The Constitutional Commissions

ARTICLE IX
THE CONSTITUTIONAL COMMISSIONS
I.

Section 1, Article IX
The Three Constitutional Commissions
1. Civil Service Commission (CSC)
2. Commission on Elections (COMELEC)
3. Commission on Audit (COA)

Safeguards that guarantee Independence of

Commissions
1. They are constitutionally created; may not be abolished by statute
2. Each is expressly described as independent
3. Each is conferred certain powers and functions which cannot be reduced by statute
4. The Chairmen and members cannot be removed except by impeachment
5. The chairmen and the members are given fairly a long term of office of 7 years
6. The terms of office of the chairmen and members of all these Commissions are staggered
to lessen the opportunity for appointment of the majority body by the same President
7. The Chairmen and members may not be reappointed or appointed in an acting capacity
8. The salaries of the Chairmen and members are relatively high and may not be decreased
during continuance in office
9. The Commissions enjoy fiscal autonomy
10. The Chairmen and members are subject to certain disqualifications calculated to
strengthen their integrity
11. Each Commission may promulgate its own procedural rules, provided they do not
diminish, increase or modify substantive rights (though subject to disapproval by the SC)
12. The Commissions may appoint their own officials and employees in accordance with
Civil Service Law
Staggering of Terms
Original appointees were to be given terms of three(3), five (5) and seven (7) years
respectively
Vacancy: Every 2 years
To be filled by subsequent appointees who would serve full term of 7 years
Purpose
of Staggering of Terms
to minimize the opportunity of the President to appoint during his own term more than
one member or group of members in the Constitutional Commissions
Thus, minimizing the majority thereof to a debt of gratitude and loyalty to him, which
might impair their independence
Common Provisions
Section 2: Disqualifications
Section 3 : Salaries
Section 6 : Rules of Procedure
Section 7 : Decision of the Commissions

Section 2
Disqualifications
Members cannot, during their tenure:
1. Hold any other office or employment
2. Engage in the practice of any profession
3. Engage in the active management or control of any business, which, in any way, may be
affected by the functions of their office
4. Be financially interested, directly or indirectly, in any contract, franchise, privilege
granted by the government, any of its subdivisions
Purpose of Disqualifications
To compel the chairmen and the members of the Constitutional Commissions to devote
their full attention to the discharge of their duties
To remove from them any temptations to take advantage of their official positions for
selfish purposes
Section 3
Salaries
Salaries are fixed by law and shall not be decreased during their tenure.
Incumbent members do not lose any salary.
Increases take effect immediately
May not be decreased during the incumbent continuance in office
Purpose against the Decrease
To prevent the legislature from exerting pressure upon the Commissions by operating on
their necessities,
Section 6
Rules of Procedure
The Commissions may promulgate their own rules EN BANC.
Limitation:
The rules shall not:
Diminish, Increase, or Modify substantive rights.

Purpose: Intended to bolster the independence of the Commissions in the discharge of the
powers vested in them by the Constitution or conferred on them by law
Illustrative Case: Aurelo v. CA
Aurelo v. CA
Facts: Aruelo and Gatchalian were rival candidates for the office of the Vice-Mayor of
the Municipality of Balagtas, Province of Bulacan. Gatchalian won over Aruelo by a margin of
four votes. On May 22, 1992, Aruelo filed with the Commission on Elections (COMELEC) a

