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CONSTITUTIONAL COMMISSIONS Case Analysis: Brillantes Jr. v.

Yorac (192 SCRA 358 [1990], at 361-362) (J1)


Introduction  The Court stated: “A designation as Acting Chairman is by its very terms essentially
 The Constitutional Commissions are independent. Although their respective functions are temporary and therefore revocable at will. The lack of a statutory rule covering the situation
essentially executive in nature, they are not under the control of the President in the at bar is no justification for the President to fill the void buy extending the temporary
discharge of such functions. designation in favor of the respondent. This is still a government of laws and not of men. The
 Each of the Constitutional Commission conducts its own proceedings under the applicable problem allegedly sought to be corrected if it existed at all, did not call for presidential action.
laws and its own rules and in the exercise of its own discretion. Its decisions, orders and The situation could have been handled by the members of the COMELEC themselves without
rulings are subject only to review on certiorari by the Court as provided by Sec. 7, Art. IX- the participation of the President.”
A. (Funa v. Duque III, 742 SCRA 166 [2014], at 184-185)
 Being independent Commissions, each has to mind its own business. But when conflicts arise, Institutional Independence (continuation)
the Court said it would be the final arbiter to determine the proper allocation of powers and  The Constitutional Commissions be kept independent that no fund transfers or cross-border
the delineation of boundaries. (Borromeo v. CSC, 199 SCRA 911 [1991]) augmentation of the appropriations may be made by the President to the Commissions.
 By providing that the President, Senate President, House Speaker, SC Chief Justice, and the
Case Analysis: Borromeo v. Civil Service Commission (J2) Heads of the Constitutional Commissions may be authorized to augment any item in the
 This case involves a dispute as which between the CSC and COA has the authority to general appropriations act (GAA) “for their respective offices,” Sec. 25(5), supra, has
determine the benefits of a retired Chairman of CSC, specifically with regard to the delineated borders between their offices, such that funds appropriated for one office are
question as to whether the representation and transportation allowance (RATA) and cost prohibited from crossing over to another office even in the guise of augmentation of a
of living allowance (COLA) should be added to the highest monthly salary in computing his deficient item or items. Such transfers are called cross-border transfers/augmentations.
terminal leave pay*. The Court ruled that the RATA and COLA should be included.  Allowing Congress to exercise legislative veto by reserving to the legislature the power to
 The Court ruled that while the implementation and enforcement of leave benefits are approve or disapprove the IRR of law entrusted to COMELEC would be unconstitutional as it
matters within the functions of the CSC, the duty to examine accounts and expenditures would violate its independence**.
relating to leave benefits properly pertains to the COA. Where the government expenditures  The Court invalidated the designation of the CSC as ex officio member of the Boards of
or use of funds is involved, the CSC cannot claim an exclusive domain simply because leave Directors or Trustees of the GSIS, PhilHealth, ECC, and HDMF. The CSC Chairman could
matters are also involved. not be member of a government office under the control of the President***.

*Terminal leave pay refers to the cash value of an employee’s accumulated leave credits. It refers to Case Analyses:
the commutation of the leave credits intended for old age or separation from the service Macalintal v. COMELEC (405 SCRA 614 [2003]) (J6) **
 By vesting itself with the powers to approve, review, amend, and revise the IRR for The
Institutional Independence Overseas Absentee Voting Act of 2003, Congress went beyond the scope of its constitutional
 The Constitution itself characterized the Commissions as independent, a description which it authority. Congress trampled upon the constitutional mandate of independence of the
substantiated by the following means of guaranteeing it. COMELEC.
 Commissions are constitutionally created, thus not subject to abolition by Congress. Funa v. Duque III (742 SCRA 166 [2014]) (J5) ***
 Members of the Commissions are entitled to fixed seven-year terms, and they could only be  Apart from violating the prohibition against holding multiple offices, Duque’s designation as
removed by impeachment. members of the governing Boards if the GSIS, PhilHealth, ECC and HDMF impairs the
 Commissions follow the rotational scheme or staggered appointments and terms of office. independence of the CSC. Under Sec. 17, Art. VII of the Constitution, the President
exercises control over all government offices in the Executive Branch.
