Constitutonal Law 1 - Chapter 13-18

CONSTITUTIONAL LAW 1 BALTEZA
Professor: Justice Agcaoili 1C
CHAPTER 13: THE CONSTITUTIONAL 11. The chairmen and members of all
COMMISSIONS these Commissions are subject to
certain disqualifications and
I. The Three Constitutional inhibitions calculated to strengthen
Commissions their integrity. (Id., Art. IX-A, Sec.
a. The Civil Service Commission
2)
b. The Commission on Elections
12. Finally, the Commissions can
c. The Commission on Audit
appoint their own officials and
II. Safeguards on Independence of the employees in accordance with Civil
Constitutional Commissions Service Law. (Id., Art. IX-A, Sec.4)
1. Created by the Constitution may not
be abolished by law (Art. IX-A,
Sec.1)
2. Each is expressly described as III. Disqualifications
independent (Ibid.) No Member of a Constitutional Commission
3. Has certain powers which cannot be shall, during his tenure, hold any other office or
withdrawn or reduced by law (Art. employment. Neither shall he engage in the
IX-B, C and D) practice of any profession or in the active
4. The chairmen and members of all management or control of any business which in
these Commissions may not be any way be affected by the functions of his office,
removed from office except by nor shall he be financially interested, directly or
impeachment. (Id. Art. IX, Sec. 2) indirectly, in any contract with, or in any
5. The chairmen and members of all franchise or privilege granted by the
these Commissions are given the Government, any of its subdivisions, agencies, or
fairly long term of seven years. (Id. instrumentalities, including government-owned
Art. IX-B, C and D, Sec. 1(2)) or controlled corporations or their subsidiaries.
6. The terms of office of the chairmen (Sec. 2, Article IX)
and members of all these
Commissions are staggered in such a  Purpose – compel the chairmen and
way as to lessen the opportunity for members to devote their full attention to
appointment of the majority of the the discharge of their duties and to
body by the same President. (Id.) remove any temptation to take advantage
7. The chairmen and members of all of their positions.
these Commissions may not be  The following are the disqualifications as
reappointed or appointed in an acting found in Sec. 2
capacity. (Id.) o Shall hold any other officer or
8. The salaries of the chairmen and employment
members of all these Commissions o Engage in the practice of any
are relatively high and may not be profession
decreased during their continuance o Or the active management or
in office. (Id., Art. IX-A, Sec. 3; Art. control of any business
XVIII, Sec. 17) o Not financially interested,
9. The Commissions shall enjoy fiscal directly or indirectly in any
autonomy. (Id., Art. IX-A, Sec. 5) contract with, or in any franchise
10. Each Commission may promulgate or privilege granted y, the
its own procedural rules. (Id., Art. Government, and any of its
IX-A, Sec. 7) subdivisions, agencies, or
Sources: Philippine Political Law, Isagani Cruz, 2014

instrumentalities, or GOCCs or o This is so that a vacancy will

their subsidiaries occur every two years
IV. Staggering of Terms  Purpose – to minimize the opportunity of
the President to appoint, during his term,
(2) The Chairman and the Commissioners shall
all the members of the ConComs.
be appointed by the President with the consent of
 Republic v. Imperia laid down the
the Commission on Appointments for a term of
requisites of the effective operation of the
seven years without reappointment. Of those first
rotational scheme:
appointed, the Chairman shall hold office for
o The original members shall
seven years, a Commissioner for five years, and
begin their terms on a common
another Commissioner for three years, without
date; and
reappointment. Appointment to any vacancy shall
o Any vacancy occurring before
be only for the unexpired term of the predecessor.
the expiration of the term shall
In no case shall any Member be appointed or
be filled only for the balance of
designated in a temporary or acting capacity.
such term.
(Art. IX-B, CSC)
o The result is that 1/3 of the
(2) The Chairman and the Commissioners shall positions in the Commissions
be appointed by the President with the consent of shall be vacated at regular
the Commission on Appointments for a term of intervals
seven years without reappointment. Of those first V. Reappointment
appointed, three Members shall hold office for  Republic v. Imperial
seven years, two Members for five years, and the
The Court stated that once appointed, regardless
last Members for three years, without
of the duration of his tenure, a member of the
reappointment. Appointment to any vacancy shall
Commission on Elections could no longer be
be only for the unexpired term of the predecessor.
reappointed, because of the express prohibition in
In no case shall any Member be appointed or
the Constitution. In this case, the Court ruled that
designated in a temporary or acting capacity.
in order to preserve the staggering of terms
(Art. IX-C, ComElec)
envisioned by the Constitution, if an incumbent
(2) The Chairman and the Commissioners shall died, then the successor should only serve the
be appointed by the President with the consent of remaining balance of the term of the predecessor,
the Commission on Appointments for a term of so that the vacancy occurring at regular intervals
seven years without reappointment. Of those first will not be ruined.
appointed, the Chairman shall hold office for
seven years, one Commissioner for five years,  Funa v. The Chairman, COA
and the other Commissioner for three years, In this case the Court, decided on the issue of
without reappointment. Appointment to any what constitutes a reappointment. The Court
vacancy shall be only for the unexpired portion of ruled that, the reappointment contemplated in the
the term of the predecessor. In no case shall any Constitution is an appointment that results in
Member be appointed or designated in a occupying the same position as one had before. In
temporary or acting capacity. (Art. IX-D, COA) the case at bar the, petition for quo warranto was
dismissed since, the reappointment done was one
 All members of the ConComs shall have
from Commissioner to Chairman. The Court also
a term of seven years, without
held that a President cannot shorten the term
reappointment, except the first
prescribed by the Constitution since this would,
appointees, in order to stagger the term
ruin the rotational scheme employed by the
 Term of original appointees:
o Three, five, and seven