petition seeking to annul Gatchalian's proclamation on the ground of "fraudulent alteration and
tampering" of votes in the tally sheets and the election returns. Aruelo prayed before the Court of
Appeals for the issuance of a temporary restraining order or a writ of preliminary injunction to
restrain the trial court from implementing the Order of August 11, 1992, regarding the revision of
ballots. Gatchalian filed with the Court of Appeals another petition, which was denied.
Aruelo claims that in election contests, the COMELEC Rules of Procedure gives
the respondent therein only five days from receipt of summons within which to file his answer to
the petition (Part VI, Rule 35, Sec. 7) and that this five-day period had lapsed when Gatchalian
filed his answer
Issue : Whether or not theres a grave abuse of discretion on the part of the CA
Held: No. The petition is dismissed. The COMELEC can not adopt a rule prohibiting the
filing of certain pleadings in the regular courts. The power to promulgate rules concerning
pleadings, practice and procedure in all courts is vested on the Supreme Court (Constitution, Art
VIII, Sec. 5 [5]).
An election protest does not merely concern the personal interests of rival
candidates for an office. For this reason, it is a well-established principle that laws governing
election protests must be liberally construed to the end that the popular will, expressed in the
election of public officers, will not, by purely technical reasons, be defeated
Section 7
Decision of the Commissions
Decision-Making:
1. Each commission shall decide matter or cases by a majority vote of all the members
within 60 days from submission.
a. COMELEC may sit en banc or in 2 divisions.
b. Election cases, including pre-proclamation controversies are decided in division, with
motions for reconsideration filed to the COMELEC en banc.
c. The SC has held that a majority decision decided by a division of the COMELEC is a
valid decision.
2. As Collegial Bodies, each commission must act as one, and no one member can decide
a case for the entire commission.
(i.e. The Chairman cannot ratify a decision which would otherwise have been void).
Appeals:
1. Decisions, orders or rulings of the COMELEC/COA may be brought on certiorari to
the SC under Rule 65.
2. Decisions, orders or ruling of the CSC should be appealed to the CA under Rule 43.
Enforcement:
The CSC can issue a writ of execution to enforce judgments, which are final.
Filipinas Engineering v. Ferrer
Facts: Comelec issued an invitation to bid in preparation for the national elections of
1969. The invitation called for the submission of sealed proposals for the manufacture and

delivery of voting booths. 17 bidders submitted their bids. Filipinas Engineering and Acme Steel
were 2 of those bidders. Comelec Bidding Committee recommended that the Filipinas bid be
awarded. (It rejected Acmes bid.)
Later however, after an ocular inspection by the Comelec, the Bidding Cmte
issued a resolution awarding the contract to Acme, after finding that Acme submitted the lowest
bid. Comelec issued a purchase order in favor of Acme. Filipinas objected and filed an
injunction against Comelec before the CFI Manila (civil case) Acme however complied with its
contract fully. The case was dismissed by the lower court, which Filipinas appealed. The
Comelec filed a MTD on the ground that the CFI had no jurisdiction.
Issue: Whether the court has jurisdiction to take cognizance of the case involving an
order of Comelec dealing with the award of contract?
Held: What is contemplated by the term final orders, rulings and decisions of Comelec
reviewable by SC are those rendered in actions or proccedings before COMELEC, and taken
cognizance of by said body in the exercise of its adjudicatory or quasi-judicial powers
Hence, an order of the COMELEC awarding a contract for the construction of
voting booths, being merely administrative in character, may be questioned not in a petition for
certiorari with the SC but in an ordinary civil action before the trial courts.

THE CIVIL SERVICE COMMISION

Section 1
Composition, Qualifications, Term
Composition:
1. Chairman
2. 2 Commissioners
Qualifications:
1. Natural-born citizens of the Philippines
2. At least 35 years old at the time of their appointments
3. With proven capacity for public administration
4. NOT candidates for any elective position in the elections immediately preceding their
appointment.
5. Appointees by the President to the CSC need Commission on Appointments
(CA)confirmation
Term:
1. 7 years (1st appointees) where the Chairman has 7 years, 1 Commissioner has 5 years
while another has 3 years)
2. Single term only, no reappointment
3. Appointment to vacancy: only for unexpired term of predecessor
4. No temporary appointments, or appointments in acting capacity.
Section 2, Article IX-B
Scope of the Civil Service
The Civil Service embraces all:
branches, subdivisions, instrumentalities, agencies of the government,
including Government owned or controlled corporations(GOCC) with original charters.
- "With Original Charter" means that the GOCC was created by special law/by Congress
(GSIS, SSS)
Cases:
Tupas v. National Housing Corporation
Facts: National Housing Corporation is a corporation organized in under Executive
Order No. 399 of the Uniform Charter of Government Corporations. In 1977, TUPAS filed a
petition for the conduct of a certification election with
DOLE Regional Office in order to determine the exclusive bargaining
representative of the workers in NHC. It was claimed that its members comprised the majority of
the employees of the corporation. The petition was dismissed by the med-arbiter holding that
NHC being a government-owned and/or controlled corporation its employees/workers are
prohibited to form, join or assist any labor organization for purposes of collective
bargainingpursuant to Section 1, Rule II, Book V of the Rules and Regulations Implementing the
Labor Code.

