CONSTITUTIONAL COMMISSIONS
Yorac (192 SCRA 358 [1990], at 361-362) (J1)
Introduction
 The Constitutional Commissions are independent. Although their respective functions are
essentially executive in nature, they are not under the control of the President in the
discharge of such functions.
 Each of the Constitutional Commission conducts its own proceedings under the applicable
laws and its own rules and in the exercise of its own discretion. Its decisions, orders and
rulings are subject only to review on certiorari by the Court as provided by Sec. 7, Art. IX-
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,
the Court said it would be the final arbiter to determine the proper allocation of powers and
the delineation of boundaries. (Borromeo v. CSC, 199 SCRA 911 [1991])
Case Analysis: Borromeo v. Civil Service Commission (J2)
 This case involves a dispute as which between the CSC and COA has the authority to
determine the benefits of a retired Chairman of CSC, specifically with regard to the
question as to whether the representation and transportation allowance (RATA) and cost
of living allowance (COLA) should be added to the highest monthly salary in computing his
terminal leave pay*. The Court ruled that the RATA and COLA should be included.
 The Court ruled that while the implementation and enforcement of leave benefits are
matters within the functions of the CSC, the duty to examine accounts and expenditures
relating to leave benefits properly pertains to the COA. Where the government expenditures
or use of funds is involved, the CSC cannot claim an exclusive domain simply because leave
matters are also involved.
*Terminal leave pay refers to the cash value of an employee’s accumulated leave credits. It refers to
the commutation of the leave credits intended for old age or separation from the service
Institutional Independence
 The Constitution itself characterized the Commissions as independent, a description which it
substantiated by the following means of guaranteeing it.
 Commissions are constitutionally created, thus not subject to abolition by Congress.
 Members of the Commissions are entitled to fixed seven-year terms, and they could only be
removed by impeachment.
 Commissions follow the rotational scheme or staggered appointments and terms of office.
 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)
 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,
Constitution)
 Their decisions are also subject to direct review by the Supreme Court, unless otherwise
provided for by law. (Art. IX-A, Sec. 7, Constitution)
 The Commissions shall enjoy fiscal autonomy. Their approved annual appropriations shall be
automatically and regularly released. (Art. IX-A, Sec. 5, Constitution)
Case Analysis: Brillantes Jr. v.
 The Court stated: “A designation as Acting Chairman is by its very terms essentially
temporary and therefore revocable at will. The lack of a statutory rule covering the situation
at bar is no justification for the President to fill the void buy extending the temporary
designation in favor of the respondent. This is still a government of laws and not of men. The
problem allegedly sought to be corrected if it existed at all, did not call for presidential action.
The situation could have been handled by the members of the COMELEC themselves without
the participation of the President.”
Institutional Independence (continuation)
 The Constitutional Commissions be kept independent that no fund transfers or cross-border
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
Heads of the Constitutional Commissions may be authorized to augment any item in the
general appropriations act (GAA) “for their respective offices,” Sec. 25(5), supra, has
delineated borders between their offices, such that funds appropriated for one office are
prohibited from crossing over to another office even in the guise of augmentation of a
deficient item or items. Such transfers are called cross-border transfers/augmentations.
 Allowing Congress to exercise legislative veto by reserving to the legislature the power to
approve or disapprove the IRR of law entrusted to COMELEC would be unconstitutional as it
would violate its independence**.
 The Court invalidated the designation of the CSC as ex officio member of the Boards of
Directors or Trustees of the GSIS, PhilHealth, ECC, and HDMF. The CSC Chairman could
not be member of a government office under the control of the President***.
Case Analyses:
Macalintal v. COMELEC (405 SCRA 614 [2003]) (J6) **
 By vesting itself with the powers to approve, review, amend, and revise the IRR for The
Overseas Absentee Voting Act of 2003, Congress went beyond the scope of its constitutional
authority. Congress trampled upon the constitutional mandate of independence of the
COMELEC.
Funa v. Duque III (742 SCRA 166 [2014]) (J5) ***
 Apart from violating the prohibition against holding multiple offices, Duque’s designation as
members of the governing Boards if the GSIS, PhilHealth, ECC and HDMF impairs the
independence of the CSC. Under Sec. 17, Art. VII of the Constitution, the President
exercises control over all government offices in the Executive Branch.
 An office that is legally not under the control of the President is not part of the Executive
Branch.