Constitution regarding the terms of the Members  Elements of Proceedings

of the Constitutional Commissions. o Each Commission shall decide
any case or matter brought
VI. Other Prerequisites
before it by a majority of all its
SECTION 5. The Commission shall enjoy fiscal members
autonomy. Their approved annual o Within 60 days
appropriations shall be automatically and o A matter or case is deemed
regularly released. (Ar. IX-A) submitted for decision when, the
last pleading, brief, or
SECTION 6. Each Commission en banc may memorandum has been
promulgate its own rules concerning pleadings submitted
and practice before it or before any of its offices. o The aggrieved party can appeal
Such rules however shall not diminish, increase, to the Supreme Court through
or modify substantive rights. (Art. IX-A) certiorari
 Fiscal Autonomy (Sec. 5, Art. IX-A)  Procedure for certiorari
o Definition – Congress may not o For Comelec and COA – the
touch upon the fiscal mode of review is Rule 64 of the
independence of the Rules of Court
Constitutional Commissions o For CSC – R.A. 7902 has
 Rules of the Constitutional Commissions included that quasi-judicial
(Sec. 6, Art. IX-A) agencies whose awards,
o The Commissions can judgements, final orders, or
promulgate their own rules, resolutions are appealable to the
concerning pleading and CA under Rule 43 of the Rules of
practice, but such rules should Court.
not diminish substantive rights. o Only decisions of the ComElec
o Such rules shall remain effective en banc made in the exercise of
unless disapproved by the its adjudicatory and quasi-
Supreme Court. judicial power can be reviewed
VII. Proceedings by the SC. (Cayetano v.
ComElec.
Each Commission shall decide by a majority vote  Estrelle v. ComElec
of all its Members any case or matter brought
before it within sixty days from the date of its In this case, the Court held that:
submission for decision or resolution. A case or “For the foregoing reasons then, this Court
matter is deemed submitted for decision or hereby abandons the doctrine laid down in Cua
resolution upon the filing of the last pleading, and holds that the COMELEC En Banc shall
brief, or memorandum required by the rules of the decide a case or matter brought before it by a
Commission or by the Commission itself. Unless majority vote of “all its members,” and NOT
otherwise provided by this Constitution or by law, majority of the members who deliberated and
any decision, order, or ruling of each voted thereon. Estrella vs. Commission on
Commission may be brought to the Supreme Elections, 429 SCRA 789, G.R. No. 160465 May
Court on certiorari by the aggrieved party within 27, 2004”
thirty days from receipt of a copy thereof. (Sec. 7,
Art. IX-9)

CHAPTER 14: THE CIVIL SERVICE SECTION 2. (1) The civil service embraces all
COMMISSION branches, subdivisions, instrumentalities, and
agencies of the Government, including
I. Composition and Qualifications government-owned or controlled corporations
SECTION 1. (1) The Civil Service shall be with original charters. (Art. IX-B)
administered by the Civil Service Commission
 Corporations with original charters –
composed of a Chairman and two Commissioners
those created by a special law:
who shall be natural-born citizens of the
o GSIS
Philippines and, at the time of their appointment,
o SSS
at least thirty-five years of age, with proven
 Corporations which are subsidiaries of
capacity for public administration, and must not
these are not under the CSC.
have been candidates for any elective position in
 National Service Corporation v. NLRC
the elections immediately preceding their
appointment. (Art. IX-B) In this case, the Court ruled that the GOCCs
included in the Civil service are only those
The Chairman and the Commissioners shall be
corporations created by special law or granted
appointed by the President with the consent of the
legislative charters, and NOT ORGANIZED
Commission on Appointments for a term of seven
under the Corporation Code.
years without reappointment. Of those first
appointed, the Chairman shall hold office for  UP v. Dizon
seven years, a Commissioner for five years, and
another Commissioner for three years, without In this case, it was the contention of petitioners
reappointment. Appointment to any vacancy shall that the UP is a chartered institution and a
be only for the unexpired term of the predecessor. government instrumentality tasked with the
In no case shall any Member be appointed or constitutional mandate of quality education.
designated in a temporary or acting capacity. Based on this charter, the petitioners averred that
(Art. IX-B) the funds of the UP cannot be the subject of
execution since those funds are public property
i. Composition of the CSC and can only be appropriated by Congress. In this
a. 1 Chairman case, the said funds have been earmarked for a
b. 2 Commissioners construction project, then said funds were then set
ii. Qualifications for execution by the RTC, which the SC did not
a. Natural-born citizens agree with, and granted the petition of the UP.
b. At least 35 years of age
c. Proven capacity for public  GOCC
administration o Any agency organized as a stock
d. Not have been candidates in the or non-stock corporation, vested
immediately preceding elections with functions relating to public
prior to appointment. needs whether governmental or
iii. Staggering of Terms proprietary in nature, and owned
a. To lessen opportunity of by the Government directly or
President to appoint majority of indirectly in case of stock
the members corporations owning majority of
b. Ensure continuance of the body the stock.
c. Retains 2/3 of its membership  Government instrumentality
d. 1/3 is vacated every 2 years. o Any agency of the National
II. Scope of the Civil Service Government no integrated
within the department