Issue: Whether or not a certification election may be conducted among the NHC
employees?
Held: Yes. Under the present (1987) Constitution, the civil service now covers only
government owned or controlled corporations with original or legislative charters, that is those
created by an act of Congress or by special law, and not those incorporated under and pursuant to
a general legislation. Since the NHC is a GOCC without an original charter, it is not covered by
the Civil Service Law but by the Labor Code.
With respect to government employees, the right to unionize is recognized in
Paragraph (5), Section 2, Article IX-B which provides that the right to selforganization shall not be denied to government employees. The rationale for this is that the
government for all its sovereignfunctions also performs mundane tasks such that it is also an
employer inthe true sense of the term. In fact, it is the biggest employer in the nation.
Santos v. Yatco
Facts: Secretary of Defense Alejo Santos was sought to be restrained from campaigning
personally Governor Tomas Martin in the province of Bulacan, on behalf of the administration.
He claimed that he was not covered by the constitutional prohibition of being engaged in
Partisan Political Activity .
Issue: Whether or not he is covered by the constitutional prohibition.
Held: The court sustained Santos. The position of department secretaries is not embraced
and included within the terms officers and employees in the Civil Service. Furthermore, it was
observed that Cabinet members were supposed to be the alter ego of the President of the
Philippines and were in fact usually chosen principally for political influence they were expected
to exert for the purpose of ensuring support for the administration.
Classification of Positions
Career Service

Non-Career Service

1. Entrance based on merit and fitness to be

determined as far as practicable by competitive
examinations or based on highly technical
qualifications.

1. Entrance on bases other than usual

tests of merit and
fitness.

2. Entitled to security
of tenure

2. Tenure limited to:

a) Period specified by law,
b) Coterminous withthe appointing authority or
subject to his pleasure, or
c) Limited to the duration of a particular project
for which purpose the employment was made.

3. With opportunity for advancement to higher

career positions.
Section 3
Security of Tenure

Officers or employees of the Civil Service cannot be removed or suspended EXCEPT for
cause provided by law.
- > Political Protection

Purpose of this protection

To prevent them being occupied in integrating themselves with the powers that be or
ensuring the needed political protection rather than serving the public
Abolition of Office
To be valid, abolition must be made:
1. In good faith; (good faith is presumed)
2. Not for political or personal reasons
3. Not in violation of law.
Temporary employees are covered by the following rules:
1. Not protected by security of tenure - can be removed anytime even without cause
2. If they are separated, this is considered an expiration of his term.
BUT: They can only be removed by the one who appointed them
3. Entitled only to such protection as may be provided by law.
Temporary employees
named to their positions only because of the absence of eligibles and the necessity to fill
the office in the meantime in the interest of the public service
Prohibition in any Partisan Political Activity
1. Cannot solicit votes in favor of a particular candidate.
2. Cannot give campaign contributions or distribute campaign materials.
BUT: Allowed to express views on political issues, and to mention the names of the candidates
whom he supports.
3. Prohibition does not apply to department secretaries (e.g. Secretary of National defense)
Partisan Political Activity
Meaning
Active support for or affiliation with cause of political party or candidate
(being a candidate, an officer of any ploitical committee etc.)
Purpose of the Prohibition in Partisan Political Party
1. To prevent the members of the civil service from using the resources of the government
for the benefits of the candidates
2. To insulate them from political retaliation from winning candidates they have opposed or
not supported
Section 6-7
Disqualifications
1. Losing candidates in any election

Cannot be appointed to any office in the government or GOCC's or their subsidiaries

Purpose: To discontinue the practice of losing candidates allowing them to reenter public service through a grateful executive who has utang na loob to them.
Period of disqualification: (1) year after such election.
2. Elective officials
Not eligible for appointment or designation in any capacity to any public office or
position during their tenure.
Purpose: to ensure that the official would remain in the position to which he had been
elected by the people
Exception: Officials covered by Article VII Section 13
May hold ex officio positions.
Example:

