of the
Supreme Court, and of
judges of lower courts shall
be fixed by law
During their
continuance in oce,
their salary shall not
be decreased.

No provision about
increase

Niaftan vs Commission on
Internal Revenue (1987):
Salary of judges and justices
are subject to income tax

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Constitutional Law 1

Constitutional Commissions/Ombudsman
CIVIL SERVICE
COMMISSION (CSC)

COMMISSION ON
ELECTIONS (COMELEC)

COMMISSION ON AUDIT
(COA)

Purpose

The general objective of a


Civil Service System is to
establish and promote
professionalism and efficiency
in public service.

Enforce and administer all


laws and regulations relative
to the conduct of an election,
plebiscite, initiative,
referendum and recall

Examine the accuracy of the


records kept and to determine
whether expenditures have
been made in conformity with
law and to take corrective
action when necessary.

Function
and Powers

Art. 9A, Sec. 1: The Constitutional Commissions, which shall be independent, are the Civil
Service Commission, the Commission on Elections, and the Commission on Audit

1. Civil Service Commission- Personnel oce of the Government

2. Commission on Elections- Charged with the administration of the all important electoral
process

3. Commission on Audit- Auditing oce

Art. 9A, Sec. 4: The Constitutional Commissions shall appoint their ocials and employees in
accordance with law
Art. 9A, Sec. 5: The Commission shall enjoy fiscal autonomy. Their approved annual
appropriations shall be automatically and regularly released

Art. 9A, Sec. 6: Each commission en banc may promulgate its own rules concerning
pleadings and practice before it or before any of its ofices. Such rules however shall not
diminish, increase, or modify substantive rights.

Aruelo, Jr. vs Court of Appeals (1993): In case of conflict between a rule of


procedure promulgated by a Commission and a Rule of Court, Rule of Commission
shall prevail if the proceeding is before a commission; but if the proceeding is before a
Court, Rules of Court shall prevail.

Antonio vs Comelec (1999): If rules promulgated by a Commission are inconsistent


with a statute, statute prevails.

Power of SC to disapprove rules of quasi-judicial or administrative bodies (Art. 8,


Sec. 5) does not apply to the Commissions because they are independent bodies. SC
may, however, exercise judicial review over them.

Art. 9A, Sec. 8: Each commission shall perform such other functions as may be provided
by law.
Art. 9B, Sec. 3: The Civil
Service Commission, as the
central personnel agency of
the Government, shall:

1. Establish a career service


2. Adopt measures to
promote morale, eciency,
integrity, responsiveness,
progressiveness, and
courtesy in the Civil Service

3. Strengthen the merit and


rewards system
4. Integrate all human
resources development
programs for all levels and
ranks

5. Institutionalize a
management climate
conducive to public
accountability

6. Submit to the President


and Congress an annual
report on its personnel
programs
CSC is an administrative
agency. It can only perform
and be given powers proper

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Art. 9C, Sec. 2: The


Commission on Elections
shall exercise the following
powers and functions:

Executive Powers

1. Enforce and administer


all laws and regulations
relative to the conduct of an
election, plebiscite, initiative,
referendum and recall

Quasi-Legislative Powers
Gallardo vs Tabamo, Jr.
(1993): Comelec may
promulgate rules and
regulations for the
implementation of election
laws

Art. 9C, Sec. 3: Comelec en


banc shall promulgate its
rules of procedure in order to
expedite disposition of
election cases, including preproclamation controversies.

Art. 9C, Sec. 4: Power given


to Comelec to regulate media
is a delegation of rule-making
authority

Art. 6, Sec. 20: Commission


on Audit shall audit the
records and books of
accounts of the Congress
and shall publish annually an
itemized list of amounts paid
to and expenses incurred for
each member of the
Congress.

To check accuracy
and authorization but
no receipts are
needed for the
books/records of
Congress, only
certifications.