 The salary of the Chairman and the Commissioners shall be fixed by law and shall not be
decreased during their tenure. (Art. IX-A, Sec. 3, Constitution)  An office that is legally not under the control of the President is not part of the Executive
Branch.
 The Constitutional Commissions shall appoint their officials and employees in accordance
with law. (Art. IX-A, Sec. 4, Constitution)
 Each Commission en banc may promulgate its own rules of procedure. (Art. IX-A, Sec. 6, Fiscal Autonomy
Constitution)  The fiscal autonomy enjoyed by the Judiciary, the CSC, COA, COMELEC, and Office of the
 Their decisions are also subject to direct review by the Supreme Court, unless otherwise Ombudsman contemplates a guarantee of full flexibility to allocate and utilize their
provided for by law. (Art. IX-A, Sec. 7, Constitution) resources with the wisdom and dispatch that their needs require.
 The Commissions shall enjoy fiscal autonomy. Their approved annual appropriations shall be  It recognizes the power and authority to levy, assess and collect fees, fix rates of
automatically and regularly released. (Art. IX-A, Sec. 5, Constitution) compensation not exceeding the highest rates authorized by law for compensation and pay
plans of the government and allocate such sums as my be provided by law.
Fiscal Autonomy (continuation) Common Provisions (continuation)
 Constitutional Commissions could not be subjected to the “no report, no release” policy of  No member of a Constitutional Commission shall, during his tenure, hold any other office or
the DBM. Under this policy, allocations for agencies are withheld pending their submission of employment. Neither shall he engage in the practice of any profession or in the active
certain documents required. management or control of any business which in any way be affected by the functions of his
 The Court declared that “such policy cannot be enforced against offices possessing fiscal office, nor shall he be financially interested in any franchise or privilege granted by the
autonomy without violating Art. IX-A, Sec. 5 of the Constitution.” Government. (Art. IX-A, Sec. 2, Constitution)
 CSC v. DBM (464 SCRA 115 [2005]) (J7)  Each of the Commissions has been considerable made more autonomous and strengthened in
 In regard to fiscal autonomy, it has been pointed out that “the provisions to the General Fund the exercise of its powers and in the discharge of its functions and responsibilities.
of unexpended balances of appropriations – savings included – pursuant to Section 28 Chapter  The Civil Service Act of 1959 (RA 2260) established the CSC headed by a Commissioner
IV, Book IV of the Administrative Code does not apply to the CFAG, which include the who had the rank of a Department Secretary and was an ex-officio member of the cabinet.
Judiciary, CSC, COA, COMELEC, CHR, and the Office of the Ombudsman.  Appeals may be brought from decisions of the CSC to the President.
(CASE: Meram v. Endralin, 154 SCRA 238 [1987] – J1.1)
Common Provisions  For the COMELEC, it was made an independent commission pursuant to a constitutional
 Constitutional Commissions have other commonalities such as the rotational scheme or amendment to the 1935 Constitution establishing an independent 3-member COMELEC
staggered appointments and terms of office, all for a uniform seven years. which became operative on Dec. 2, 1940.
 The members are appointed by the President, subject to confirmation by the Commission on  While under the 1935 Constitution, “the decisions, orders, and rulings of the COMELEC shall
Appointments. be subject to review by the SC,” the 1973 Constitution provides that “any decision, order or
 They also have the same disqualification and inhibitions, and they must have not been ruling of the COMELEC may be brought to the SC on certiorari by the aggrieved party
candidates in the election immediately preceding their appointment. within 30 days from his receipt of a copy thereof.”
