Constitutional Law 1

Branches of Government

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Functions/ Art. 6, Sec. 21: Senate or the HR or any of its respective Art. 6, Sec. 27: Veto power of the Art. 7, Sec. 18: Review upon
Powers committees, conduct inquiries in aid of legislation, in President on bills passed by Congress. filing of petition by any
accordance with its duly published rules of procedure. Rights President also has item-veto power citizen, the validity of
of persons appearing or will be aected by such inquiry shall on Appropriations, Revenue, or Tari suspension of the privilege of
be respected.
bills.
the Writ of Habeas Corpus or
the proclamation of Martial
Art. 6, Sec. 22: Oversight function of Congress to ensure Gonzales vs Macaraig (1990):
Law. It must promulgate its
that the laws it is passing are being implemented by the Principle on inappropriate provisions decision within 30 days from
executive. Heads of the departments, at their own initiative also says that a provision that is its filing.

with the consent of the President, or upon the request of constitutionally inappropriate for an
either House, shall appear before and be heard by the House Appropriation bill may be singled out Art. 8, Sec. 1: Judicial power
on any matter pertaining to the departments.
for veto even if it is not an shall be vested in one
appropriation or revenue item; meaning Supreme Court and in such
Art. 6, Sec. 23: In times of war or other national emergency the President may veto provisions that lower courts as may be
Congress may, by law, authorize the President, to are riders in an appropriations bill.
established by law.

exercise powers necessary and proper to carry out a Art. 6, Sec. 25(2): No Judicial power includes:

declared national policy (Subject to restrictions it may provision/enactment shall be 1. The duty of the Courts of
prescribe). Such powers shall cease upon the next embraced in the general Justice to settle actual
adjournment of Congress, but it can be withdrawn, by appropriations bill unless it controversies involving
resolution, by Congress as well.
relates specifically to some rights which are legally
Congress may delegate legislative powers to the particular appropriation demandable and enforceable,

President under this provision subject to its therein. Any such provision/ 2. Determine whether or not
conditions.
enactment shall be limited in there has been a grave
This is an exception to the general rule of non- its operation to the abuse of discretion
delegability of legislative power appropriation to which it amounting to lack or excess
relates.
of jurisdiction on the part of
Art. 6, Sec. 28: any branch or instrumentality
1. Congress may, by law, authorize the President to fin within Executive Power of the Government.

specified limits, and subject to such limitations and Art. 7, Sec. 1: Executive power is
restrictions as it may impose, tari rates, import and export vested in the President of the Irreducible Judicial Powers
quotas, tonnage and wharfage dues, and other duties or Philippines
Art. 8, Sec. 5:

imposts within the framework of the national development Marcos vs Manglapus (1989): 1. Exercise original
program of the Government
Tradition recognizes that the powers of jurisdiction over cases
This is an exception to the general rule of non- the President are more than the sum of aecting ambassadors, other
delegability of legislative power
enumerated executive powers. He public ministers and consuls,
2. Congress may by law grant tax exemptions by majority possesses residual powers meaning and over petitions for
vote but such must be for public purposes.
those powers inherent inn government certiorari, prohibition,
that are not legislative nor judicial is manadamus, quo warranto,
Art. 6, Sec. 29: Power to appropriate, by law
executive.
habeas corpus

2. Review, revise, reverse,

Art. 7, Sec. 16: Congress may, by law, vest the appointment Appointing Power modify, or arm on appeal or
of other ocers lower in rank in the President alone, in the Art. 7, Sec. 16: President shall on certiorari as the law or
courts on in the heads of departments, agencies, nominate and, with the consent of the rules of court may provide,
commissions or boards.
Commission of Appointments, appoint:
final judgments and orders of
Rufino vs Edriga (2006): When authority is given to 1. Heads of the executive departments
lower courts in:

head of collegial bodies, it is to the chairman that 2. Ambassadors, other public ministers 1. All cases in which
authority is given and not to the body. But he can and Consuls
the constitutionality
only appoint ocers lower in rank and not ocers 3. Ocers of the AFP from the rank of or validity of any
equal in rank to him, thus he cannot appoint a fellow Colonel or Naval Captain
treaty, international or
member of a Board.
4. Other ocers whose appointments executive agreement,
are vested in
law, presidential
Art. 7, Sec. 21: No treaty or international agreement shall decree, proclamation,
be valid and eective unless concurred in by at least 2/3 of him in this Constitution (Regular order, instruction,
all the members of the Senate. members of JBC, members of the ordinance, or
Constitutional Commissions
regulation is in
Art. 8, Sec. 1: Establish, by law, lower courts vested with Calderon vs Carale (1992): question.

judicial power
Congress may not expand the 2. All cases involving
Art. 8, Sec. 2: Congress has the power to define, prescribe, list of appointments needing the legality of any tax,
and apportion the jurisdiction of the various courts but confirmation. List in Art. 7, impost, assessment,
may not deprive the Supreme Court of its jurisdiction over Sec. 16 is exclusive, It cannot or toll, or any penalty
cases enumerated in Sec. 5 hereof.
be expanded by law.
imposed in relation
President may also appoint, without thereto

Art. 9B, Sec. 5: Congress shall provide for the consent of Commission on 3. All cases in which
standardization of compensation of government ocials Appointments:
the jurisdiction of any
and employees, including those in government-owned or 1.Other ocers of Government whose lower court is an
controlled corporations with original charters, taking into appointments are not otherwise issue

account the nature of responsibilities, pertaining to, and the provided by law
4. All criminal cases
qualifications required for their positions.
2. Those whom he may be authorized in which the penalty
by law to appoint
imposed is reclusion
perpetua or higher.