Art. 9D, Sec. 2: Commission


on Audit shall have the power,
authority and duty to:

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 by, or pertaining to,
the Government (Its
subdivisions, agencies, or

OMBUDSMAN
Peoples champion against
graft and corruption in the
Government

Art. 11, Sec. 13: The


Ombudsman shall have the
following powers, functions
and duties:

1. Investigate on its own, or


on complaint by any person,
any act or omission of any
public ocial, employee,
oce, or agency, when such
act or omissions appears to
be illegal, unjust, improper,
or inecient
2. Direct, upon complaint or
at its own instance, any
public ocial or employee of
the Government (Its
subdivisions, agencies, or
instrumentalities) and
Government-owned or
controlled corporations with
original charter, to perform
and expedite any act or
duty required by law, or to
stop, prevent, and correct
any abuse or impropriety in
the performance of duties.

3. Direct the ocer


concerned to take
appropriate action against a
public ocial or employee at
fault, and recommend his
removal, suspension,
demotion, fine, censure, or
prosecution, and ensure
compliance therewith.

4. Direct the ocer


concerned, in any
appropriate case, and
subject to such limitations as
may be provided by law, to
furnish it with copies of
documents relating to
contracts or transactions
entered into by his oce
involving the disbursement
or use of public funds or
properties, and report any
irregularity to the
Commission on Audit for
appropriate action.

5. Request any government


agency for assistance and
information necessary in the
discharge of its

Constitutional Law 1
CIVIL SERVICE
COMMISSION
(CSC)
and be
given powers
proper

COMMISSION ON
ELECTIONS (COMELEC)
authority

COMMISSION ON AUDIT
(COA)
subdivisions,
agencies, or

to an administrative agency. It
can performa executive,
quasi-judicial powers, and
quasi-legislative or rule
making powers.

Quasi Judicial Powers


1. Exercise original
exclusive jurisdiction over al
contests relating to election,
returns, and qualifications of
all elective regional,
provincial, and city ocials
2. Appellate jurisdiction
over all contests involving
elective municipal ocials
decided by the trial courts of
general jurisdiction

3. Appellate jurisdiction
over elective barangay
ocials decided by trial
courts of limited jurisdiction

Decisions, final
orders, and rulings of
the Comelec on
contests involving
elective municipal
and barangay
ocers shall be
final, executory, and
not appealable.

In its appellate
jurisdiction, the
Comelec has
jurisdiction to issue
writs of Certiorari,
Mandamus, Quo
Warranto, and
Habeas Corpus. In
this case their
jurisdiction is
concurrent with the
SC.

instrumentalities) and
Government-owned or
controlled corporations with
original charters

2. Post-Audit Basis:
1. Constitutional
bodies, commissions
and oces that have
been granted fiscal
autonomy under this
Constitution

2. Autonomous state
colleges and
univeersities

3. Other governmentowned or controlled


corporations or their
subsidiaries

4. 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)

3. Adopt measures,
including temporary or
special pre-audit as are
necessary and appropriate to
correct the deficiencies.
Where the internal
control system of the
audited agencies is
inadequate.

4. 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

5. Exclusive authority,
subject to the limitations of
this article, to define the
scope of its audit and
examination, establish the
techniques and methods
required therefor, 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.

Art. 9B, Sec. 2: The Civil


Service embraces all
branches, subdivisions,
instrumentalities, and
agencies of the Government,
including government-owned
or controlled corporations
with original charters.

Corporation with
original charters
means that they were
created by a special
law and not through
the general
corporation law.

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Other Administrative
Powers
1. Decide, except those
involving the right to vote, all
questions aecting
elections, including
determination of the number
and location of polling
places, appointment of
election ocials and
inspectors and registration of
votes.

2. 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

3. Register, after sucient


publication, political parties,
organizations, or coalitions
which, in addition to other

OMBUDSMAN
responsibilities, and to
examine, if necessary,
pertinent records and
documents.

6. Publicize matters
covered by its investigation
when circumstances so
warrant and with due
prudence

7. Determine the causes of


ineciency, red tape,
mismanagement, fraud,
and corruption in the
Government, and make
recommendations for their
elimination and the
observance of high
standards of ethics and
eciency.