The Vice President may be appointed as Cabinet member

3. Appointive officials
Cannot hold any other office or employment in the government, any subdivision, agency,
instrumentality, including GOCC's and their subsidiaries.
Exception: Unless otherwise allowed by law, or by the primary functions of his position.
This does not apply to
- Cabinet members
- Officials covered by Article VII Section 13
Reason: They are governed by the stricter prohibitions contained therein.
Civil Liberties Union v. Executive Secretary
Facts: The petitioner challenged Executive Order No. 284 which in effect allowed
Cabinet members, their undersecretaries and allowed assistant secretaries and other appointive
officials of the Executive Department to hold other positions in the government although subject
to limitations therein.
The respondents, invoked Article IX-B, Section 7, allowing the holding of
multiple positions by the appointive official if allowed by law or by the pressing functions of
his positions.
Issue: Whether or not the prohibition apply to the officials covered by Article VII Sec.
13?
Held: No. The prohibition against holding dual or multiple offices or employment under
Section 13, Article VII of the Constitution must not, however, be construed as applying to posts
occupied by the Executive officials specified therein without additional compensation in an exofficio capacity as provided by law and as required by the primary functions of said officials'
office.
The purpose is to require him to devote his full attention and time to his basic
work instead of permitting him to dilute his efficiency in several positions being discharged by
him, for which he may even be allowed to collect extra compensation.

Section 8
Compensations
This applies to elected or appointed officers and employees.
They cannot receive:
a. Additional compensation: an extra reward given for the same office i.e.bonus
b. Double compensation: when an officer is given 2 sets of compensation for 2
different offices held concurrently by 1 officer
c. Indirect Compensation

Purpose
To inform people of the exact amount a public functionary is receiving from the
government so they can demand commensurate services
To prevent the public functionary from dividing his time among the several positions
concurrently held by him and ineptly performing his duties
Exception: Unless specifically authorized by law

Prohibition is against Double Compensation NOT Double Appointments

Illustrative Case: Quimzon v. Ozaeta

Quimzon v. Ozaeta
Facts: appellant Braulio Quimson was deputy Provincial Treasurer and Municipal
Treasurer of Caloocan, Rizal, in addition from being treasurer, he was appointed as Agent
Collector of Rural Progress Administration, a public corporation. He assumed the office without
waiting for approval of the president.
Issue: Whether he is entitled to additional compensation.
Held: The Court held that the prohibition of the Constitution was against double
compensation and not double appointments.
Hence, a second position may be held concurrently with the principal position as
long as the two are not incompatible, but the incumbent cannot collect additional salaries for
services rendered unless specifically allowed by law.
Purpose of the Prohibition against acceptance of any emolument, office or title of any kind from
foreign state
To insulate the public functionary from improper foreign influence, which may be exerted
on him to the prejudice of the national interest.
Note: Prohibition may be relaxed if the gesture of the foreign state may be sincere.

THE COMMISSION ON ELECTIONS

Section 1
Composition, Qualifications, Term

Composition:
1. Chairman
2. 6 Commissioners
Cayetano v. Monsod
Facts: Respondent Christian Monsod was nominated by President Corazon C. Aquino to
the position of chairman of the COMELEC. Petitioner opposed the nomination because allegedly
Monsod does not posses required qualification of having been engaged in the practice of law for
at least ten years.
Issue: Whether the respondent does not posses the required qualification of having
engaged in the practice of law for at least ten years.
Held: The practice of law is not limited to the conduct of cases or litigation in court; it
embraces the preparation of pleadings and other papers incident to actions and special
proceeding, the management of such actions and proceedings on behalf of clients before judges
and courts, and in addition, conveying
Atty. Monsods past work experience as a lawyer-economist, a lawyer-manager, a
lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both
rich and the poor verily more than satisfy the constitutional requirement for the position of
COMELEC chairman, The respondent has been engaged in the practice of law for at least ten
years does In the view of the foregoing, the petition is DISMISSED.
Brillantes v. Yorac
Facts: The petitioner is challenging the designation by the President of Associate
Commissioner Yorac as Acting Chairman of the COMELEC, in place of Chariman Davide. The
petitioner argues that the choice of the Acting Chairman is an internal matter to the COMELEC.
It is also averred that the designation done by the President of the Philippines violates the
independence of the COMELEC.
Issue: Whether the designation done by the President of the Philippines violates Article
IX-A, Section 1 of the Constitution.
Held: Article IX-A, Section 1 of the Constitution expressly describes all the
Constitutional Commissions as independent. Although essentially executive in nature, they are
not under the control of the President of the Philippines in the discharge of their respective
functions. Its decisions, orders and rulings are subject only to review on certiorari by the Court
as provided by the Constitution in Article IX-A, Section 7.
The choice of temporary chairman in the absence of the regular chairman comes
under that discretion. That discretion cannot be exercised for it, even with its consent, by the
President. The designation by the President of respondent Yorac as Acting Chairman of the
COMELEC is declared unconstitutional.
Term:
1. 7 years (1st appointed: Chairman -7 yrs; 3 Members - 7 yrs; 2 Members - 5 yrs; 1
Member - 3 yrs)