Fiscal Autonomy
 The fiscal autonomy enjoyed by the Judiciary, the CSC, COA, COMELEC, and Office of the
Ombudsman contemplates a guarantee of full flexibility to allocate and utilize their
resources with the wisdom and dispatch that their needs require.
 It recognizes the power and authority to levy, assess and collect fees, fix rates of
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)
 Constitutional Commissions could not be subjected to the “no report, no release” policy of
the DBM. Under this policy, allocations for agencies are withheld pending their submission of
certain documents required.
 The Court declared that “such policy cannot be enforced against offices possessing fiscal
autonomy without violating Art. IX-A, Sec. 5 of the Constitution.”
 CSC v. DBM (464 SCRA 115 [2005]) (J7)
 In regard to fiscal autonomy, it has been pointed out that “the provisions to the General Fund
of unexpended balances of appropriations – savings included – pursuant to Section 28 Chapter
IV, Book IV of the Administrative Code does not apply to the CFAG, which include the
Judiciary, CSC, COA, COMELEC, CHR, and the Office of the Ombudsman.
Common Provisions
 Constitutional Commissions have other commonalities such as the rotational scheme or
staggered appointments and terms of office, all for a uniform seven years.
 The members are appointed by the President, subject to confirmation by the Commission on
Appointments.
 They also have the same disqualification and inhibitions, and they must have not been
candidates in the election immediately preceding their appointment.
 All of the members are removable only through the process of impeachment.
 Then each of them has their rule-making authority.
 Each Commission shall perform such other functions as may be provided by law. (Art. IX-A,
Sec. 8, Constitution)
 The CSC “shall submit to the President and Congress an annual report on its personnel
programs.” (Art. IX-B, Sec. 3, Constitution)
 As to qualifications, they are all required to be natural-born citizens, at least 35 years of
age, and must not have been candidates in the election immediately preceding their
appointment.
 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
designated in a temporary or acting capacity.
Case Analysis: Funa v. Villar (670 SCRA 579 [2012]) (J4) ****
 The Court clarified that the term proscribed “reappointment” means a movement to one and
the same office (Commissioner to Commission or Chairman to Chairman).
 An appointment involving a movement to a different position or office (Commissioner to
Chairman) would constitute a new appointment and, hence, not a reappointment barred under
the Constitution.
 This is, however, on the condition that the aggregate period of the length of service as
commissioner and the unexpired period of the term of the predecessor will not exceed seven
years and that the vacancy in the position of the Chairman resulted from death, resignation,
disability or removal by impeachment.
 “Sec. 1(2), Art. IX-D of the 1987 Constitution and similar provisions do not peremptorily
prohibit the promotional appointment of a commissioner to chairman, provided the new
appointee’s tenure in both capacities does not exceed seven years in all.
Common Provisions (continuation)
 No member of a Constitutional Commission shall, during his tenure, hold any other office or
employment. Neither shall he engage in the practice of any profession or in the active
management or control of any business which in any way be affected by the functions of his
office, nor shall he be financially interested in any franchise or privilege granted by the
Government. (Art. IX-A, Sec. 2, Constitution)
 Each of the Commissions has been considerable made more autonomous and strengthened in
the exercise of its powers and in the discharge of its functions and responsibilities.
 The Civil Service Act of 1959 (RA 2260) established the CSC headed by a Commissioner
who had the rank of a Department Secretary and was an ex-officio member of the cabinet.
 Appeals may be brought from decisions of the CSC to the President.
(CASE: Meram v. Endralin, 154 SCRA 238 [1987] – J1.1)
 For the COMELEC, it was made an independent commission pursuant to a constitutional
amendment to the 1935 Constitution establishing an independent 3-member COMELEC
which became operative on Dec. 2, 1940.
 While under the 1935 Constitution, “the decisions, orders, and rulings of the COMELEC shall
be subject to review by the SC,” the 1973 Constitution provides that “any decision, order or
ruling of the COMELEC may be brought to the SC on certiorari by the aggrieved party
within 30 days from his receipt of a copy thereof.”
 The Election Code of 1978 makes COMELEC also the sole judge of all pre-proclamation
controversies and further provides that any of its decisions, orders or rulings (in such
controversies) shall be final and executory.
 As for the COA, under the 1935 Constitution, the decisions of the Auditor General of the
General Auditing Office (COA’s precursor) may be appealed to the President whose action
shall be final. The 1973 and 1987 Constitutions changed the nature of the remedy by
providing that the COA’s decision, order or ruling may be brought to the SC for certiorari.