8. Promulgate its Rules of


Procedure and exercise
such other powers or
perform such functions or
duties as may be provided
by law
Ombudsman vs Rodriguez
(2010): Primary jurisdiction to
investigate any act or
omission of a public ocer or
employees applies only in
cases cognizable by the
Sandiganbayan. In cases
cognizable by regular courts,
Ombudsman has concurrent
jurisdiction with the other
investigative agencies of
Government.

RA 6670,Ombudsman Act
of 1989, Jurisprudence:
Ombudsman has power to:

1. Conduct preliminary
investigations and to
prosecute

2. Delegate the power to


investigate to others who
have the power to investigate
and take it back any time he
wants to.

3. Power to impose
preventive suspension

Only until 90 days

4. Impose direct
administrative penalties in
administrative cases

5. Disciplinary authority over


all elective and appointive
ocials of the Government,
except impeachable ocers,
members of Congress, and
the Judiciary

But it has no power


to remove

Constitutional Law 1
CIVIL SERVICE
COMMISSION (CSC)

COMMISSION ON
ELECTIONS
(COMELEC)
which,
in addition
to other

requirements, must present


their platform or program of
government; and accredit
citizens arms of the
Comelec.

4. File, upon a verified


complaint, or on its own
initiative, petitions in Court
for inclusion or exclusion of
voters; investigate and
prosecute cases of
violations of election laws,
including acts or omissions
constituting election frauds,
oenses and malpractices.

Authority to
investigate and
prosecute cases of
election laws is
exclusive to Comelec

Art. 9C, Sec. 4: Comelec


may, during 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 (Its subdivisions,
agencies, or instrumentalities)
and Government-owned or
controlled corporations or
their subsidiaries

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

Clarence Tiu, Ateneo Law 1-B, Batch 2017

COMMISSION ON AUDIT
(COA)

OMBUDSMAN

Summarized version of Art.


9D, Sec. 2:
Powers and functions of
COA:

1. To examine and audit all


forms of government
revenues

2. To examine and audit all


forms of government
expenditures

3. Settle government
accounts

4. To define the scope and


techniques for its own
auditing procedures
Exclusive

5. To promulgate
accounting and auditing
rules including those for the
prevention and disallowance
of irregular, unnecessary,
excessive, extravagant, or
unconscionable expenditures

6. To decide administrative
cases involving expenditure
of public funds

Art. 11, Sec. 14: The oce of


the Ombudsman shall enjoy
Fiscal Autonomy. Its
approved annual
appropriations shall be
automatically and regularly
released.

DBP vs COA (1994): In cases


where pre-audit is allowed
and pre-audit is already
performed, the COA is not
estopped form making a
post-audit.

DBP vs COA (2002) Auditing


power of COA is nonexclusive, private auditors
may still be hired but in case
of conflict, COAs findings
and conclusions necessarily
prevail over those of private
auditors.

Art. 9D, Sec. 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 COA.

Constitutional Law 1
CIVIL SERVICE
COMMISSION (CSC)
Composition Art. 9B, Sec. 1: The Civil
Service shall be administered
and
Appointment by the Civil Service
Commission composed of a
Chairman and 2
Commissioners. They shall
be appointed by the President
with the consent of the
Commission on
Appointments.

COMMISSION ON
ELECTIONS (COMELEC)
Art. 9C, Sec. 1: There shall
be a Commission on
Elections composed of a
Chairman and 6
Commissioners appointed
by the President with the
consent of the Commission
on Appointments.

COMMISSION ON AUDIT
(COA)
Art. 9D, Sec. 1: There shall
be a Commission on Audit
composed of a Chairman
and 2 Commissioners
appointed by the President
with the consent of the
Commission on
Appointments.

Art. 9B, Sec. 2:


Competitive positions
Appointments made only
according to merit and
fitness to be determined as
far as practicable, by
competitive examination

Non-competitive positions

Positions which by their


nature are policy-determining,
primarily confidential or highly
technical as determined by
the nature of the functions
attached to it. Appointing
authority has discretion on
who to appoint.