framework, vested with some if eligibility prescribed, in

not all corporate powers, accordance with laws, rules, and
administering special funds, and standards.
enjoying operational autonomy, b. Temporary – meets all the
usually through a charter. requirements except, the
o Includes regulatory agencies, appropriate civil service
chartered institutions, and eligibility
GOCCs. i. Not to exceed 12months
 Government Agency ii. May be removed or
o Refers to any of the various units discontinued by the
of the Government, including a appointing power, at
department, bureau, office, will.
instrumentality, or GOCC, or a  General v. Urro
local government, or a distinct
Classification of Appointments:
unit therein.
Appointments may be classified into two: first, as
Positions in the Civil Service
to its nature; and second, as to the manner in
 Career service which it is made. Under the first classification,
o Entrance based on merit and appointments can either be permanent or
fitness to be determined by temporary (acting). A basic distinction is that a
competitive examinations permanent appointee can only be removed from
o Opportunity for advancement to office for cause; whereas a temporary appointee
higher positions can be removed even without hearing or cause.
o Security of tenure Under the second classification, an appointment
 Non-career service can either be regular or ad interim. A regular
o Entrance in the bases of other appointment is one made while Congress is in
than those of the usual tests of session, while an ad interim appointment is one
merit and fitness utilized for the issued during the recess of Congress. In strict
career service terms, presidential appointments that require no
o Tenure confirmation from the Commission on
 Specified by law Appointments cannot be properly characterized
 Coterminous with as either a regular or an ad interim appointment.
appointing power
Purpose of Temporary Appointments
 Project based
III. Appointments The purpose of an acting or temporary
appointment is to prevent a hiatus in the discharge
Sec. 1 (2) Appointments in the civil service shall
of official functions by authorizing a person to
be made only according to merit and fitness to be
discharge those functions pending the selection of
determined, as far as practicable, and, except to
a permanent or another appointee. An acting
positions which are policy-determining,
appointee accepts the position on the condition
primarily confidential, or highly technical, by
that he shall surrender the office once he is called
competitive examination. (Art. IX-B)
to do so by the appointing authority. His term is
i. Classification of Appointments at the pleasure of the appointer.
a. Permanent – meets all the
requirements for the position to
which he is being appointed,
including the appropriate

ii. Exceptions to the Competitive o Pending administrative

Examinations investigation
a. Policy determining positions – o Not exceed 90days if he is not a
one charged with the laying presidential appointee unless the
down of principal or delay in the conduct of the probe
fundamental guidelines or rules, is imputable to him
such as that of a head of a  General v. Urro
department.
b. Primarily confidential The purpose of an acting or temporary
positions – appointment is to prevent a hiatus in the
i. one denoting not only discharge of official functions by authorizing a
confidence in person to discharge those functions pending the
competence of the selection of a permanent or another appointee. An
appointee acting appointee accepts the position on the
ii. but a close relationship condition that he shall surrender the office once
with the appointing he is called to do so by the appointing authority.
power Therefore, his term of office is not fixed but
iii. which ensures freedom endures at the pleasure of the appointing
of communication authority.
without embarrassment  PAGCOR v. Angara
or freedom from o Meaning and substance of
misgivings or betrayals security of tenure
of personal trust on
confidential matters of “The normal consequences of a finding that an
state. employee has been illegally dismissed are, firstly,
iv. It functions must not be that the employee becomes entitled to
routinary, ordinary, and reinstatement to his former position without loss
day to day in character. of seniority rights and, secondly, the payment of
c. Highly technical position back wages corresponding to the period from his
i. Must possess technical illegal dismissal up to actual reinstatement. The
skill or training in the rationale therefor is clearly obvious.
superior degree. Reinstatement restores the employee to the
 PAGCOR v. Angara position from which he was removed, i.e., to his
status quo ante dismissal, while the grant of back
An executive or legislative declaration that a wages allows the same employee to recover from
position is primarily confidential, highly the employer that which he lost by way of wages
technical or policy determining is not conclusive because of his dismissal. These twin remedies of
upon the courts, the true test being the nature of reinstatement and payment of back wages make
the position. These employees have security of whole the dismissed employee, who can then
tenure and are exempt from the CSC look forward to continued employment. These
examination. two remedies give meaning and substance to the
IV. Security of Tenure constitutional right of labor to security of tenure.
Section 2 (3) No officer or employee of the civil  CSC v. CA

service shall be removed or suspended except for The Civil Service Commission shall hear and
cause provided by law. (Art. IX-B) decide administrative cases instituted by, or
 Preventive Suspension brought before it, directly or on appeal, including