 This change of remedy narrowed down the scope and extent of the inquiry that the Court may
undertake to what is strictly the office of certiorari as distinguished from review.
Rotational Scheme or Staggered Appointments and Terms of Office
 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.
 In the case of COMELEC, since it has a composition of Chairman and 6 Commissioners, two
other Commissioners were likewise given a full 7-year terms. The other Commissioners only
have a Chairman and two Commissioners each.
 Under the 1935 Constitution, the term of office for all Constitutional Commissions was set at
9 years, with each group of commissioners ending the term every 3 years. The 1973
Constitution changed the term of office to 7 years, which was retained by the 1987 Charter.
 The rotational system for the Constitutional Commissions further enhances their
independence since, theoretically, no single President may appoint all of the members. The
vacancies in COMELEC are precisely staggered to insure that the majority of its members
hold confirmed appointments, and not one President will appoint all COMELEC members.
 The terms of the first Chairmen and Commissioners must start on a common date,
irrespective of the variation in the dates of appointments and qualifications of the
 appointees, in order that the expiration of the first terms of 7, 5, and 3 years should lead to the
regular recurrence of the 2-year interval between the expiration of the terms.
 In keeping with the spirit of the rotational scheme, even as a member of the Constitutional
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
which would be shorter than the prescribed term.
 Accordingly, such promotional appointment may only be had if the Chairman leaves office
earlier than the expiration of his term, and that the Commissioner to succeed him still has a
term of office which would not exceed the remaining period of the former Chairman’s.
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
7 years cannot be appointed as chairman when such position became vacant as a result of the
expiration of the 7-year term of the predecessor Carague.
 Such appointment to a full term is not valid, as the appointee will be allowed to serve more
than 7 years under the constitutional ban.
 On the other hand, a commissioner who resigned before serving his 7-year term can be
extended an appointment to the position of chairman for the unexpired period of the latter,
provided that the aggregate period of the length of service as commissioner and the unexpired
period of the term of the predecessor will not exceed 7 years and that the vacancy in the
position of the Chairman resulted from death, resignation, disability or removal by
impeachment.
__________________________________________________________________________________
THE CIVIL SERVICE COMMISSION
Introduction
 The government offices need to be managed efficiently and professionally, by men and
women who are conscious of their role in providing quality public service to the people. Such
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
independent office – the Civil Service Commission.
 As the central personnel agency of the Government, the CSC is given the task of
establishing a career service and adopting measures to promote morale, efficiency,
integrity, responsiveness, progressiveness, and courtesy in the civil service.
 It is further given the responsibility of
1. Strengthening the merit and rewards system,
2. Integrating all HRD programs for all levels and ranks, and
3. Institutionalizing a management climate conducive to public accountability.
 To instill greater sense of responsibility and consciousness under a regime of
constitutionalism, public officers and employees are also mandated to take an oath or
affirmation to uphold and defend the Constitution.
The Civil Service
 “The civil service system rests on the principle of application of the merit system instead of
the spoils system in the matter of appointment and tenure of office.”
Case Analysis: Meram v. Edralin (154 SCRA 238 [1987]) (J1.1)
 Civil service laws are not enacted to penalize anyone. They are designed to eradicate the
system of appointment to public office based on political considerations and to eliminate
the element of partisanship and personal favoritism in making appointments.
 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.
The Civil Service (continuation)
 The civil service is characterized primarily with entry based on merit and fitness
determined, as a general rule, based on competitive examinations, security of tenure, and
opportunity for advancement.
Article IX-B, Section 2:
1. The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the
Government, including government-owned or controlled corporations with original charters.
2. Appointments in the civil service shall be made only according to merit and fitness to be
determined, as far as practicable, and, except to positions which are policy-determining,
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.
4. No officer or employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.
5. The right to self-organization shall not be denied to government employees.
6. Temporary employees of the Government shall be given such protection as may be provided
by law.
The Civil Service (continuation)
 Succinct and clear is the provision of the Constitution in point that all government agencies,
without exception, are covered by the civil service.
 Under the present Constitution, the coverage of the Civil Service would only extend to
GOCCs with original charters, i.e., created by law and therefore, the Civil Service does not
include GOCCs under the general corporation law.
 With regard to water districts, they are considered GOCCs with original charters. As the court
explained PD 198 constitutes in effect their original charter, the source of authorization and
power to form and maintain a water district.