OMBUDSMAN
Art. 11, Sec. 5: There is
hereby creted the
independent oce of the
Ombudsman, composed of:

1. Ombudsman (Known as
Tanodbayan)

2. Over-all Deputy

3. At least 1 deputy for


Luzon, Visayas and
Mindanao

4. A separate deputy for the


military establishment may
likewise be appointed

Art. 11, Sec. 9: The


Ombudsman and his
deputies shall be appointed
by the President from a list
of at least 6 nominees
prepared by the Judicial and
Bar Council, and from a list
of 3 nominees for every
vacancy thereafter. Such
appointments require no
confirmation. All vacancies
shall be filled within 3
months/90 days after they
occur.

Art. 11, Sec. 10: The


Ombudsman and his
deputies shall have the rank
of Chairman and Members
(Commissioners) of the
Constitutional Commissions.

Qualification
s

Art. 9B, Sec. 1: Qualifications


of members of the CSC:

1. Natural-born citizens of the


Philippines
2. At least 35 years of age at
the time of their appointment

3. Proven capacity for public


administration

4. Must not have been


candidate for any elective
position in the elections
immediately preceding their
appointment

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Art. 9C, Sec. 1:


Qualifications of the
members of Comelec

1. Natural-born citizens of the


Philippines

2. At least 35 years of age at


the time of appointment

3. Holders of college degree

4. Must not have been


candidate for any elective
position in the elections
immediately preceding their
appointment

5. Majority of thereof,
including its chairman
(Chairman and 3
commissioners) should be
members of the Philippine
bar and engaged in the
practice of law for at least
10 years

Art. 9D, Sec. 1: Qualifications


of the members of COA:

1. Natural-born citizens of the


Philippines

2. At least 35 years of age at


the time of appointment

3. Must not have been


candidate for any elective
position in the elections
immediately preceding their
appointment

4. Certified Public
Accountants (CPA) or
members of the Philippine
Bar who have been engaged
in the practice of law for at
least 10 years
At no time shall all
members of the
Commission belong
to the same
profession

Art. 11, Sec. 8: The


Ombudsman and his
Deputies shall be:

1. Natural- born citizens of


the Philippines
2. At least 40 years old at the
time of appointment

3. Recognized probity and


independence

4. Members of the Philippine


Bar

5. Must not have been


candidate for any elective
position in the elections
immediately preceding their
appointment

Extra qualification for the


Ombudsman:
Must have 10 years or
more been a judge or
engaged in the practice of
law in the Philippines

Constitutional Law 1

Term

CIVIL SERVICE
COMMISSION (CSC)

COMMISSION ON
ELECTIONS (COMELEC)

COMMISSION ON AUDIT
(COA)

Art. 9B, Sec. 1: Chairman and


Commissioners shall have a
term of 7 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

Prohibition on
reappointment applies
even if the Commissioner
has served for less than 7
years.

Staggered terms: Of those


first appointed, the chairman
shall hold oce for 7 years, 1
commissioner for 5 years and
the other for 3 years without
reappointment.

Art. 9C, Sec. 1: Chairman


and Commissioners shall
have a term of 7 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.

Prohibition on
reappointment applies
even if the Commissioner
has served for less than 7
years.

Staggered terms: Of those


first appointed, the 3
members shall hold oce for
7 years, 2 members for 5
years and the last member
for 3 years without
reappointment.

Art. 9D, Sec. 1: Chairman


and Commissioners shall
have a term of 7 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

Prohibition on
reappointment applies
even if the Commissioner
has served for less than 7
years.

Staggered terms: Of those


first appointed, the chairman
shall hold oce for 7 years, 1
commissioner for 5 years and
the other for 3 years without
reappointment.

Gaminde vs Commission on Audit (2000): 2 requisites for the staggered rotational system:

1. Appointment to vacancy is only for the unexpired term

2. Starting point of term for all appointments is Feb. 2 of the respective year as Feb. 2, 1987
was the date the Constitution took eect.