contested appointments, and shall review thus there actually no separation or dismissal
decisions and actions of its offices and of the such that these concepts imply that there is an
agencies attached to it. Except as otherwise office to be separated from. However, the Court
provided by the Constitution or by law, the Civil asserts that, reorganizations abolishing an office
Service Commission shall have the final authority would only be valid if it passes the test of good
to pass upon the removal, separation and faith. A Reorganization carried out in good faith
suspension of all officers and employees in the must have for its purpose the efficiency of both
civil service and upon all matters relating to the the economy and bureaucracy. In this case, there
conduct, discipline and efficiency of such officers is lack of good faith such that there is no showing
and employees. that legitimate structural changes were made,
only that personnel were reduced. Thus, it cannot
 PCSO v. Lapid be said that it was done by reason of economy or
o Casual employment redundancy of functions. Thus, since there is lack
The rule is still that casual employment will cease of good faith, there is no valid reorganization that
automatically at the end of the period unless would allow the “separation” of the petitioners, in
renewed as stated in the Plantilla of Casual keeping with their security of tenure. The act of
Employment. Casual employees may also be reorganization of the Bureau of Customs
terminated anytime though subject to certain dismissing Dario is unconstitutional.
conditions or qualifications with reference to the V. Partisan Political Activity
abovequoted CSC Form No. 001. Thus, they may
be laid-off anytime before the expiration of the Sec. 1 (3) No officer or employee of the Civil
employment period provided any of the following Service shall engage, directly or indirectly in any
occurs: (1) when their services are no longer electioneering or partisan political campaign.
needed; (2) funds are no longer available; (3) (Art. IX-B)
the project has already been
 Partisan Political Activity
completed/finished; or (4) their performance
o Active support for or affliation
are below par
with the cause of a political party
o Security of Tenure or candidate.
 Purpose of prohibition
Section 2(3), Article IX-B of the Constitution
o To prevent the members of the
provides that “no officer or employee of the civil
civil service from using the
service shall be removed or suspended except for
resources of the government for
cause provided by law.” Apparently, the Civil
the benefit of their candidates;
Service Law echoes this constitutional edict of
o To insulate them from political
security of tenure of the employees in the civil
retaliation from winning
service. Thus, Section 46 (a) of the Civil Service
candidates they have opposed or
Law provides that “no officer or employee in the
did not support.
Civil Service shall be suspended or dismissed
 De Los Santos v. Yatco
except for cause as provided by law after due
o Exemptions from prohibitions
process.”
In this case the Court ruled that the Secretary of
 Dario v. Mison
National Defense was sough to be restrained from
o Separation without cause
conducting a house-to-house campaign on behalf
o Reorganization
of the administration during the 1959 elections,
In line with this, the Court maintains that but the claimed that he was not covered on the
reorganization entails that an office is abolished, ban on Partisan Political Activity. The Supreme
Court ruled in his favor, citing that in the

Constitutional Convention a delegate moved for demands. As now provided under Sec. 4, Rule III
the inclusion of Cabinet members but was of the Rules and Regulations to Govern the
defeated. The Convention held that Cabinet Exercise of the Right of Government-Employees
members are supposed to be the alter ego of the to Self-Organization, which took effect after the
President and that their appointment is instant dispute arose, “[t]he terms and conditions
particularly for the political influence that the of employment in the government, including any
President exerts on them. political subdivision or intrumentality thereof and
government-owned and controlled corporations
As based on this ruling, all public officers and
with original charters are governed by law and
employees holding political offices are now
employees therein shall not strike for the purpose
permitted to take part in political and electoral
of securing changes thereof.”
activities.
 GSIS v. Kapisanan
 Quinto v. CSC o Right of government employees
o Exemptions to prohibition
to form organizations is limited
o Appointive v. elective
to formation of unions or
In this case, the Court differentiated the strict ban associations.
on the prohibition against partisan political
Employees in the public service may not engage
activity, especially with regards to Appointive
in strikes or in concerted and unauthorized
and Elective public officials. Here the Court held
stoppage of work; that the right of government
that the prohibition only applies to civil servants
employees to organize is limited to the formation
holding apolitical offices. This means that
of unions or associations, without including the
elective officials are not covered by the
right to strike.—It was against the backdrop of the
prohibition, for the very nature of elective offices
aforesaid provisions of the 1987 Constitution that
are political in nature.
the Court resolved Bangalisan v. Court of
VI. Self-organization Appeals, 276 SCRA 619 (1997). In it, we held,
citing Manila Public School Teachers
Sec. 2 (5) The right to self-organization shall not Association (MPSTA) v. Laguio, Jr., 200 SCRA
be denied to government employees. (Art. IX-B) 323 (1991), that employees in the public service
 SSSEA v. CA may not engage in strikes or in concerted and
o Right to strike of government unauthorized stoppage of work; that the right of
employees government employees to organize is limited to
the formation of unions or associations, without
Government employees may, therefore, through including the right to strike.
their unions or associations, either petition the
Congress for the betterment of the terms and VII. Disqualifications
conditions of employment which are within the SECTION 7. No elective official shall be eligible
ambit of legislation or negotiate with the for appointment or designation in any capacity to
appropriate government agencies for the any public office or position during his tenure.
improvement of those which are not fixed by law.
If there be any unresolved grievances, the dispute Unless otherwise allowed by law or by the
may be referred to the Public Sector Labor- primary functions of his position, no appointive
Management Council for appropriate action. But official shall hold any other office or employment
employees in the civil service may not resort to in the Government or any subdivision, agency or
strikes, walkouts and other temporary work instrumentality thereof, including government-
stoppages, like workers in the private sector, to owned or controlled corporations or their
pressure the Government to accede to their subsidiaries.