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2/3 vote of both House, Joint Session assembled, voting President can also make appointments 5. All cases in which
separately: during the recess of Congress, known only an error or
Art. 6, Sec. 23: Sole power to declare the existence of a as Ad Interim appointments, which question of law is
state of war are permanent and be eective until involved.

disapproval by the Commission on

Appointments or until the next Power of Judicial Review
2/3 of both Houses, No requirement of joint assembly, adjournment of Congress.
Power of the Supreme Court
voting separately: to declare a law, treaty,
Art. 6, Sec. 27: Overriding the veto of the President of bills
Art. 7, Sec. 14: Appointments by international or executive
Art. 7, Sec. 11: Determination whether or not the President is acting President remain eective, agreement, presidential
unable to discharge the powers and duties of his oce. If unless revoked by the elected decree, proclamation, order,
Congress decide President is incapable, Vice-President shall President within 90 days from his instruction, ordinance, or
act as President.
assumption/reassumption of oce.
regulation as unconstitutional.

This is applicable only when the majority of the Such power is

cabinets transmits a written declaration to the Senate Power of Control and Supervision merely an aspect of
President and Speaker of the House of the inability of Art. 7, Sec. 17: President shall have judicial power

the President, and the President transmits that is control of all the executive As a rule the Court
capable, then majority of the Cabinet, within 5 days departments, bureaus, and oces. He will not touch the
transmits again the he is incapable.
shall ensure that the laws are faithfully constitutionality of an
executed. issue unless it is
unavoidable or is the
Majority vote of both houses, voting separately Calling out Power very lis mota (Cause
Art. 7, Sec. 4: In case two or more candidates for Presidency/ Art. 7, Sec. 18: President shall be the of action)

Vice-President have equal votes, Congress is required to Commander-in-Chief of the AFP and Requisites:
choose the winning candidate and break the tie.
whenever it becomes necessary, he 1. Actual case
Art. 7, Sec. 9: Confirmation of a nominee for Vice-President may call out such armed forces to calling for the
by the President, in case of vacancy of such oce.
prevent or suppress lawless violence, exercise of judicial
Art. 7, Sec. 19: Concurrence needed to for grant of amnesty
invasion, or rebellion.
power

Case must
Majority vote of both houses, voting jointly Power to suspend the privilege of be ripe for
Art. 7, Sec. 18: Revoke the suspension of the privilege of the the Writ of Habeas Corpus and adjudication

Writ of Habeas Corpus or the proclamation of Martial Law. It Martial law: 2. Person raising the
may also in the same manner, upon the initiative of the Art. 7, Sec. 18: In case of invasion or case must have legal
President, extend such suspension or proclamation in the rebellion, when the public safety so standing
period it determines, if the rebellion or invasion persists and requires
Personal
public safety so requires. and
it, he may for a period not exceeding substantial
60 days, suspend the writ of the interest in the
privilege of habeas corpus or place case such
the Philippines or any part thereof that he has
under Martial Law. sustained or
will sustain,
Executive Clemency direct injury
Art. 7, Sec. 19: Except in cases of as a result of
impeachment, or as otherwise its
provided in this Constitution, the enforcement.

President may grant reprieves, Auxiliary Administrative

commutations, and pardons, and remit Powers
fines and forfeitures after conviction by Art. 8, Sec. 5:
final judgment. He also has the power 1. Assign temporary judges of
to grant amnesty with the concurrence lower courts to other stations
of a majority of all members of as public interest may require.
Congress.
Such temporary assignment
shall not exceed 6 months
Power to Contract or Guarantee without the consent of the
Foreign Loans judge concerned.

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
the Republic of the Philippines with miscarriage of justice

prior concurrence of the Monetary 3. Promulgate rules

Board, and subject to limitations as
may be provided by law.
and enforcement of
Foreign Relations Power
concerning the protection
constitutional rights,
pleading, practice, and

1. Power to negotiate treaties and

international agreements (Art. 7, Sec. procedure in all courts, the
21)
admission to the practice of
2. Power to appoint ambassadors, law, the Integrated Bar, and
ministers, or consuls (Art. 7, Sec. 16)
legal assistance to the

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3. Power to receive ambassadors and underprivileged. Such rules

shall provide a simplified and
other public ministers accredited to the
Philippines
inexpensive procedure for the
4.Power to contract or guarantee speedy disposition of cases
foreign loans (Art. 7, Sec. 20)
shall be uniform for all courts
5. Power to deport aliens
of the same grade, and shall
not diminish, increase, or
President may enter into executive modify substantive rights.
agreements with foreign countries even Rules of procedure for special
without Senate concurrence. courts and quasi-judicial
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.