 All of the members are removable only through the process of impeachment.  The Election Code of 1978 makes COMELEC also the sole judge of all pre-proclamation
 Then each of them has their rule-making authority. controversies and further provides that any of its decisions, orders or rulings (in such
 Each Commission shall perform such other functions as may be provided by law. (Art. IX-A, controversies) shall be final and executory.
Sec. 8, Constitution)  As for the COA, under the 1935 Constitution, the decisions of the Auditor General of the
 The CSC “shall submit to the President and Congress an annual report on its personnel General Auditing Office (COA’s precursor) may be appealed to the President whose action
programs.” (Art. IX-B, Sec. 3, Constitution) shall be final. The 1973 and 1987 Constitutions changed the nature of the remedy by
 As to qualifications, they are all required to be natural-born citizens, at least 35 years of providing that the COA’s decision, order or ruling may be brought to the SC for certiorari.
age, and must not have been candidates in the election immediately preceding their  This change of remedy narrowed down the scope and extent of the inquiry that the Court may
appointment. undertake to what is strictly the office of certiorari as distinguished from review.
 Any appointment to a vacancy shall only for the unexpired term of the predecessor. The
members are also not eligible for reappointment****. And no member shall be appointed or Rotational Scheme or Staggered Appointments and Terms of Office
designated in a temporary or acting capacity.  Under the staggered appointments and terms of office, the first set of Chairmen had a full
7-year term and the other members were given 5 or 3 years only.
Case Analysis: Funa v. Villar (670 SCRA 579 [2012]) (J4) ****  In the case of COMELEC, since it has a composition of Chairman and 6 Commissioners, two
 The Court clarified that the term proscribed “reappointment” means a movement to one and other Commissioners were likewise given a full 7-year terms. The other Commissioners only
the same office (Commissioner to Commission or Chairman to Chairman). have a Chairman and two Commissioners each.
 An appointment involving a movement to a different position or office (Commissioner to  Under the 1935 Constitution, the term of office for all Constitutional Commissions was set at
Chairman) would constitute a new appointment and, hence, not a reappointment barred under 9 years, with each group of commissioners ending the term every 3 years. The 1973
the Constitution. Constitution changed the term of office to 7 years, which was retained by the 1987 Charter.
 This is, however, on the condition that the aggregate period of the length of service as  The rotational system for the Constitutional Commissions further enhances their
commissioner and the unexpired period of the term of the predecessor will not exceed seven independence since, theoretically, no single President may appoint all of the members. The
years and that the vacancy in the position of the Chairman resulted from death, resignation, vacancies in COMELEC are precisely staggered to insure that the majority of its members
disability or removal by impeachment. hold confirmed appointments, and not one President will appoint all COMELEC members.
 “Sec. 1(2), Art. IX-D of the 1987 Constitution and similar provisions do not peremptorily  The terms of the first Chairmen and Commissioners must start on a common date,
prohibit the promotional appointment of a commissioner to chairman, provided the new irrespective of the variation in the dates of appointments and qualifications of the
appointee’s tenure in both capacities does not exceed seven years in all.
appointees, in order that the expiration of the first terms of 7, 5, and 3 years should lead to the The Civil Service
regular recurrence of the 2-year interval between the expiration of the terms.  “The civil service system rests on the principle of application of the merit system instead of
 In keeping with the spirit of the rotational scheme, even as a member of the Constitutional the spoils system in the matter of appointment and tenure of office.”
Commission may be extended a promotional appointment as Chairman, the same must not
result in either exceeding the total 7-year term of the member, nor result in an appointment Case Analysis: Meram v. Edralin (154 SCRA 238 [1987]) (J1.1)
which would be shorter than the prescribed term.  Civil service laws are not enacted to penalize anyone. They are designed to eradicate the
 Accordingly, such promotional appointment may only be had if the Chairman leaves office system of appointment to public office based on political considerations and to eliminate
earlier than the expiration of his term, and that the Commissioner to succeed him still has a the element of partisanship and personal favoritism in making appointments.
term of office which would not exceed the remaining period of the former Chairman’s.  These laws intend to establish a merit system of fitness and efficiency as the basis of
appointment; to secure more competent employees, and thereby promote better government.