(Art. IX-B) US 303 (1999), it specifically identified the

persons who are affected by this prohibition as
 Civil Liberities Union v. Executive secretaries, undersecretaries and assistant
Secretary secretaries; and categorically excluded public
o Cabinet members may only hold officers who merely have the rank of secretary,
any other office or employment undersecretary or assistant secretary. Another
so long that the Constitution point of clarification raised by the Solicitor
allows it. General refers to the persons affected by the
Thus, while all other appointive officials in the constitutional prohibition. The persons cited in
civil service are allowed to hold other office or the constitutional provision are the “Members of
employment in the government during their the Cabinet, their deputies and assistants.” These
tenure when such is allowed by law or by the terms must be given their common and general
primary functions of their positions, members of acceptation as referring to the heads of the
the Cabinet, their deputies and assistants may do executive departments, their undersecretaries and
so only when expressly authorized by the assistant secretaries. Public officials given the
Constitution itself. In other words, Section 7, rank equivalent to a Secretary, Undersecretary, or
Article IX-B is meant to lay down the general rule Assistant Secretary are not covered by the
applicable to all elective and appointive public prohibition, nor is the Solicitor General affected
officials and employees, while Section 13, Article thereby. (Italics supplied.) It is clear from the
VII is meant to be the exception applicable only foregoing that the strict prohibition under Section
to the President, the Vice-President, Members of 13, Article VII of the 1987 Constitution is not
the Cabinet, their deputies and assistants. applicable to the PCGG Chairman nor to the
CPLC, as neither of them is a secretary,
 Public Interest Center v. Elma undersecretary, nor an assistant secretary, even if
o Incompatible offices the former may have the same rank as the latter
positions.
An incompatibility exists between the positions
of the PCGG Chairman and the CPLC. The duties  People v. Sandiganbayan
of the CPLC include giving independent and o Temporary disqualification
impartial legal advice on the actions of the heads
of various executive departments and agencies The Sandiganbayan, Fourth Division held that the
and to review investigations involving heads of qualifications for a position are provided by law
executive departments and agencies, as well as and that it may well be that one who possesses the
other Presidential appointees. The PCGG is, required legal qualification for a position may be
without question, an agency under the Executive temporarily disqualified for appointment to a
Department. Thus, the actions of the PCGG public position by reason of the one-year
Chairman are subject to the review of the CPLC. prohibition imposed on losing candidates.
However, there is no violation of Article 244 of
Section 7, Article IX-B of the 1987 Constitution the Revised Penal Code should a person suffering
applies in general to all elective and appointive from temporary disqualification be appointed so
officials, Section 13, Article VII, thereof applies long as the appointee possesses all the
in particular to Cabinet secretaries, qualifications stated in the law. There is no basis
undersecretaries and assistant secretaries. In the in law or jurisprudence for this interpretation. On
Resolution in Civil Liberties Union v. Executive the contrary, legal disqualification in Article 244
Secretary, 194 SCRA 317 (1991), this Court of the Revised Penal Code simply means
already clarified the scope of the prohibition disqualification under the law. Clearly, Section 6,
provided in Section 13, Article VII of the 1987 Article IX of the 1987 Constitution and Section
Constitution. Citing the case of US v. Mouat, 124 94(b) of the Local Government Code of 1991

prohibits losing candidates within one year after ineptly performing his duties in
such election to be appointed to any office in the all of them because of lack of
government or any government-owned or devotion of proper time.
controlled corporations or in any of their o EXCEPTION – when the law
subsidiaries. allows him to receive extra
compensation for services
Legal disqualification cannot be read as
rendered in another positions
excluding temporary disqualification in order to
which is an extension or
exempt therefrom the legal prohibitions under the
connected with his basic work;
1987 Constitution and the Local Government
ex officio positions.
Code of 1991. This provision does not apply to
 Veloso v. Commission on Audit
losing candidates of barangay elections.
o Retirement remuneration as
VIII. Standardization of Compensation double compensation
SECTION 5. The Congress shall provide for the There is nothing wrong with the local
standardization of compensation of government government granting additional benefits to the
officials and employees, including those in officials and employees. The laws even
government-owned or controlled corporations encourage the granting of incentive benefits
with original charters, taking into account the aimed at improving the services of these
nature of the responsibilities pertaining to, and employees. Considering, however, that the
the qualifications required for their positions. payment of these benefits constitute
(Art. IX-B) disbursement of public funds, it must not
contravene the law on disbursement of public
IX. Double Compensation funds.
SECTION 8. No elective or appointive public As clearly explained by the Court in Yap v.
officer or employee shall receive additional, Commission on Audit,40 the disbursement of
double, or indirect compensation, unless public funds, salaries and benefits of government
specifically authorized by law, nor accept without officers and employees should be granted to
the consent of the Congress, any present, compensate them for valuable public services
emolument, office, or title of any kind from any rendered, and the salaries or benefits paid to such
foreign government. officers or employees must be commensurate
Pensions or gratuities shall not be considered as with services rendered. In the same vein,
additional, double, or indirect compensation. additional allowances and benefits must be
(Art. IX-B) shown to be necessary or relevant to the
fulfillment of the official duties and functions of
the government officers and employees. Without
this limitation, government officers and
 Purpose of prohibition
employees may be paid enormous sums without
o To inform the people of the exact
limit or without justification necessary other than
amount a public functionary is
that such sums are being paid to someone
receiving from the government,
employed by the government. Public funds are
so they can demand
the property of the people and must be used
commensurate service.
prudently at all times with a view to prevent
o To prevent the public
dissipation and waste.
functionary from dividing his
time among the several positions Undoubtedly, the above computation of the
concurrently held by him, and awardees’ reward is excessive and tantamount to