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

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Composition Art. 6, Sec 2: 24 Senators Art. 6, Sec. 5: Composed of Art. 7, Sec. 1: Executive power is Art. 8, Sec. 1: Judicial power
elected at large
not more than 250 members, vested in the President of the shall be vested in one
unless otherwise fixed by law
Philippines
Supreme Court and in such
There is staggering of terms lower courts as may be
because during the 1992 Composed of:
Art. 7, Sec. 3: There shall be a Vice- established by law.

elections, the first 12 1. District representatives

President who may be appointed as a
senators obtained the highest
member of the Cabinet. Such
number of votes shall serve
for 6 years and the remaining
Justice and 14 Associate
12, only for 3 years.
which they are under the
Senatorial elections take
Art. 7, Sec. 4: President and Vice-
place very 3 years, and all are
elected to a term of 6 years.
members.
2. Party-list representatives
Art. 8, Sec. 4: Supreme Court
3. Sectoral representatives appointment requires no confirmation shall be composed of a Chief
(Existed until 1998, after by the Commission on Appointments.
Justices. It may sit en banc
party-list system)
or it ints discretion, in
President shall be elected by direct divisions of 3, 5 or 7
Art. 6, Sec. 5(2): Party-list vote of the people.

representatives shall
constitute 20% of the total
number of Representatives,
including those under the
party-list.
meet regularly with the President. They the President from a list of at
Banat vs Comelec (2009):
20% share of the House of
Representatives by the party-
Cabinet is itself an institution extra-
constitutionally created which essential
consists of heads of departments who
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,
Art. 8, Sec. 9: Members of
the SC and judges of lower
courts shall be appointed by
least 3 nominees prepared by
the JBC for every vacancy.
Such appointments need no
confirmation.

list representatives is remains the the chief of administration.

mandatory. The 2% of the Cabinet members serve at the behest
total number of votes cast for of the President
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.

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Qualifications Art. 6, Sec. 3: Art. 6, Sec. 6: Qualifications Art. 7, Sec. 2: Qualifications of the Art. 8, Sec. 7:
1. Natural-born citizen of the of district representatives
President: Qualifications of members
Philippines
1. Natural-born citizen of the 1. Natural-born citizen of the of the Supreme Court:
2. At least 35 years of age on Philippines
Philippines
1. Natural-born citizens of the
the day of election
2. At least 25 years of age on 2. At least 40 years of age on the day Philippines
3. Able to read and write
the day of elections
of elections
2. At least 40 years of age

4. Registered voter
3. Able to read and write
3. Able to read and write
3. Must have been for 15
5. Resident of the Philippines 4. Registered voter in the 4. Registered voter
years or more a judge of a
for not less than 2 years district in which he shall be 5. Resident of the Philippines for at lower court or engaged in the
immediately preceding the elected
least 10 years immediately preceding practice of law in the
day of elections 5. Resident of the district in such election.
Philippines

which he shall be elected for 4. Proven competence,

not less than 1 year Art. 7, Sec. 3: Qualifications, term, integrity, probity, and
immediately preceding the manner of removal of Vice-President is independence

day of elections
same as the President. Qualifications of members
of the Collegiate Courts
RA 7941, Sec. 9: (Court of Appeals, Court of
Qualifications of Party-list Tax Appeals,
Representatives:
Sandiganbayan):
1. Natural-born citizen of the 1. Natural-born citizen of the
Philippines
Phiippines

2. At least 25 years of age on 2. Member of the Philippine

the day of elections
Bar

3. Able to read and write

3. Other qualifications
4. Registered voter
prescribed by Congress

5. Resident of the Philippines 4. Proven competence,

for not less than 1 year integrity, probity, and
immediately preceding the independence

day of election
Qualifications of judges of
6. A bona fide member of the single-member courts/ non-
party or organization which collegiate courts:
he seeks to represent for at 1. Philippine citizens (Either
least 90 days preceding the Natural-born or naturalized)

day of election
2. Member of the Philippine
Bar

For nominees of the youth 3. Other qualifications

sector: prescribed by Congress

1. Must be at least 25, but not 4. Proven competence,

more than 30 on the day of integrity, probity, and
election
independence

Atong Paglaum vs Comelec

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

National, regional and

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

This is contrary to the decision in

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

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Term Art. 6, Sec. 4: 6 years, Art. 6, Sec. 7: 3 years, Art. 7, Sec. 4: Art. 8, Sec. 11: Members of
commencing at noon on commencing at noon on June 1. President and Vice-President has a the SC and judges of the
June 30, next following their 30, next following their term of 6 years which shall begin on lower courts shall hold oce
election, unless provided by election, unless provided by noon on June 30, next following their during good behavior until
law. law election.
they reach the age of 70
years or become
incapacitated to discharge
the duties of their oce.

Limitations on Art. 6, Sec. 4: Senator Art. 6, Sec. 7: Members of Art. 7, Sec. 4: N/A
election cannot serve more than 2 the House of Representatives President:
consecutive terms. cannot serve more than 3 President shall not be eligible for any
consecutive terms. 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.

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

Canvassing of Comelec Art. 7, Sec. 4: Congress, both houses N/A

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

Vacancies Art. 6, Sec. 9: Special election may be held (at the discretion Vacancy of Presidency existing at Art. 8, Sec. 4: Any vacancy in
of Congress) to fill the vacancy in the manner prescribed by the beginning of the term the Supreme Court must be
law. Senator/Member of HR elected shall serve for only the filled within 90 days from
unexpired term
Art. 7, Sec. 7: the occurrence thereof.