Case Analysis: Funa v. Villar (670 SCRA 579 [2012]) (J4)
 To recapitulate, a COA commissioner like respondent Villar who serves for a period less than The Civil Service (continuation)
7 years cannot be appointed as chairman when such position became vacant as a result of the  The civil service is characterized primarily with entry based on merit and fitness
expiration of the 7-year term of the predecessor Carague. determined, as a general rule, based on competitive examinations, security of tenure, and
 Such appointment to a full term is not valid, as the appointee will be allowed to serve more opportunity for advancement.
than 7 years under the constitutional ban.
 On the other hand, a commissioner who resigned before serving his 7-year term can be Article IX-B, Section 2:
extended an appointment to the position of chairman for the unexpired period of the latter, 1. The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the
provided that the aggregate period of the length of service as commissioner and the unexpired Government, including government-owned or controlled corporations with original charters.
period of the term of the predecessor will not exceed 7 years and that the vacancy in the 2. Appointments in the civil service shall be made only according to merit and fitness to be
position of the Chairman resulted from death, resignation, disability or removal by determined, as far as practicable, and, except to positions which are policy-determining,
impeachment. primarily confidential, or highly technical, by competitive examination.
__________________________________________________________________________________ 3. No officer or employee of the civil service shall be removed or suspended except for cause
provided by law.
THE CIVIL SERVICE COMMISSION 4. No officer or employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.
Introduction 5. The right to self-organization shall not be denied to government employees.
 The government offices need to be managed efficiently and professionally, by men and 6. Temporary employees of the Government shall be given such protection as may be provided
women who are conscious of their role in providing quality public service to the people. Such by law.
an objective would be difficult to achieve if the CSC were made primarily accountable and
obligated to the political departments, especially the President. Hence, the need for an The Civil Service (continuation)
independent office – the Civil Service Commission.  Succinct and clear is the provision of the Constitution in point that all government agencies,
 As the central personnel agency of the Government, the CSC is given the task of without exception, are covered by the civil service.
establishing a career service and adopting measures to promote morale, efficiency,  Under the present Constitution, the coverage of the Civil Service would only extend to
integrity, responsiveness, progressiveness, and courtesy in the civil service. GOCCs with original charters, i.e., created by law and therefore, the Civil Service does not
 It is further given the responsibility of include GOCCs under the general corporation law.
1. Strengthening the merit and rewards system,  With regard to water districts, they are considered GOCCs with original charters. As the court
2. Integrating all HRD programs for all levels and ranks, and explained PD 198 constitutes in effect their original charter, the source of authorization and
3. Institutionalizing a management climate conducive to public accountability. power to form and maintain a water district.
 To instill greater sense of responsibility and consciousness under a regime of  On the issue on the right of government employees to form unions, the Constitution itself
constitutionalism, public officers and employees are also mandated to take an oath or allows them to form their own organizations. However, they may not be allowed to engage in
affirmation to uphold and defend the Constitution. concerted activities.
o In the absence of any legislation allowing government employees to strike,
recognizing their right to do so, or regulating the exercise of the right, they are
prohibited from striking, by express provision of Memorandum Circular No. 6 and as
implied in EO 180.
Merit and Fitness Requirement  At present, there is no law enacted by the legislature that defines or sets definite criteria for
 It is to be determined by competitive examination. The recognized exceptions to this determining primarily confidential positions in the civil service. Neither is there a law that
requirements are positions which are policy determining, primarily confidential, and highly gives an enumeration of positions classified as primarily confidential.
technical.  With regard to the primarily confidential positions, the Court has declared that the
 The requirement of having to pass a CSE carries with it the authority of the CSC to revoke characterization should principally be based on the nature of the position, not the designation
the eligibility of someone who might have fraudulently obtained the same. (CASE: Lazo) by law or otherwise.