2. Single term only, no reappointment

3. Appointment to vacancy: only for unexpired term of predecessor
4. No temporary appointments, or appointments in acting capacity.
Section 2, Article IX-C
Powers and Functions
Powers:
1. Enforcement of Election Laws
Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.
2. Decision of Election Contests
Exclusive original jurisdiction over all contests relating to the elections, returns, and
qualifications of all elective (Regional, Provincial, City Officials)
b. Appellate jurisdiction over all contests involving:
i. Elective municipal officials decided by trial courts of general jurisdiction
ii. Elective barangay officials decided by trial courts of limited jurisdiction.
c. Decisions, final orders, or rulings of COMELEC contests involving elective municipal and
barangay offices shall be final, executory, and not appealable.
Exception: Appealable to the SC on questions of law.
3. Decision of Administrative Questions
Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment of election
officials and inspectors, and registration of voters.
Note: Questions involving the right to vote fall within the jurisdiction of the ordinary courts.
4. Deputization of Law Enforcement Agencies
Deputize, with the consent of the President, law enforcement agencies and
instrumentalities of the Government, including the AFP, for the exclusive purpose of ensuring
free, orderly, honest, peaceful, and credible elections.
This power is NOT limited to the election period.
Applies to both criminal and administrative cases.

5. Registration of political parties

or organizations, or coalitions/accreditation of citizens arms of the Commission on Elections.
The political parties etc. must present their platform or program of government.
Cannot register: Religious groups| supported financially by foreign govs. refuse to
uphold the Const.|seek to achieve their goal through violence or unlawful means.
6. Improvement of Elections
Recommend to the Congress effective measures to minimize election spending
Submit to the President and the congress a comprehensive report on the conduct
of each election, plebiscite, initiative, referendum, or recall.
Report: can be used for the purpose of determining certain questions relative to election
contests or to the credentials of the candidates proclaimed elected.

Galido v. Comelec
Facts: Galido and private respondent Galeon were candidates during the January1988
local elections for mayor of Garcia-Hernandez, Bohol. Petitioner was proclaimed the dulyelected Mayor. Private respondent filed an election protest before the RTC. After hearing, the
said court upheld the proclamation of petitioner. Private respondent appealed the RTC decision to
the COMELEC. Its First Division reversed the RTC decision. The COMELEC en banc denied
the petitioners motion for reconsideration and affirmed the decision of its First Division. The
COMELEC held that the fifteen (15)ballots in the same precinct containing the initial C
after the name Galido were marked ballots and, therefore, invalid.
Undaunted by his previous failed actions the petitioner filed the present petition
for certiorari and injunction before the Supreme Court and succeeded in getting a temporary
restraining order. In his comment to the petition, private respondent moved for dismissal, citing
Article IX (C), Section 2(2), paragraph 2 of the 1987 Constitution, that Final decisions, orders
or rulings of the COMELEC in election contests involving elective municipal offices are final
and executory, and not appealable.
Issues: Whether or not a COMELEC decision may, if it sets aside the trial courts
decision involving marked ballots, be brought to the Supreme Court by a petition for certiorari
by the aggrieved party?
Held:Yes. The fact that decisions, final orders or rulings of the COMELEC in contests
involving municipal and barangay officials are final, executory, and not appealable, does not
preclude a recourse to the SC by way of a special civil action of certiorari.
Under Article IX (A), Section 7 of the Constitution, which petitioner cites, it is stated,
Unless otherwise provided by this Constitution or bylaw, any decision, order, or ruling of
each Commission may be brought to the Supreme Court on certiorari by the aggrieved party
within thirty days from receipt thereof. The court resolved this issue in favor of the petitioner
Section 3
Rules of Procedure/ Decision Making
Rules of Procedure
1. COMELEC can sit en banc or in two divisions
Note: Each division has 3 members
2. Power to promulgate its own rules of procedure in order to expedite disposition of election
cases, including pre-election controversies.
Decision-Making
1. Election cases should be heard and decided in division.
2. However, motions for reconsideration of decisions should be decided by COMELEC en
banc.
Decisions mean resolutions on substantive issues.
If a division dismisses a case for failure of counsel to appear, the Motion for
Reconsideration here may be heard by the division.
Exception: COMELEC en banc may directly assume jurisdiction over a petition to correct
manifest errors in the tallying of results by Board of Canvassers.