Service of the unexpired term will be counted as 1 Vice-President-Elect will act as De Castro vs JBC
term for the purposes of counting the number of President: (2010): Appointments
allowable successive terms.
1. If the President-elect fails to qualify, to the Supreme Court
Special election is discretionary not mandatory
until the President-elect shall have are not covered by
qualified
the appointments ban
RA 6645: 2. If a President shall not have been on the President.

Sec. 1: In case vacancy arises in the Senate at least 18 chosen, until a President shall have
months or in the HR at least 1 year before the next regular been chosen and qualified.
Art. 8, Sec. 9: For the lower
election for Members of Congress, the Comelec, upon courts, the President shall
receipt of resolution of the Senate or HR, as the case may be, Vice-President-Elect becomes issue the appointments within
certifying to the existence of such vacancy and calling for a President: 90 days from the
special election, shall hold a special election to fill such 1. If at the beginning of the term of the submission of the list.
vacancy.
President, the President-elect dies or
If Congress is in recess, the Senate President or shall have become permanently
Speaker of the House, as the case may be, may disabled.

ocial communicate and call for the special election

Senate President or in case of his

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

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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.

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Privilege Art. 6, Sec. 11:
Immunity from suits
1. Privilege from Arrest: Senators and Members of the
House of Representatives are privileged from arrest
provided:
tenure. (Must be impeached first)
Oenses are punishable by not more than 6 years
imprisonment (Only 6 years or less is covered)
has privilege of immunity from all suits
Congress is in session.
for ocial acts within the exercise of
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
Clinton vs Jones (1997) (US Case):
People vs Jalosjos (2000): Senator or Member of HR who
has been convicted does not enjoy immunity from arrest.
before his term.
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
privilege is the power of the President
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.
President with sucient grounds for
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
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EXECUTIVE JUDICIARY
Members of the SC are
Jurisprudence: President is immune immune from all suit, they
from all suits for all acts during his cannot be prosecuted. They
must first be impeached by
Soliven vs Makasiar (1988): President Congress.
his oce even after his tenure. Such
executive privilege can only be invoked
by the President himself. President
may also waive the privilege.
Sitting President is not immune from
suits for unocial acts committed
Executive Privileges
Senate vs Ermita (2006): Executive
to withhold certain types of
information, from the Courts, the
Congress, and ultimately the public. It
can only be claimed and given by the
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 inter-
government 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.
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Disqualificatio Art. 6, Sec. 13: Art. 7, Sec. 6: President and Vice- Members of the Judiciary can
n/ 1. No member of Congress may hold another oce or President during their tenure, cannot only perform judicial
Prohibitions employment in the Government (Its subdivisions, agencies, or receive any other emolument from the functions

instrumentalities) and Government-owned or controlled government or any other source

corporations or their subsidiaries during his term without Vistan vs Nicolas (1991):
forfeiting his seat. Art. 7, Sec. 13: President, Vice- Incumbent judge cannot
Prohibition is only during his tenure, he may still President, Members of the Cabinet, present himself as a
accept appointments provided that he will and their deputies and assistants congressional candidate.
automatically forfeit his seat in Congress.
cannot:
Such would constitute
1. Hold any other oce or improper conduct.
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, Art. 8, Sec. 12: Members of
increased during the term for which he was elected
directly or indirectly practice any the SC and of other courts
Prohibition is during his term, even if he resigns, he other profession, participate in any established shall not be
cannot be appointed to oces created during his business, or be financially interested designated to any agency
term
in any contract with, or in any performing quasi-judicial or
franchise, or special privilege administrative functions.

granted by the Government (Its

RA 9006/ Fair Election Act/ Farinas vs Exec. Secretary: subdivisions, agencies, or Art. 9B, Sec. 7: No
When an elective ocial runs for another oce other than the instrumentalities) and Government- appointive ocial shall hold
one he is currently holding, he is no longer ipso facto resigned owned or controlled corporations or any other oce or
their subsidiaries
employment in the
Art. 6, Sec. 14: 3. They shall strictly avoid conflict of Government or any (Its
3. No member of Congress may personally appear as interests in the conduct of their oce.
subdivisions, agencies, or
counsel before any court of justice, electoral tribunals, quasi- instrumentalities) and
judicial or administrative bodies
Exception: If the position other than Government-owned or
4. He cannot be directly or indirectly be interested their primary position is expressly controlled corporations or
financially in any contact, franchise, or special privilege authorized by the Constitution, in their their subsidiaries

granted by the Government (Its subdivisions, agencies, or ex-ocio (by virtue of oce) capacity Unless allowed by
instrumentalities) and Government-owned or controlled or those additional functions that are law or by the primary
corporations or their subsidiaries during his term intimately related to their primary oce functions of his oce

5. He shall not intervene in any matter before any oce of the which do not constitute a new
government for his pecuniary benefit or where he may be appointment.
Art. 9B, Sec. 8: No elective
called upon to act on account of his oce
or appointive public ocer or
Funa vs Agra (2013): Includes employee shall receive
Art. 9B, Sec. 7: No elective ocial shall be eligible for appointments in acting capacity/ additional, double, or indirect
appointment or designation in any capacity to any public temporary appointments.
compensation, unless
oce or position during his tenure specifically authorized by law.
Spouses and relatives by Nor accept, without the
Art. 9B, Sec. 8: No elective or appointive public ocer or consanguinity or anity within the consent of the Congress, any
employee shall receive additional, double, or indirect 4th civil degree of the President shall present, emolument, oce, or
compensation, unless specifically authorized by law. Nor not be appointed as members of the:
title of any kind from any
accept, without the consent of the Congress, any present, 1. Constitutional Commissions
foreign government.