This applies to any law providing for a staggering of appointees

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

1. Those who have served a full 7 years, meaning those who served a commissioner for 5
years can only serve as chairman, if appointed, for 2 years; or has served for 7 years
regardless of regular appointment or ad-interim appoint, such cannot be reappointed.

2. Those who are appointed and confirmed by CA even if they have served for less than 7
years, if they are appointed to the unexpired term, they cannot be reappointed again

Ad-interim appointments, meaning they are permanent appointments made by the


President when Congress is not in session which are not confirmed by CA, if
bypassed by the CA can be reappointed again as ad-interim as long as it is for the
same term, this is not covered by the rule of prohibition of reappointment
Prohibition of reappointment is only of one who has been confirmed by the Commission
on Appointments

Rights/
Privilege

Art. 9B, Sec. 2:


1. No ocer or employee of
the Civil Service shall be
removed or suspended
except for cause provided by
law.

2. The Right to SelfOrganization shall not be


denied to government
employees

3. Temporary employees of
the Government shall be
given such protection as may
be provided by law

Commissioners/Chairman
are removable only through
impeachment

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Commissioners/Chairman are removable only through


impeachment

OMBUDSMAN
Art. 11, Sec. 11: The
Ombudsman and his
Deputies shall serve for a
term of 7 years without
reappointment.

Constitutional Law 1
CIVIL SERVICE
COMMISSION (CSC)

COMMISSION ON
ELECTIONS (COMELEC)

COMMISSION ON AUDIT
(COA)

Disqualificati Art. 9A, Sec. 2: No member of a Constitutional Commission shall, during his tenure:

1. Hold any other oce or employment.

on/
Prohibitions 2. Engage in the practice of any profession or in the active management or control of any
business which in any way may be aected by the functions of his oce

Does not include teaching (Bernas Greenbook)

3. Be financially interested, directly or indirectly, in any contract with, or in any franchise or


privilege granted by the Government (Its subdivisions, agencies, or instrumentalities) and
Government-owned or controlled corporations or their subsidiaries

Art. 9B, Sec. 7: No appointive ocial shall hold any other oce or employment in the
Government or any (Its subdivisions, agencies, or instrumentalities) and Government-owned
or controlled corporations or their subsidiaries

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

Art. 9B, Sec. 8: No elective or appointive public ocer or employee shall receive additional,
double, or indirect compensation, unless specifically authorized by law. Nor accept, without
the consent of the Congress, any present, emolument, oce, or title of any kind from any
foreign government.

Pensions and gratuities are not considered as additional, double, or indirect


compensation
Art. 11, Sec. 16: No loan, guaranty, or other form of financial accommodation for any
business purpose may be granted, directly or indirectly, by any government-owned or
controlled bank or financial institution to the President, the Vice-President, Members of the
Cabinet, Congress, Supreme Court, Constitutional Commissions, and the Ombudsman, or to
any firm or entity in which they have controlling interest during their tenure.
Art. 9B, Sec. 2: No ocers or
employee in the Civil Service
shall engage, directly, or
indirectly, in any
electioneering or partisan
political campaign.

Clarence Tiu, Ateneo Law 1-B, Batch 2017

OMBUDSMAN
Art. 11, Sec. 11:
Ombudsman and his
Deputies shall not be
qualified to run for any oce
in the election immediately
succeeding their cessation
from oce

Art. 9B, Sec. 7: No


appointive ocial shall hold
any other oce or
employment in the
Government or any (Its
subdivisions, agencies, or
instrumentalities) and
Government-owned or
controlled corporations or
their subsidiaries

Unless allowed by
law or by the primary
functions of his
oce.

Art. 9B, Sec. 8: No elective


or appointive public ocer or
employee shall receive
additional, double, or indirect
compensation, unless
specifically authorized by
law. Nor accept, without the
consent of the Congress, any
present, emolument, oce,
or title of any kind from any
foreign government.