 On the issue on the right of government employees to form unions, the Constitution itself
allows them to form their own organizations. However, they may not be allowed to engage in
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
 It is to be determined by competitive examination. The recognized exceptions to this
requirements are positions which are policy determining, primarily confidential, and highly
technical.
 The requirement of having to pass a CSE carries with it the authority of the CSC to revoke
the eligibility of someone who might have fraudulently obtained the same. (CASE: Lazo)
 It also provides justification for the separation form the service of one who might have
become mentally incapacitated.
Case Analysis: Romagos v. Metro Cebu Water District (533 SCRA 50 [2007]) (J1.12)
 While Sec. 46 of EO 292 is silent on this matter, mental incapacity not arising from immoral
or vicious habits is also a cause for separation under Sec. 26 of EO 292 and Sec. 2(2), Art.
IX-B of Constitution, which demand of government officers and employees continuing merit
and fitness.
Merit and Fitness (continuation)
 The CSC has the power to approve or disapprove an appointment and not the power to
make the appointment itself or to direct that such appointment be made by the appointing
authority.
 The CSC can only inquire into the eligibility of the person chosen to fill a vacant position and
if it finds the person qualified it must so attent.
 The duty of the CSC is to attest appointments. That function being discharged, its
participation in the appointment process ceases.
 Should the CSC find that the appointee is not qualified for the position, it has the duty to
disapprove the appointment. Thereafter, the responsibility of appointing qualified person in
lieu of the disqualified appointee rests upon the discretion of the appointing authority. The
CSC cannot encroach upon such discretion vested solely in the appointing authority.
 The requirement of determining merit and fitness through competitive examinations does not
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
confidence in the aptitude of the appointee for the duties of the office but primarily close
intimacy which insures freedom of intercourse without embarrassment or freedom from
misgivings of betrayals of personal trust or confidential matters of the state.”
(CASE: PAGCOR v. Angara, 475 SCRA 41 [2005], J1.8)
 As for one in policy determining positions, he “formulates a method of action for the
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.
Case Analysis: Civil Service Commission v. Javier, 546 SCRA 485 [2008] (J1.9)
 A strict reading of the law reveals that primarily confidential positions fall under the non-
career service. It is also clear that, unlike career positions, primarily confidential and other
non-career positions do not have security of tenure. The tenure of a confidential employee is
co-terminous with that of the appointing authority or is at the latter’s pleasure. However, the
confidential employee may be appointed or remain in the position even beyond the
compulsory retirement age of 65 years.
 At present, there is no law enacted by the legislature that defines or sets definite criteria for
determining primarily confidential positions in the civil service. Neither is there a law that
gives an enumeration of positions classified as primarily confidential.
 With regard to the primarily confidential positions, the Court has declared that the
characterization should principally be based on the nature of the position, not the designation
by law or otherwise.
 For this purpose, the proximity rule is followed in the sense that there must be that element
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
the nature of the position that is determinative, notwithstanding any statutory classification
to the contrary.
 Positions considered primarily confidential include that of
1. Corporate Counsels of GOCCs,
2. General Counsels,
3. Provincial Attorneys (but not his subordinates and legal assistants),
4. City Legal Officers, and
5. Provincial Administrators
Security of Tenure
 An employee could only be removed or disciplined for cause. However, it must be kept in
mind that the guarantee of security of tenure under the Constitution is not a guarantee of
perpetual employment. It only means that an employee cannot be dismissed from the service
for causes other than those provided by law and after due process is accorded the employee.
 In regard to those occupying primarily confidential, policy determining or highly technical,
they are still covered by the assurance of security of tenure. ^
 However, in regard to those whose positions are primarily confidential, when they are
separated from the service due to loss of trust and confidence, the same does not amount to
removal. Their term of office is deemed to have expired.
Case Analysis: Corpus v. Cuaderno Sr., 336 SCRA 188 [2000] (J1.4) ^
 The tenure of officials holding primarily confidential positions (such as private secretaries of
public functionaries) ends upon loss of confidence, because their term of office lasts only as
long as confidence in them endures; and thus their cessation involves no removal.
 But the situation is different from those holding highly technical posts, requiring special skills
and qualifications.
Security of Tenure (continuation)
 When a position is both primarily confidential and highly technical, such as that of a General
Counsel, the former characterization predominates and the occupant of the position could
therefore be eased out of office due to loss of trust and confidence. (CASE: Besa, J1.5)
 To be entitled to security of tenure, one must have the required eligibility.