emolument, oce, or title of any kind from any foreign 2. Oce of the Ombudsman
Pensions and
government.
3. Secretaries, Undersecretaries, gratuities are not
Pensions and gratuities are not considered as Chairman, Heads of Bureaus or considered as
additional, double, or indirect compensation
Oces, including government-owned additional, double, or
or controlled corporations or their indirect
Art. 11, Sec. 16: No loan, guaranty, or other form of financial subsidiaries.
compensation

accommodation for any business purpose may be granted, If such relatives are already in
directly or indirectly, by any government-owned or controlled oce when a President Art. 11, Sec. 16: No loan,
bank or financial institution to the President, the Vice- assumes oce, the relatives guaranty, or other form of
President, Members of the Cabinet, Congress, Supreme are not ousted from their financial accommodation for
Court, Constitutional Commissions, and the Ombudsman, or positions. What is prohibited is any business purpose may be
to any firm or entity in which they have controlling interest appointment or re- granted, directly or indirectly,
during their tenure. appointment.
by any government-owned or

Art. 7, Sec. 15: President/Acting controlled bank or financial

President cannot make appointments institution to the President,
during the 2 months immediately the Vice-President, Members
preceding the next presidential of the Cabinet, Congress,
elections and up to the end of his term
Supreme Court,
Except: Vacancies to Constitutional Commissions,
executive positions where the and the Ombudsman, or to
continued vacancy will any firm or entity in which
prejudice public service or they have controlling interest
endanger public safety
during their tenure.
De Castro vs JBC (2010):
Appointments to the Supreme
Court are not covered by the
appointments ban.

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 Constitutional Law 1

SENATE HOUSE OF EXECUTIVE JUDICIARY

REPRESENTATIVES

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 Art. 7, Sec. 6: Salaries of the President Art. 8, Sec. 10: The Salary of
HR shall be determined by law.
and VP are determined by law
the Chief Justice, and of the
No increase in said compensation shall take eect Salaries shall not be Associate Justices of the
until after the expiration of the full term of all the decreased during their tenure.
Supreme Court, and of
members of the Senate and HR approving such No increase in said judges of lower courts shall
increase
compensation shall take eect be fixed by law
No provision about decrease until after the expiration of the During their
term of the incumbent during continuance in oce,
which such increase was their salary shall not
approved. be decreased.

No provision about
increase

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

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 Constitutional Law 1

Constitutional Commissions/Ombudsman

CIVIL SERVICE COMMISSION ON COMMISSION ON AUDIT OMBUDSMAN

COMMISSION (CSC) ELECTIONS (COMELEC) (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 Peoples champion against
records kept and to determine graft and corruption in the
whether expenditures have Government
been made in conformity with
law and to take corrective
action when necessary.

Function Art. 9A, Sec. 1: The Constitutional Commissions, which shall be independent, are the Civil Art. 11, Sec. 13: The
and Powers Service Commission, the Commission on Elections, and the Commission on Audit
Ombudsman shall have the
1. Civil Service Commission- Personnel oce of the Government
following powers, functions
2. Commission on Elections- Charged with the administration of the all important electoral and duties:

process
1. Investigate on its own, or
3. Commission on Audit- Auditing oce
on complaint by any person,
any act or omission of any
Art. 9A, Sec. 4: The Constitutional Commissions shall appoint their ocials and employees in public ocial, employee,
accordance with law oce, or agency, when such
Art. 9A, Sec. 5: The Commission shall enjoy fiscal autonomy. Their approved annual act or omissions appears to
appropriations shall be automatically and regularly released
be illegal, unjust, improper,
Art. 9A, Sec. 6: Each commission en banc may promulgate its own rules concerning or inecient
pleadings and practice before it or before any of its ofices. Such rules however shall not 2. Direct, upon complaint or
diminish, increase, or modify substantive rights.
at its own instance, any
Aruelo, Jr. vs Court of Appeals (1993): In case of conflict between a rule of public ocial or employee of
procedure promulgated by a Commission and a Rule of Court, Rule of Commission the Government (Its
shall prevail if the proceeding is before a commission; but if the proceeding is before a subdivisions, agencies, or
Court, Rules of Court shall prevail.
instrumentalities) and
Antonio vs Comelec (1999): If rules promulgated by a Commission are inconsistent Government-owned or
with a statute, statute prevails.
controlled corporations with
Power of SC to disapprove rules of quasi-judicial or administrative bodies (Art. 8, original charter, to perform
Sec. 5) does not apply to the Commissions because they are independent bodies. SC and expedite any act or
may, however, exercise judicial review over them.
duty required by law, or to
Art. 9A, Sec. 8: Each commission shall perform such other functions as may be provided stop, prevent, and correct
by law. any abuse or impropriety in
the performance of duties.