Pensions and
gratuities are not
considered as
additional, double, or
indirect
compensation

Art. 11, Sec. 8: During the


tenure of the Ombudsman
and his Deputies, they shall
be subject to the same
disqualifictions and
prohibitions as provided for
in Art. 9A, Sec. 2.

Art. 9A, Sec. 2: No member


of a Constitutional
Commission shall, during his
tenure:

1. Hold any other oce or


employment.

2. Engage in the practice of


any profession or in the
active management or
control of any business
which in any way may be
aected by the functions of
his oce

Does not include


teaching (Bernas
Greenbook)

Constitutional Law 1
CIVIL SERVICE
COMMISSION (CSC)

COMMISSION ON
ELECTIONS (COMELEC)

COMMISSION ON AUDIT
(COA)

OMBUDSMAN
Greenbook)

3. Be financially interested,
directly or indirectly, in any
contract with, or in any
franchise or privilege granted
by the Government (Its
subdivisions, agencies, or
instrumentalities) and
Government-owned or
controlled corporations or
their subsidiaries

Art. 11, Sec. 16: No loan,


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

Salaries

Art. 9A, Sec. 3: The salary of the chairman and the commissioners shall be fixed by law and
shall not be decreased during their tenure

Procedural

Art. 9A, Sec. 7: Each Commission shall decide by a majority vote of all its members in any
case or matter brought before it within 60 days/2 months from the date of its submission for
decision or resolution.

A case or matter is deemed submitted for decision or resolution upon the filing of
the last pleading, brief, memorandum, required by the rules of the commission.

Unless otherwise provided by this Constitution or by law, any decision, order, or


ruling of each Commission may be brought to the Supreme Court on Certiorari by the
aggrieved party within 30 days from receipt of a copy thereof.

Certiorari jurisdiction of the SC is limited to decisions rendered in actions or


proceedings taken cognizance by the Commission in the exercise of its
adjudicatory or quasi-judicial powers

Reyes vs RTC (1995) A case may be brought to the Supreme Court only
after its reconsideration.

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Art. 11, Sec. 10:


Ombudsman and his
deputies, shall receive the
same salary as the Chairman
and Members of the
Constitutional Commissions,
which shall not be decreased
during their term of oce

Constitutional Law 1
CIVIL SERVICE
COMMISSION (CSC)

COMMISSION ON
ELECTIONS (COMELEC)
Art. 9C: The Comelec may sit
en banc or in 2 divisions. All
election cases shall be heard
and decided in division,
provided that motion for
reconsideration of decisions
shall be decided by the
Commission en banc.

Only in the exercise


of adjudicatory/
quasi-judicial
powers, is the
Comelec mandated
to hear cases by
division first.

Baytan vs Comelec (2003):


Administrative powers may
be exercised by division or en
banc.
Salazar vs Comelec (1990):
A decision en banc is
required only when the
subject for reconsideration is
a decision, that is a resolution
of substantive issues.

Soller vs Comelec (2000):


Comelec en banc has no
jurisdiction to decide election
cases in the first instance,
such decision will be void.
Comelec division must
decide it first.

Clarence Tiu, Ateneo Law 1-B, Batch 2017

COMMISSION ON AUDIT
(COA)

OMBUDSMAN

Constitutional Law 1

Constitutional Bodies

Functions

Senate Electoral Tribunal


(SET)/ House Electoral
Tribunal (HRET)

Commission on
Appointments (CA)

Presidential Electoral
Tribunal (PET)

Judicial and Bar Council


(JBC)

Art. 6, Sec. 17: Sole judge of


all contests relating to the
election, returns and
qualifications of their
respective members.

Art. 6, Sec. 18: Act on all


appointments submitted to it,
within 30 session days of the
Congress from their
submission.

Reyes vs Comelec (2013):


Once a winning candidate
has been validly
proclaimed, taken his oath
in open session, and
assumed oce, Comelecs
jurisdiction over electoral
contests relation to election,
returns, and qualifications
ends, and the Electoral
Tribunals jurisdiction begins.