 The mere fact that a position belongs to the Career Service does not automatically confer
security of tenure on its occupant even if he does not possess the required qualifications. A
person who does not have the requisite qualifications for the position cannot be appointed to it
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
cannot be regarded as permanent even if it may be so designated. (CASE: Achacoso, J1.10)
 The guaranty of security of tenure also encompasses permanence in the place where he is
assigned or appointed.
 While a temporary transfer or assignment of personnel is permissible even without the
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
indirectly terminate his service, or force his resignation. Thus, a reassignment with no
definite period or duration violates the employee’s right of security of tenure.
(CASE: Gloria v. CA, J1.14)
 With regard to reorganizations, they may be considered as a valid manner of separating
employees from government service without violating the guaranty of 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
bureaucracy more efficient. In that event, no dismissal or separation actually occurs
because the position itself ceases to exist.
 When it comes to abolition of office, the prerogative belongs to the Congress, not the CSC.
Case Analysis: Canonizado v. Aguirre, 323 SCRA 312 [2000] (J1.17) ^^
 Reorganization takes place when there is an alteration of the existing structure of
government offices or units therein, including the lines of control, authority and
responsibility between them. It involves a reduction of personnel, consolidation of offices, or
abolition thereof by reason of economy or redundancy of functions. Naturally, it may result in
the loss of one’s position through removal or abolition of an office.
 The creation and abolition of public offices is primarily a legislative function. It is
acknowledged that Congress may abolish any office it creates without impairing the officer’s
right to continue in the position held and that such power may be exercised for various
reasons, such as the lack of funds or in the interest of economy.
 However, in order for the abolition to be valid, it must be made in good faith, not for political
or personal reasons, or in order to circumvent the constitutional security of tenure of civil
service employees.
 Where one office is abolished and replaced with another office vested with similar functions,
the abolition is a legal nullity.
Nepotism
 In line with the idea of a more professional and efficient civil service, there is the rule against
nepotism, a pernicious evil impeding the civil service and the efficiency of its personnel.
It is a form of corruption that must be nipped in the bud or abated whenever or wherever it
raises its ugly head. (CASE: CSC v. Dacoycoy, 306 SCRA 425 [1999], J1.19)
 The purpose of the prohibition against nepotism is to ensure that all appointments and
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
is a prohibition directed at natural persons, not to the office. ^^^
 It has likewise been held that the rule against nepotism covers not only appointments but also
designations.
Case Analysis: Debulgado v. Civil Service Commission, 237 SCRA 184 (1994) (J1.20)
 It is essential to stress that the prohibition applies quire without regard to the actual merits of
the proposed appointee and to the good intentions of the appointing or recommending
authority, and that the prohibition against nepotism in appointments whether original or
promotional, is not intended by the legislative authority to penalize faithful service.
Classification in the Civil Service
Career Service is characterized by:
1. Entrance based on merit and fitness to be determined as far as practicable by competitive
examination, or based on highly technical qualifications;
2. Opportunity for advancement to higher career positions; and
3. Security of tenure
Non-Career Service is characterized by:
1. Entrance on bases other than those of the usual tests of merit and fitness;
2. Tenure which is limited to a period specified by law, or which is coterminous with that of the
appointing authority or subject to his pleasure, or which is limited to the duration of a
particular project for which purpose employment was made
Career Service includes:
1. Open career positions for appointment to which prior qualification in an appropriate
examination is required;
2. Closed career positions which are scientific, or highly technical in nature;
3. Positions in the Career Executive Service (all of which are appointed by the President)
4. Career officers other than those in the Career Executive Service (Foreign Service Officers in
DFA)
5. Commissioned officers and enlisted men of the AFP which shall maintain a separate merit
system;
6. Personnel of GOCCs, whether performing governmental or proprietary functions, who do not
fall under the non-career service; and
7. Permanent laborers, whether skilled, semi-skilled, or unskilled.
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
the President and their personal or confidential staff(s);
3. Chairman and members of commissions and boards with fixed terms of office and their
personal or confidential staff;
4. Contractual personnel or those whose employment in the government is in accordance with a
special contract to undertake a specific work or job; and
5. Emergency and seasonal personnel.
Salary Standardization
 The Congress shall provide for the standardization of compensation of government officials,
including those in GOCCs with original charters, taking into account the nature of the
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.