Art. 9B, Sec. 3: The Civil
Service Commission, as the
central personnel agency of
the Government, shall:
powers and functions:
accounts of the Congress
1. Establish a career service
and shall publish annually an
2. Adopt measures to
promote morale, eciency,
integrity, responsiveness,
progressiveness, and
compliance therewith.
Art. 9C, Sec. 2: The
Commission on Elections
shall exercise the following
public ocial or employee at
Executive Powers
fault, and recommend his
1. Enforce and administer
all laws and regulations
relative to the conduct of an
election, plebiscite, initiative,
Art. 6, Sec. 20: Commission
on Audit shall audit the
records and books of
itemized list of amounts paid
to and expenses incurred for
each member of the
Congress.
3. Direct the ocer
concerned to take
appropriate action against a
removal, suspension,
demotion, fine, censure, or
prosecution, and ensure

courtesy in the Civil Service

referendum and recall
To check accuracy 4. Direct the ocer
3. Strengthen the merit and and authorization but concerned, in any
rewards system Quasi-Legislative Powers no receipts are appropriate case, and
4. Integrate all human Gallardo vs Tabamo, Jr. needed for the subject to such limitations as
resources development (1993): Comelec may books/records of may be provided by law, to
programs for all levels and promulgate rules and Congress, only furnish it with copies of
ranks
regulations for the certifications.
documents relating to
5. Institutionalize a implementation of election contracts or transactions
management climate laws
Art. 9D, Sec. 2: Commission entered into by his oce
conducive to public Art. 9C, Sec. 3: Comelec en on Audit shall have the power, involving the disbursement
accountability
banc shall promulgate its authority and duty to:
or use of public funds or
6. Submit to the President rules of procedure in order to 1. Examine, audit, and settle properties, and report any
and Congress an annual expedite disposition of all accounts pertaining to the irregularity to the
report on its personnel election cases, including pre- revenue and receipts of, and Commission on Audit for
programs proclamation controversies.
expenditures or uses of funds appropriate action.

Art. 9C, Sec. 4: Power given and property, owned or held 5. Request any government
CSC is an administrative to Comelec to regulate media in trust by, or pertaining to, agency for assistance and
agency. It can only perform is a delegation of rule-making the Government (Its information necessary in the
and be given powers proper
authority
subdivisions, agencies, or
discharge of its

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CIVIL SERVICE
COMMISSION
and be (CSC)
given powers proper
ELECTIONS (COMELEC)
(COA)
to an administrative agency. It
can performa executive,
quasi-judicial powers, and
quasi-legislative or rule
documents.
making powers.
returns, and qualifications of
Art. 9B, Sec. 2: The Civil
Service embraces all
branches, subdivisions,
instrumentalities, and
agencies of the Government,
ineciency, red tape,
including government-owned
2. Autonomous state
or controlled corporations
with original charters.
over elective barangay
Government, and make
Corporation with
original charters
owned or controlled elimination and the
means that they were
created by a special
standards of ethics and
law and not through
the general
corporation law.
are required by law or
omission of a public ocer or
control system of the
2. Delegate the power to
scope of its audit and
extravagant, or
But it has no power
Clarence Tiu, Ateneo Law 1-B, Batch 2017
Constitutional Law 1
COMMISSION ON
authority
Quasi Judicial Powers
1. Exercise original
exclusive jurisdiction over al
contests relating to election,
2. Post-Audit Basis:
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
mismanagement, fraud,
3. Appellate jurisdiction
univeersities
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.
by law
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.
investigative agencies of
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.
wants to.
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
except impeachable ocers,
3. Register, after sucient
publication, political parties,
organizations, or coalitions
which, in addition to other
to remove
COMMISSION ON AUDIT
subdivisions, agencies, or
instrumentalities) and
Government-owned or
controlled corporations with
original charters
6. Publicize matters
1. Constitutional
bodies, commissions
and oces that have
been granted fiscal
autonomy under this
Constitution
colleges and
3. Other government-
corporations or their
subsidiaries
4. Non-governmental
entities receiving
subsidy or equity,
directly or indirectly,
from or through the
Government (Which
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
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
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,
unconscionable expenditures,
or uses of government funds
and properties.
OMBUDSMAN
responsibilities, and to
examine, if necessary,
pertinent records and
covered by its investigation
when circumstances so
warrant and with due
prudence
7. Determine the causes of
and corruption in the
recommendations for their
observance of high
eciency.
8. Promulgate its Rules of
Procedure and exercise
such other powers or
perform such functions or
duties as may be provided
Ombudsman vs Rodriguez
(2010): Primary jurisdiction to
investigate any act or
employees applies only in
cases cognizable by the
Sandiganbayan. In cases
cognizable by regular courts,
Ombudsman has concurrent
jurisdiction with the other
Government.
RA 6670,Ombudsman Act
of 1989, Jurisprudence:
Ombudsman has power to:
1. Conduct preliminary
investigations and to
prosecute
investigate to others who
have the power to investigate
and take it back any time he
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,
members of Congress, and
the Judiciary
 Constitutional Law 1
CIVIL SERVICE COMMISSION ON
COMMISSION (CSC) ELECTIONS
which, (COMELEC)
in addition to other
(COA)
requirements, must present
their platform or program of
government; and accredit
citizens arms of the
approved annual
Comelec.
1. To examine and audit all appropriations shall be
4. File, upon a verified
complaint, or on its own
released.
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.
auditing procedures
Authority to
investigate and
prosecute cases of
election laws is
exclusive to Comelec
prevention and disallowance
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
of conflict, COAs findings
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 OMBUDSMAN
Summarized version of Art. Art. 11, Sec. 14: The oce of
9D, Sec. 2: the Ombudsman shall enjoy
Powers and functions of Fiscal Autonomy. Its
COA:
forms of government automatically and regularly
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
Exclusive
5. To promulgate
accounting and auditing
rules including those for the
of irregular, unnecessary,
excessive, extravagant, or
unconscionable expenditures
6. To decide administrative
cases involving expenditure
of public funds
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 non-
exclusive, private auditors
may still be hired but in case
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.