 It also provides justification for the separation form the service of one who might have  For this purpose, the proximity rule is followed in the sense that there must be that element
become mentally incapacitated. of closeness and intimacy between the appointing authority and the employee.
 With respect to the determination as to which positions fall under the three exceptions, it is
Case Analysis: Romagos v. Metro Cebu Water District (533 SCRA 50 [2007]) (J1.12) the nature of the position that is determinative, notwithstanding any statutory classification
 While Sec. 46 of EO 292 is silent on this matter, mental incapacity not arising from immoral to the contrary.
or vicious habits is also a cause for separation under Sec. 26 of EO 292 and Sec. 2(2), Art.  Positions considered primarily confidential include that of
IX-B of Constitution, which demand of government officers and employees continuing merit 1. Corporate Counsels of GOCCs,
and fitness. 2. General Counsels,
3. Provincial Attorneys (but not his subordinates and legal assistants),
Merit and Fitness (continuation) 4. City Legal Officers, and
 The CSC has the power to approve or disapprove an appointment and not the power to 5. Provincial Administrators
make the appointment itself or to direct that such appointment be made by the appointing
authority. Security of Tenure
 The CSC can only inquire into the eligibility of the person chosen to fill a vacant position and  An employee could only be removed or disciplined for cause. However, it must be kept in
if it finds the person qualified it must so attent. mind that the guarantee of security of tenure under the Constitution is not a guarantee of
 The duty of the CSC is to attest appointments. That function being discharged, its perpetual employment. It only means that an employee cannot be dismissed from the service
participation in the appointment process ceases. for causes other than those provided by law and after due process is accorded the employee.
 Should the CSC find that the appointee is not qualified for the position, it has the duty to  In regard to those occupying primarily confidential, policy determining or highly technical,
disapprove the appointment. Thereafter, the responsibility of appointing qualified person in they are still covered by the assurance of security of tenure. ^
lieu of the disqualified appointee rests upon the discretion of the appointing authority. The  However, in regard to those whose positions are primarily confidential, when they are
CSC cannot encroach upon such discretion vested solely in the appointing authority. separated from the service due to loss of trust and confidence, the same does not amount to
 The requirement of determining merit and fitness through competitive examinations does not removal. Their term of office is deemed to have expired.
apply to the policy determining, primarily confidential, and highly technical positions.
 In relation to positions considered to be primarily confidential, the phrase “denotes not only Case Analysis: Corpus v. Cuaderno Sr., 336 SCRA 188 [2000] (J1.4) ^
confidence in the aptitude of the appointee for the duties of the office but primarily close  The tenure of officials holding primarily confidential positions (such as private secretaries of
intimacy which insures freedom of intercourse without embarrassment or freedom from public functionaries) ends upon loss of confidence, because their term of office lasts only as
misgivings of betrayals of personal trust or confidential matters of the state.” long as confidence in them endures; and thus their cessation involves no removal.
(CASE: PAGCOR v. Angara, 475 SCRA 41 [2005], J1.8)  But the situation is different from those holding highly technical posts, requiring special skills
 As for one in policy determining positions, he “formulates a method of action for the and qualifications.
government or any of its subdivisions” while an appointee to a highly technical position must
“possess technical skill or training in the supreme or superior degree. Security of Tenure (continuation)
 When a position is both primarily confidential and highly technical, such as that of a General
Case Analysis: Civil Service Commission v. Javier, 546 SCRA 485 [2008] (J1.9) Counsel, the former characterization predominates and the occupant of the position could
 A strict reading of the law reveals that primarily confidential positions fall under the non- therefore be eased out of office due to loss of trust and confidence. (CASE: Besa, J1.5)
career service. It is also clear that, unlike career positions, primarily confidential and other  To be entitled to security of tenure, one must have the required eligibility.