double and additional compensation. This cannot authorized by law, is considered a “constitutional
be justified by the mere fact that the awardees curb” on the spending power of the
have been elected for three (3) consecutive terms government.―Clearly, the only exception for an
in the same position. Neither can it be justified employee to receive additional, double and
that the reward is given as a gratuity at the end of indirect compensation is where the law allows
the last term of the qualified elective official. The him to receive extra compensation for services
fact remains that the remuneration is equivalent rendered in another position which is an
to everything that the awardees received during extension or is connected with his basic work.
the entire period that he served as such official. The prohibition against additional or double
compensation, except when specifically
Indirectly, their salaries and benefits are doubled,
authorized by law, is considered a “constitutional
only that they receive half of them at the end of
curb” on the spending power of the government.
their last term.
CHAPTER 15: COMELEC
The purpose of the prohibition against additional
or double compensation is best expressed in Composition and Qualifications
Peralta v. Auditor General,42 to wit:
 Composed of the Chairman and Six
“This is to manifest a commitment to the Commissioners
fundamental principle that a public office is a  Qualifications:
public trust. It is expected of a government o Natural-born citizens of the
official or employee that he keeps uppermost in Philippines
mind the demands of public welfare. He is there o At the time of their appointment,
to render public service. He is of course entitled at least thirty-five years of age
to be rewarded for the performance of the o Holders of a college degree
functions entrusted to him, but that should not be o Must not have been candidates
for any elective positions in the
the overriding consideration. The intrusion of the
immediately preceding elections
thought of private gain should be unwelcome.
 A majority thereof, including the
The temptation to further personal ends, public Chairman, shall be members of the
employment as a means for the acquisition of Philippine Bar who have been engaged in
wealth, is to be resisted. That at least is the idea. the practice of law for at least ten years
There is then to be an awareness on the part of the
officer or employee of the government that he is
to receive only such compensation as may be Powers and Functions
fixed by law. With such a realization, he is 1. Enforcement of election laws
expected not to avail himself of devious or
circuitous means to increase the remuneration SECTION 2 (1): “The Commission on Elections
attached to his position.” shall xxx [e]nforce and administer all laws and
regulations relative to the conduct of an election,
 Dimagiba v. Espatero plebiscite, initiative, referendum, and recall”
o Remuneration for services
rendered in connection to an  Such authority includes:
extension of his basic office is o Promulgate rules and regulations
not allowed, unless a law for the implementation of
provides for such remuneration election laws.
o Power to Ascertain identity of a
Administrative Law; Double Compensation; political party and its legitimate
The prohibition against additional or double officer.
compensation, except when specifically

o By virtue of such authority, the proclamation of the winning candidates. A

COMELEC can require “manifest error” is one that is visible to the eye or
compliance with the rules for the obvious to the understanding. The COMELEC
filing of certificates of may also take cognizance of pre-proclamation
candidacy, prevent or prosecute controversies.
election offenses, supervise the
registration of voters and the Talaga v. COMELEC – The only time that a
holding of the polls, and see to second placer is allowed to take the place of a
tie that the canvass of the voters disqualified winning candidate is when two
and the proclamation of the requisites concur, namely: (a) the candidate who
winners are done in accordance obtained the highest number of votes is
with law. disqualified; and (b) the electorate was fully
o Such authority includes the
aware in fact and in law of that candidate’s
power to annul an illegal registry
of overs to cancel a proclamation disqualification as to bring such awareness within
made by the board of canvassers the realm of notoriety but the electorate still cast
on the basis of irregular or the plurality of the votes in favor of the ineligible
incomplete canvass, and even to candidate.
oust the candidate proclaimed
notwithstanding that he had
already assumed office. It may Labo v. COMELEC – The electorate may be said
also reject nuisance candidates. to have waived the validity and efficacy of their
o Power to annul an entire votes by notoriously misapplying their franchise
municipal election on the ground
or throwing away their votes, in which case the
of post-election terrorism.
eligible candidate with the second highest
 Power to promulgate rules and
regulations for the implementation of number of votes may be deemed elected.
election laws – The Commission may
promulgate riles and regulations for the
implementation of election laws. Such Cayat v. COMELEC – In the subsequent
power is deemed implicit in the power to decisions of the SC, it made clear that its earlier
implement regulations. ruling holding that the 2nd placer cannot be
 Power to Ascertain identity of a proclaimed winner if the 1st placer is disqualified
political party and its legitimate officer or declared ineligible should be limited to
– The power to enforce and administer situations where the certificate of candidacy of
laws relative to the conduct elections, the 1st was valid at the time of filing but
decide all questions affecting elections,
subsequently had to be cancelled because of a
register and regulate political parties, and
ensure orderly elections, include the violation of law that took place, or a legal
ascertainment of the identity of political impediment that took effect, after the filing of the
party and its legitimate officers. The certificate of candidacy. If a certificate of
regular courts have no jurisdiction to candidacy void ab initio is cancelled one day or
entertain a petition to enjoin the more after the elections, all votes for such
construction of public works projects candidate should also be stray votes because the
within 45 days before an election. certificate of candidacy is void from the
Aratea v. COMELEC – The COMELEC may beginning. This, according to the SC, is the more
order the correction of manifest errors in the equitable and logical approach on the effect of the
tabulation or tallying of results during the cancellation of a certificate of candidacy that is
canvassing and petitions for this purpose may be void ab initio.
filed directly with the Commission even after a