CIVIL SERVICE
COMMISSION (CSC)
Composition Art. 9B, Sec. 1: The Civil
and Service shall be administered
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.
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.
Qualification Art. 9B, Sec. 1: Qualifications
s of members of the CSC:
Qualifications of the of the members of COA:
Ombudsman and his
1. Natural-born citizens of the
1. Natural-born citizens of the
Philippines
1. Natural- born citizens of
2. At least 35 years of age at
2. At least 35 years of age at
the time of their appointment
2. At least 35 years of age at the time of appointment
2. At least 40 years old at the
3. Proven capacity for public
3. Must not have been time of appointment
administration
3. Holders of college degree
candidate for any elective 3. Recognized probity and
4. Must not have been
candidate for any elective
position in the elections
Bar
immediately preceding their
appointment
Accountants (CPA) or
Clarence Tiu, Ateneo Law 1-B, Batch 2017
Constitutional Law 1
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.
by the President from a list
of at least 6 nominees
Art. 9C, Sec. 1:
members of Comelec
Deputies shall be:
1. Natural-born citizens of the
Philippines
the Philippines
the time of appointment
4. Must not have been
candidate for any elective
position in the elections
immediately preceding their
appointment
candidate for any elective
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
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.
Mindanao
months/90 days after they
Art. 9D, Sec. 1: Qualifications
Philippines
position in the elections
immediately preceding their
appointment
4. Certified Public
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
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
4. A separate deputy for the
military establishment may
likewise be appointed
Art. 11, Sec. 9: The
Ombudsman and his
deputies shall be appointed
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
occur.
Art. 11, Sec. 10: The
Ombudsman and his
deputies shall have the rank
of Chairman and Members
(Commissioners) of the
Constitutional Commissions.
Art. 11, Sec. 8: The
independence
4. Members of the Philippine
5. Must not have been
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

CIVIL SERVICE COMMISSION ON COMMISSION ON AUDIT OMBUDSMAN

COMMISSION (CSC) ELECTIONS (COMELEC) (COA)

Term Art. 9B, Sec. 1: Chairman and Art. 9C, Sec. 1: Chairman Art. 9D, Sec. 1: Chairman Art. 11, Sec. 11: The
Commissioners shall have a and Commissioners shall and Commissioners shall Ombudsman and his
term of 7 years without have a term of 7 years have a term of 7 years Deputies shall serve for a
reappointment. without reappointment. without reappointment. term of 7 years without
Appointment to any Appointment to any Appointment to any reappointment.
vacancy shall be only for vacancy shall be only for vacancy shall be only for
the unexpired term of the the unexpired term of the the unexpired term of the
predecessor. In no case predecessor. In no case predecessor. In no case
shall any member be shall any member be shall any member be
appointed or designated appointed or designated appointed or designated
in a temporary or acting in a temporary or acting in a temporary or acting
capacity
capacity.
capacity

Prohibition on Prohibition on Prohibition on

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

Staggered terms: Of those Staggered terms: Of those 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.
for 3 years without
first appointed, the 3
members shall hold oce for
7 years, 2 members for 5
years and the last member
reappointment.
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/ Art. 9B, Sec. 2: Commissioners/Chairman are removable only through

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

2. The Right to Self-

Organization shall not be
denied to government
employees

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

Commissioners/Chairman
are removable only through
impeachment

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 Constitutional Law 1

CIVIL SERVICE COMMISSION ON COMMISSION ON AUDIT OMBUDSMAN

COMMISSION (CSC) ELECTIONS (COMELEC) (COA)

Disqualificati Art. 9A, Sec. 2: No member of a Constitutional Commission shall, during his tenure:
Art. 11, Sec. 11:
on/ 1. Hold any other oce or employment.
Ombudsman and his
Prohibitions 2. Engage in the practice of any profession or in the active management or control of any Deputies shall not be
business which in any way may be aected by the functions of his oce
qualified to run for any oce
Does not include teaching (Bernas Greenbook)
in the election immediately
3. Be financially interested, directly or indirectly, in any contract with, or in any franchise or succeeding their cessation
privilege granted by the Government (Its subdivisions, agencies, or instrumentalities) and from oce

Government-owned or controlled corporations or their subsidiaries

Art. 9B, Sec. 7: No

Art. 9B, Sec. 7: No appointive ocial shall hold any other oce or employment in the appointive ocial shall hold
Government or any (Its subdivisions, agencies, or instrumentalities) and Government-owned any other oce or
or controlled corporations or their subsidiaries
employment in the
Unless allowed by law or by the primary functions of his oce
Government or any (Its
subdivisions, agencies, or
instrumentalities) and
Art. 9B, Sec. 8: No elective or appointive public ocer or employee shall receive additional, Government-owned or
double, or indirect compensation, unless specifically authorized by law. Nor accept, without controlled corporations or
the consent of the Congress, any present, emolument, oce, or title of any kind from any their subsidiaries

foreign government.
Unless allowed by
Pensions and gratuities are not considered as additional, double, or indirect law or by the primary
compensation functions of his
Art. 11, Sec. 16: No loan, guaranty, or other form of financial accommodation for any oce.