non-career positions do not have security of tenure. The tenure of a confidential employee is  The mere fact that a position belongs to the Career Service does not automatically confer
co-terminous with that of the appointing authority or is at the latter’s pleasure. However, the security of tenure on its occupant even if he does not possess the required qualifications. A
confidential employee may be appointed or remain in the position even beyond the person who does not have the requisite qualifications for the position cannot be appointed to it
compulsory retirement age of 65 years. in the first place or, only as an exception to the rule, may be appointed to it merely in an
acting capacity in the absence of appropriate eligibles. The appointment extended to him Case Analysis: Debulgado v. Civil Service Commission, 237 SCRA 184 (1994) (J1.20)
cannot be regarded as permanent even if it may be so designated. (CASE: Achacoso, J1.10)  It is essential to stress that the prohibition applies quire without regard to the actual merits of
 The guaranty of security of tenure also encompasses permanence in the place where he is the proposed appointee and to the good intentions of the appointing or recommending
assigned or appointed. authority, and that the prohibition against nepotism in appointments whether original or
 While a temporary transfer or assignment of personnel is permissible even without the promotional, is not intended by the legislative authority to penalize faithful service.
employee’s prior consent, it cannot be done when the transfer is a preliminary step toward his
removal, or is a scheme to lure him away from his permanent position, or designed to Classification in the Civil Service
indirectly terminate his service, or force his resignation. Thus, a reassignment with no Career Service is characterized by:
definite period or duration violates the employee’s right of security of tenure. 1. Entrance based on merit and fitness to be determined as far as practicable by competitive
(CASE: Gloria v. CA, J1.14) examination, or based on highly technical qualifications;
 With regard to reorganizations, they may be considered as a valid manner of separating 2. Opportunity for advancement to higher career positions; and
employees from government service without violating the guaranty of security of tenure. ^^ 3. Security of tenure
However, the same must be done in good faith.
 Reorganization is carried out in good faith if it is for the purpose of economy or to make Non-Career Service is characterized by:
bureaucracy more efficient. In that event, no dismissal or separation actually occurs 1. Entrance on bases other than those of the usual tests of merit and fitness;
because the position itself ceases to exist. 2. Tenure which is limited to a period specified by law, or which is coterminous with that of the
 When it comes to abolition of office, the prerogative belongs to the Congress, not the CSC. appointing authority or subject to his pleasure, or which is limited to the duration of a
particular project for which purpose employment was made
Case Analysis: Canonizado v. Aguirre, 323 SCRA 312 [2000] (J1.17) ^^
 Reorganization takes place when there is an alteration of the existing structure of Career Service includes:
government offices or units therein, including the lines of control, authority and 1. Open career positions for appointment to which prior qualification in an appropriate
responsibility between them. It involves a reduction of personnel, consolidation of offices, or examination is required;
abolition thereof by reason of economy or redundancy of functions. Naturally, it may result in 2. Closed career positions which are scientific, or highly technical in nature;
the loss of one’s position through removal or abolition of an office. 3. Positions in the Career Executive Service (all of which are appointed by the President)
 The creation and abolition of public offices is primarily a legislative function. It is 4. Career officers other than those in the Career Executive Service (Foreign Service Officers in
acknowledged that Congress may abolish any office it creates without impairing the officer’s DFA)
right to continue in the position held and that such power may be exercised for various 5. Commissioned officers and enlisted men of the AFP which shall maintain a separate merit
reasons, such as the lack of funds or in the interest of economy. system;
 However, in order for the abolition to be valid, it must be made in good faith, not for political 6. Personnel of GOCCs, whether performing governmental or proprietary functions, who do not
or personal reasons, or in order to circumvent the constitutional security of tenure of civil fall under the non-career service; and
service employees. 7. Permanent laborers, whether skilled, semi-skilled, or unskilled.