Maquiling v COMELEC – The winning candidate  Execution pending appeal –

was disqualified on the ground of lack of The COMELEC cannot deprive
citizenship, the SC pronounced that “the popular the RTC of its competence to
vote does not cure the ineligibility of a order execution of judgment
candidate”. pending appeal, because the
mere filing of appeal does not
2. Decision on election contests divest the trial court of its
jurisdiction over a case and the
SECTION 2 (2): “Exercise original jurisdiction authority to resolve pending
over all contests relating to the elections, returns, incidents.
and qualifications of all elections, returns, and  Congressional candidate – The
qualifications of all elective regional provincial, general rule is that the
and city officials, and appellate jurisdiction over proclamation of a congressional
all contests involving elective municipal officials candidate divests COMELEC
decided by trial courts of general jurisdiction, or of jurisdiction in favor of the
involving elective barangay officials decided by proper Electoral Tribunal –
trial courts of limited jurisdiction” unless the proclamation was
valid.
“Decisions, final orders, or rulings of the  Plebiscites – the
Commission on elections contests involving COMELEC has
elective municipal and barangay offices shall be jurisdiction over cases
final, executory, and not appealable” involving plebiscites.
 Power to punish
 Powers under this section: contempt – The power to
o Exclusive original jurisdiction over punish contempt can be
all contests relating to the election, exercised only in
returns, and qualifications of all connection with judicial
elective regional provincial and city functions and not
officials administrative
 Exclusive jurisdiction over pre- functions.
proclamation cases  These cases may be appealed to the SC in
o Appellate jurisdiction over all petition for certiorari, which is limited to
contests involving elective municipal questions of law involving grave abuse of
officials decided by trial courts of discretion of lack or excess of
general jurisdiction, or involving jurisdiction
elective barangay officials decided by  This power carries with it the grant of all
trial courts of limited jurisdiction other powers necessary, proper, or
 Power to issue writs – The incidental to the effective and efficient
appellate jurisdiction includes, exercise of the power expressly granted
by virtue of Section 50 of BP
967, the power to issue writs of
certiorari, prohibition and Sobejana-Condon v. COMELEC – Since
mandamus. The COMELEC has there is no law which sets any limit upon the
the power to review decisions of Commission en banc on its resolution of
municipal courts on municipal motions for reconsideration pending before
election contests. it, there would be nothing to prevent the body
 Period to appeal from RTC – from directly adjudicating the substantive
Appeal tot eh COMELEC from merits of an appeal after ruling for its
the RTC must be filed within 5 reinstatement instead of remanding the same
days from receipt of a copy of to the division that initially dismissed it.
the decision.

o The SC held that the contempt

power conferred upon the
3. Decision of administrative questions COMELEC by law was an
SECTION 2 (3): “Decide, except those involving inherently judicially prerogative
and could not be exercised by it
the right to vote, all questions affecting elections,
in connection with the discharge
including determination of the number and of its purely routinary or
location of polling places, appointment of administrative duties, as
election officials and inspectors and registration distinguished from quasi-
of voters” judicial duties.
 Ascertains the establishment of precincts
 The designation of polling places 4. Deputation of law-enforcement agencies
 The purchase of election paraphernalia
 The appointment of election officials SECTION 2 (4): “Deputize, with the concurrence
 The registration of voters of the President, law-enforcement agencies and
 The conduct of elections in general instrumentalities of the Government, including
Guevara v. COMELEC – The contempt power the Armed Forces of the Philippines, for the
conferred upon the COMELEC by law was n exclusive purpose of ensuring free, orderly,
inherently judicial prerogative and could not be honest, peaceful, and credible elections”
exercise by it in connection with the discharge of
 This power may be exercised only with
its purely routinary or administrative duties, as the consent of the President
distinguished from its quasi-judicial duties.  The COMELEC, although expressly
declared to the independent by the
Constitution, is subordinated to the
Bedol v. COMELEC – The COMELEC’s president
investigating of reports on electoral fraud was  This power may be exercised only with
fact-finding act relevant to its quasi-judicial the consent of the President, or
power. negatively stated, may not be exercised
without his permission.
 Such power comes within its quasi-
judicial authority and may be validly
exercised as incidental to its powers of 5. Registration of pol parties
regulation. SECTION 2 (5): “Register, after sufficient
 Questions on right to vote publication, political parties, organizations, or
o The COMELEC cannot decide
coalitions which, in addition to other
the right to vote, which refers to
the inclusion or exclusion of requirements, must present their platform and
voters program of government; and accredit citizens’
 Change in polling places arms of the Commission on Elections. Religious
o While changes in the location of dominations and sects shall not have registered.
polling places may be initiated Those which seek to achieve their goals through
by the written petition of the violence or unlawful means, or refuse to uphold
majority of the voters, or by and adhere to this Constitution, or which are
agreement of all the political supported by any foreign government shall
parties, ultimately, it is the likewise be refused registration”
COMELEC that determines
whether a change is necessary
after due notice and hearing