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 Art. 9B, Sec. 8: No elective
Cabinet, Congress, Supreme Court, Constitutional Commissions, and the Ombudsman, or to or appointive public ocer or
any firm or entity in which they have controlling interest during their tenure. employee shall receive
additional, double, or indirect
Art. 9B, Sec. 2: No ocers or compensation, unless
employee in the Civil Service specifically authorized by
shall engage, directly, or law. Nor accept, without the
indirectly, in any consent of the Congress, any
electioneering or partisan present, emolument, oce,
political campaign. 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)

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 Constitutional Law 1

CIVIL SERVICE COMMISSION ON COMMISSION ON AUDIT OMBUDSMAN

COMMISSION (CSC) ELECTIONS (COMELEC) (COA) 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 Art. 11, Sec. 10:
shall not be decreased during their tenure 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

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.

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 Constitutional Law 1

CIVIL SERVICE COMMISSION ON COMMISSION ON AUDIT OMBUDSMAN

COMMISSION (CSC) ELECTIONS (COMELEC) (COA)

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.

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Senate Electoral Tribunal
(SET)/ House Electoral
Tribunal (HRET)
Functions Art. 6, Sec. 17: Sole judge of
all contests relating to the
election, returns and
qualifications of their
respective members.
submission.
returns, and qualifications of
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.
Art. 7: Sec. 16: Function of
Oath must be made
before open session
Appointments is to consent
Assumption of
oce begins on noon
of June 30 following
the election.
administrative check on the
Comelec handles
pre-proclamation
controversies
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 quasi-
judicial powers
Composition Art. 6, Sec. 17: Each Tribunal
is composed of 9 members:
Court
1. 3 Justices of the
Supreme Court designated
by the Chief Justice
2. 12 Senators
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)
representation from
Such Senators or
members of the HR
Regular members
shall be chosen on
the basis of
proportional
representation from
the political parties
they represent.
members
Clarence Tiu, Ateneo Law 1-B, Batch 2017
Constitutional Law 1
Constitutional Bodies
Commission on Presidential Electoral Judicial and Bar Council
Appointments (CA) Tribunal (PET) (JBC)
Art. 6, Sec. 18: Act on all Art. 7, Sec. 4: Supreme Art. 8, Sec. 8: Council shall
appointments submitted to it, Court en banc shall be the have the principal function of
within 30 session days of the sole judge of all contests recommending appointees to
Congress from their relating to the election, the Judiciary. It may exercise
such other functions and
the President or Vice- duties as the Supreme Court
Art. 6, Sec. 19: Commission President. may assign to it.
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.
the Commission on
to or confirm nominations or
appointments submitted to it
by the President. It is an
appointing authority of the
President.
Independent constitutional
creation, exercises purely
executive powers
Art. 6, Sec. 18: Composed of Justices of the Supreme Art. 8, Sec. 8: Judicial and
25 members:
Bar Council is hereby created
1. Senate President (Ex- under the supervision of the
ocio chairman)
Supreme Court composed of
7 members:
3. 12 Members of HR Ex-ocio members
Elected by each 1. Chief Justice as ex-ocio
house on the basis of chairman
proportional 2. Secretary of Justice
3. Representative of
the political parties Congress
they represent
Chairman shall not 4. Representative of the
vote except in case Integrated Bar
of a tie
5. Professor of Law
Rule by majority 6. Retired member of the
vote of all the Supreme Court
7. Representative of the
Private Sector

Senate Electoral Tribunal
(SET)/ House Electoral
Tribunal (HRET)
Chairman will be the Art. 6, Sec. 19: Electoral
most senior justice.
Tribunals and Commission on
Art. 6, Sec. 19: Electoral
Tribunals and Commission on after the Senate and the HR
Appointments shall be
constituted within 30 days
after the Senate and the HR
council and shall keep a
shall have been organized
with the election of its
President and Speaker
Term N/A
Clarence Tiu, Ateneo Law 1-B, Batch 2017
Constitutional Law 1
Commission on
Appointments (CA)
JBC shall be appointed by
Appointments shall be
constituted within 30 days
shall have been organized
with the election of its
President and Speaker
Guingona, Jr. vs Gonzales:
Full membership of 12 for
each house is not mandatory
Presidential Electoral Judicial and Bar Council
Tribunal (PET) (JBC)
Private Sector
Regular members of the
the President with the
consent of the Commission
on Appointments
Clerk of the SC shall be the
secretary ex-ocio of the
record of its proceedings.
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.
Art. 8, Sec. 8: Regular
members have a term of 4
years
Staggered terms: Of regular
members first appointed, the
representative of the
Integrated Bar shall serve 4
years, professor of law for 3
years, retired SC justice for 2
years, and representative of
the private sector for 1 year.