Sarmiento v. Comelec
Facts: This is a consolidated special civil action for certiorari seeking to set aside the
various Comelec Resolutions in special cases. Among the resolutions were:
Ordering the exclusion of election returns from the canvass
Dismissing petitioners opposition to the composition of the Board of Canvassers
Rejecting the petitioners objection to certain election returns.
Petitioners claim that these decisions were in gadalej, and that the Comelec sitting
en banc, took cognizance of the cases without first referring them to any of its divisions.
Petitioners claim that under Sec 3, Art IX-C, election cases shall be heard and
decided in divisions, provided hat MR of the decisions shall be decided by the Commission en
banc.
Issue: Whether the pre-proclamation controversies should be decided first by division
Held: It is clear from the provision of the constitution that election cases included preproclamation controversies, and all such cases must first be heard and decided by a Division of
the Comelec. The Commission, sitting en banc, does not have the authority to hear and decide
the same at the first instance.
Under the Comelec Rules of Procedure, with respect to pre-proc controversies,
the 2 Divisions of the Comelec are vested with the authority to hear and decide those special
cases. It is recognized that the appeals from the rulings of the Board of Canvassers are
cognizable by any of the Divisions, to which they are assigned, and not by the Commission en
banc.
Here, the Comelec En Banc acted in gadalej when it resolved the appeals of
petitioners in the special cases without first referring them to any of its Divisions. Said
resolutions are therefore null and void. Consequently, the appeals are deemed pending before the
Commission for proper referral to a Division.
Section 4
Supervision of Franchises/ permits/grants/ special privileges/ concessions
When can COMELEC exercise this power
During the election period
i. Under Article XI, Section 9, the election period commences 90 days before the day of
the election and ends 30 days thereafter.
ii. In special cases, COMELEC can fix a period.
COMELEC and the Media
1. COMELEC cannot
compel print media to donate free space to the COMELEC. It may, however, compel it to
provide space after paying just compensation.
2. Power of COMELEC is
over franchises and permits, NOT individuals.
National Press Club v. COMELEC

Facts: Petitioners in these cases consist of representatives of the mass media which are
prevented from selling or donating space and time for political advertisements. It is principally
argued by petitioners that Section 11 (b) of Republic Act No. 66461 invades and violates the
constitutional guarantees comprising freedom of expression. It is asserted that the prohibition is
in derogation of media's role, function and duty to provide adequate channels of
public information and public opinion relevant to election Issue. They contend that Section 11
(b) abridges the freedom of speech of candidates, and that the suppression of media-based
campaign or political propaganda except those appearing in the Comelec space of
the newspapers and on Comelec time of radio and television broadcasts, would bring about a
substantial reduction in the quantity or volume of information concerning candidates and Issue in
the election thereby curtailing and limiting the right of voters to information and opinion.
Issue: Whether or Not Section 11 (b) of Republic Act No. 6646 runs contradictory to
Articles III (4) and IX (C) (4) of the Constitution
Held: No. Section 11 (b) is limited in the duration of its applicability and enforceability.
By virtue of the operation of Article IX (C) (4) of the Constitution, Section 11 (b) is limited in its
applicability in time to election periods. It does not claim in any way to restrict the reporting
by newspapers or radio or television stations of news or news-worthy events relating to
candidates, their qualifications, political parties and programs of government.
In sum, Section 11 (b) is not to be read as reaching any report or commentary
other coverage that, in responsible media, is not paid for by candidates for political office.
Section 11 (b) as designed to cover only paid political advertisements of particular candidates.
The limiting impact of Section 11 (b) upon the right to free speech of the candidates themselves
is not unduly repressive or unreasonable.

Section 5
No pardon, amnesty, parole, or suspensionof sentence for violation of election laws,
rules, and regulations shall be granted by the President without the favorable recommendation
of the Commission.
Without this provision, persons convicted of election offenses committed by them for the
benefit of the party in power might be undeservedly relieved of their penalties by a
grateful administration.
Section 6-8
Party System
Importance of registration of a political party
1. Registration confers juridical personality on the party.
2. It informs the public of the party's existence and ideals.
3. It identifies the party and its officers for purposes of regulation by the COMELEC.
Sec. 7:
General Rule: No votes cast in favor of a political party, organization, or coalition shall be valid
Exception: Those registered under the party-list system.