 Where one office is abolished and replaced with another office vested with similar functions,
the abolition is a legal nullity. Non-Career Service includes:
1. Elective officials and their personal or confidential staff;
2. Secretaries and other officials of the Cabinet rank who hold their positions at the pleasure of
Nepotism the President and their personal or confidential staff(s);
 In line with the idea of a more professional and efficient civil service, there is the rule against 3. Chairman and members of commissions and boards with fixed terms of office and their
nepotism, a pernicious evil impeding the civil service and the efficiency of its personnel. personal or confidential staff;
It is a form of corruption that must be nipped in the bud or abated whenever or wherever it 4. Contractual personnel or those whose employment in the government is in accordance with a
raises its ugly head. (CASE: CSC v. Dacoycoy, 306 SCRA 425 [1999], J1.19) special contract to undertake a specific work or job; and
 The purpose of the prohibition against nepotism is to ensure that all appointments and 5. Emergency and seasonal personnel.
other personnel actions in the civil service should be based on merit and fitness and
should never depend on how close or intimate an appointee is to the appointing power. It
Salary Standardization
is a prohibition directed at natural persons, not to the office. ^^^
 The Congress shall provide for the standardization of compensation of government officials,
 It has likewise been held that the rule against nepotism covers not only appointments but also
including those in GOCCs with original charters, taking into account the nature of the
designations.
responsibilities pertaining to, and the qualifications required for their positions. (Art. IX-B[5])
 In this regard, Congress passed the Salary Standardization Law (RA 6758) in 1989, which THE COMMISSION ON ELECTIONS
adopted the policy of providing “equal pay for substantially equal work and to base
differences in pay upon substantive differences in duties and responsibilities, and qualification Enforcement of Election Laws
requirements of the positions.”
Adjudicative Power and Jurisdiction
Partisan Political Activities
 In keeping with the professional and apolitical nature of the civil service, aside from Decision Formalities
prohibiting officers or employees in the civil service from engaging in electioneering or
partisan political campaign, it is also provided that candidates who lost in any election cannot Administrative Functions
be appointed to any office in the Government, including GOCCs.
 Related to these measures, there is also the proscription against elective officials being Recognition and Registration of Political Parties
appointed or designated to any public office or position during their tenure.
 Section 2(4), Article IX-B of the Constitution and the implementing statutes apply only to Elections Free, Honest and Credible
civil servants holding apolitical offices. State differently, the constitutional ban does not
cover elected officials, notwithstanding the fact that ‘the civil service embraces all branches, Electoral Over-Spending
subdivisions, instrumentalities, and agencies of the Government.’
 This is because elected public officials engage in partisan political activities almost all year Supervision and Regulation of Public Utilities and Mass Media
round, even outside of the campaign period. Political partisanship is the inevitable essence of
a political office, elective positions included. Election Offenses
 The act of nominating by the president of a party, who also happens to be the chairman of a
GOCC is not partisan political activity. The twin acts of signing and filing a Certificate of Freedom from Harassment
Nomination are purely internal processes of the party or organization and are not designed to
enable or ensure the victory of the candidate in the elections. __________________________________________________________________________________

THE COMMISSION ON AUDIT


Additional and Multiple Offices
 No elective official shall be eligible for appointment or designation in any capacity to any
Audit Function
public office or position during his tenure. Unless otherwise allowed by law or by the primary
functions of his position, no appointive official shall hold any other office or employment in
Coverage and Scope
the Government or any subdivision, agency or instrumentality thereof, including GOCCs or
their subsidiaries. (Art. IX-B, Sec. 7, Constitution)
Rule-Making Authority
Double or Multiple Compensation
 No elective or appointive public officer 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, office, or title of any kind from any foreign
government.
 Pensions or gratuities shall not be considered as additional, double, or indirect compensation.
(Art. IX-B, Sec. 8, Constitution)
 Receiving gratuity in addition to separation pay for basically the same service constitutes
double compensation.
 Public officials and employees are also prohibited from accepting, without the consent of
Congress, of any present, emolument, office or title of any kind from any foreign government.
 Accepting presents from foreign governments may have implications on the loyalty of public
officials and employees, while titles of nobility would be inconsistent with the idea of
republicanism.