Oath must be made


before open session

Assumption of
oce begins on noon
of June 30 following
the election.

Comelec handles
pre-proclamation
controversies

Art. 6, Sec. 19: Commission


on Appointments shall meet
only when Congress is in
session at the call of its
chairman, or a majority of all
its members to discharge
such powers and functions
as are herein conferred upon
it.

Art. 7, Sec. 4: Supreme


Court en banc shall be the
sole judge of all contests
relating to the election,
returns, and qualifications of
the President or VicePresident.

Art. 8, Sec. 8: Council shall


have the principal function of
recommending appointees to
the Judiciary. It may exercise
such other functions and
duties as the Supreme Court
may assign to it.

Art. 7: Sec. 16: Function of


the Commission on
Appointments is to consent
to or confirm nominations or
appointments submitted to it
by the President. It is an
administrative check on the
appointing authority of the
President.

Independent constitutional
creation, exercises purely
executive powers

Angara vs Electoral
Commission (1936): There
must be an election contest
filed by the respective person
who lost against the member
of Congress. Absence of
such election contest, the
Electoral Tribunals are
without jurisdiction.

Independent constitutional
creation, exercises quasijudicial powers

Composition Art. 6, Sec. 17: Each Tribunal


is composed of 9 members:
1. 3 Justices of the
Supreme Court designated
by the Chief Justice

2. 6 shall be members of
the Senate or HR, as the
case may be. (Senators for
SET and members of the HR
for HRET)

Such Senators or
members of the HR
shall be chosen on
the basis of
proportional
representation from
the political parties
they represent.

Art. 6, Sec. 18: Composed of Justices of the Supreme


25 members:

Court
1. Senate President (Exocio chairman)

2. 12 Senators

3. 12 Members of HR
Elected by each
house on the basis of
proportional
representation from
the political parties
they represent

Chairman shall not


vote except in case
of a tie

Rule by majority
vote of all the
members

Clarence Tiu, Ateneo Law 1-B, Batch 2017

Art. 8, Sec. 8: Judicial and


Bar Council is hereby created
under the supervision of the
Supreme Court composed of
7 members:

Ex-ocio members
1. Chief Justice as ex-ocio
chairman

2. Secretary of Justice

3. Representative of
Congress

Regular members
4. Representative of the
Integrated Bar

5. Professor of Law

6. Retired member of the


Supreme Court

7. Representative of the
Private Sector

Constitutional Law 1
Senate Electoral Tribunal
(SET)/ House Electoral
Tribunal (HRET)

Term

Commission on
Appointments (CA)

Presidential Electoral
Tribunal (PET)

Judicial and Bar Council


(JBC)
Private Sector

Chairman will be the Art. 6, Sec. 19: Electoral


most senior justice.

Tribunals and Commission on


Appointments shall be
Art. 6, Sec. 19: Electoral
constituted within 30 days
Tribunals and Commission on after the Senate and the HR
shall have been organized
Appointments shall be
with the election of its
constituted within 30 days
President and Speaker

after the Senate and the HR


shall have been organized
Guingona, Jr. vs Gonzales:
with the election of its
Full membership of 12 for
President and Speaker
each house is not mandatory

Regular members of the


JBC shall be appointed by
the President with the
consent of the Commission
on Appointments

Clerk of the SC shall be the


secretary ex-ocio of the
council and shall keep a
record of its proceedings.

N/A

Art. 8, Sec. 8: Regular


members have a term of 4
years

Chavez vs JBC (2012): SC


ruled that representative
from Congress meant only 1
person from both the Senate
and HR can be an ex-ocio
member of the JBC. Hence
the practice of having one
representative from the
Senate and HR is
unconstitutional whether they
have 1 or 1/2 vote each.

Staggered terms: Of regular


members first appointed, the
representative of the
Integrated Bar shall serve 4
years, professor of law for 3
years, retired SC justice for 2
years, and representative of
the private sector for 1 year.

Clarence Tiu, Ateneo Law 1-B, Batch 2017