Sec. 8: Political parties, organizations, or coalitions registered under the party-list system shall
have no right to be represented in Various Boards:
1. Voters registrations boards
2. Boards of election inspectors
3. Boards of canvassers
4. Other similar bodies.
This will diminish the possibility of undeserving nominees winning on the strength alone
of the party to which they belong.
Poll Watchers
Political parties, etc. are entitled to appoint poll watchers in accordance with law.
Section 11
Funds
Funds certified by the COMELEC as necessary to defray the expenses for holding
regular and special elections, plebiscites, initiative, referenda and recalls, shall provided
in the regular or special appropriations.
Funds should be certified by the COMELEC as necessary.
Release of funds
Once approved, funds should be released automatically upon certification by the
Chairman of COMELEC.

THE COMMISSION ON AUDIT

Section 1
Composition, Qualifications, Term
Composition:
1. Chairman
2. 2 Commissioners
Term:
1. 7 years (1st appointees) Chairman has 7 years, 1 Commissioner has 1-5 years while
another has 2-3 years)
2. Single term only, no reappointment
3. Appointment to vacancy: only for unexpired term of predecessor
Section 2
Powers and Functions
1. Examine, audit, and settle accounts pertaining to:
a. Revenue and receipts of funds or property; or
b. Expenditures and uses of funds or property
2. Conduct post-audit with respect to the ff:
a. Constitutional bodies, commissions, and offices granted fiscal autonomy
b. Autonomous state colleges and universities
c. GOCCs and their subsidiaries
d. Non-governmental entities receiving subsidies or equity, directly or
indirectly, from or through the government, which are required by law of
the granting of institution to submit to such audit.
3. COA may adopt measures, including temporary or special pre-audit, as may be
necessary, if COA finds internal control system of audited agencies as inadequate,
4. Keep the general accounts of the government, preserving vouchers and other
supporting papers pertaining thereto.
5.

Exclusive authority to define the scope of COAs audit and examination and to establish
the techniques and methods required therefor.

6. Promulgate accounting and auditing rules and regulations.

a. Including those for the prevention or disallowance of irregular,
unnecessary, excessive, extravagant, or unconscionable expenditures or
uses of government funds and properties.
b. Failure to comply with these rules can be a ground for disapproving the
payment of a proposed expenditure.
Limitations
COA can settle only LIQUIDATED ACCOUNTS or those accounts, which may be
adjusted simply by arithmetic process.
COA does not have the power to fix the amount of an unfixed or undetermined debt.
Prosecutors may still review accounts already settled and approved by COA for the
purpose of determining possible criminal liability. This is because COAs interest in such
accounts is merely administrative.

Sambeli v. Province of Isabela

Facts: An agreement was entered into by between the Province of Isabela and ECS
Enetrprises for the purchase of wheelbarrows, shovels and 1 set of radio communication
equipment. Out of the items delivered, a partial delivery was made. The Provincial Auditor
allowed the payment of only 50%, pending receipt of reply to the query to Price Evaluation
Division of COA.
A second delivery was made and payment of 50% was allowed by the Provincial Auditor.
Based on the findings of the Price Division of COA, there has been overpricing. ECS Enterprises
proposed a 10 % deduction on the unpaid balance. The Provincial Auditor forwarded the matter
to the COA Regional Director who affirmed the stand of the former.
Issue: Whether or not the CIA committed grave abuse of discretion in affirming the
decision of the Provincial Auditor and the Regional Director.
Held: The petition is dismissed. The COA just exercised its regulatory power vested by
the Constitution. It just adhered to the policy that government funds and property should be full
protected and conserved. that the authority extends to the accounts of all persons respecting
funds or properties received or held by them in any accountable capacity.
In the exercise of its jurisdiction, it determines whether or not the fiscal
responsibility that rests directly with the head and whether or not there has been loss or wastage
of government resources.
Section 3
Prohibited Exemptions
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
Commission on Audit.
Purpose: To prevent squandering and misappropriation of public funds
Section 4
Report
Annual report covering financial condition and operation of the Government is required
to be submitted to the President and the Congress
Purpose:
The President and the Congress shall be informed of the financial status of the
government
Will be useful in enabling to improve the financial operation of the government.