“Financial contributions from foreign  Stating its desire to

government and their agencies to political parties, participate in the party-
organizations, coalitions or candidates related to list system
elections, constitute interference in national  Constitution
affairs, and, when accepted, shall be an additional  By-laws
ground for the cancellation of their registration  Platform or program of
government
with the Commission, in addition to other
 List of officers
penalties that may be prescribed by law”
 Coalition agreement
 Other relevant
information
 Gives political parties political identity o Sectors shall include:
and juridical personality  Labor
 Enables the COMELEC to determine if  Peasant
the party seeking registration is  Fisher folk
entitled thereto  Urban poor
 Purely administrative in character  Indigenous
o Asses whether the party or  Cultural communities
organization possesses all of the  Elderly
qualifications and non of the  Handicapped
disqualifications  Women
o W/N it has complied with all of  Youth
the requirements for registration  Veterans
and accreditation  Overseas workers
 Political Coalitions (A group of people,  Professionals
groups or countries who have joined  The Commission may motu proprio or
together for a common purpose) upon verified complaint of any interested
o “Political coalitions need to party, refuse or cancel, after due notice
register in accordance with the and hearing, the registration of any
established norms and national, regional or sectoral party,
procedures, if they are to be organization or coalition if it is:
recognized as such and be given o A religious sect or
the benefits accorded by law to denomination, organization or
registered coalitions” association organized for
 Political Party – an organized group of religious purposes
citizens advocating an ideology or o Advocates violence or unlawful
platform, principles and policies for the means to seek its goal
general conduct of government o A foreign party, or organizations
 Sectoral Party – an organized group of o It receives support from any
citizens belonging to any of the sectors foreign government
enumerated in Section 5 hereof whose o Foreign political party,
principal advocacy pertains to the special foundation, organization
interests and concerns of their sector o Violates or fails to comply with
 Filing with the COMELEC laws, rules or regulations
o Not later 90 days before the relating to elections
election o Declares untruthful statements in
o Petition verified by its the petition
president or secretary o It has ceased to exist for at least
1 year
o Fails to participate in the last 2
preceding elections

 The Commission may cancel a o Allows the COMELEC to refuse

certificate of registration issue in favor to give due course to certificates
of a political party, despite the finality of nuisance candidates
of the said registration, as its resolution o Assures equal treatment for all
granting said registration cannot create in candidates under the rule “bona
favor of the party a “perpetual and fide candidates for any public
indefeasible right to its accreditation as a office shall be free from any
party-list organization” form of harassment and
 For the COMELEC to validly exercise discrimination”
its statutory power to cancel the  The required reports
registration of a party-list group, the o Bases of legislation that may
law imposes only 2 conditions: improve the conduct of future
o Due notice and hearing is elections
afforded to the party-list group o Used for the purpose of
concerned determining certain questions
o Any of the enumerated grounds relative to election contests or to
for disqualifications in section 6 the credentials of the candidates
exists. proclaimed elected
 “The determination of the persons who
must act on its behalf”
o The COMELEC may therefore Election period
resolve an intra-party leadership SECTION 9: “Unless otherwise fixed by the
dispute, in a proper case brought Commission in special cases, the election period
before it
shall commence ninety days before the day of
o Its jurisdiction extends to cases
election and shall end thirty days thereafter”
pertaining to party leadership
and the nomination of party-list  Allows for the completing of the
representatives electoral process within 30 days after the
day of the election
6. Improvement of Elections  May be changed in special cases
o There is a special election for the
SECTION 2 (7): “Recommend to the Congress President which should be called
effective measures to minimize election within 7 days after the
spending, including limitation of places where occurrence of the vacancy to be
propaganda materials shall be posted, and to filled and held not earlier than 45
prevent and penalize all forms of election frauds, nor later than 60 days from such
call
offenses, malpractices, and nuisance candidates”
 Campaign period
SECTION 2 (9): “Submit to the President and the o Cannot extend beyond election
Congress a comprehensive report on the conduct day
of each election, plebiscite, initiative, o Ends 2 days before the election
referendum, or recall” Peñera v. COMELEC – A candidate is liable for
election offenses only upon the start of the
 The Omnibus Election Code: campaign period. It declared that, “Any person
o Expanded the list of prohibited who files his certificate of candidacy within the
election practices period shall only be considered a candidate at the
o Changed the limitation on the start of the campaign period for which he filed his
expenses to be incurred by certificate of candidacy” and that “any unlawful
political parties or candidates
act or omission applicable to a candidate shall

take effect only upon the start of the campaign  To guarantee the proper conduct of
period”. election and other exercises calling for
the suffrages of the people
Party system Judicial review

SECTION 6: “A free and open party system shall  The court should refrain from utilizing
be allowed to evolve according to the free choice the corrective hand of certiorari to
of the people, subject to the provisions of this review, let alone nullify, the acts of the
Article” body
 The power of review by the SC is
SECTION 7: “No votes cast in favor of a political
available not only against decisions,
party, organization , or coalition shall be valid orders or ruling rendered by the
except for those registered under the party-list COMELEC in an election contest but
system as provided in this Constitution” also those relating to the exercise of its
quasi-judicial powers
 The usual privileges enjoyed by the
 The orders, ruling, and decisions
majority and minority parties under the
rendered or issued by the Commission en
old laws, such as representation in the
banc which may be the subjects of the
boards of election inspectors and the
SC’s power of review must be final and
board of canvassers, are now
made in the exercise of its adjudicatory
discontinued by Section 8:
or quasi-judicial powers
SECTION 8: “Political parties, or organizations
 Judgments or final orders or resolutions
or coalitions registered under the party-list
of the COMELEC may be brought by the
system, shall not be represented in the voters’ aggrieved party to the SC on certiorari
registration boards, boards of election inspectors,
boards of canvassers, or other similar bodies.
However, they shall be entitled to appoint poll CHAPTER 16: COMMISSION ON AUDIT
watchers in accordance with law”
I. Composition and Qualification
 Diminish to a considerable degree the
possibility of undeserving nominee There shall be a Commission on Audit composed
winning on the strength alone of the party of a Chairman and two Commissioners, who shall
to which they belong be natural-born citizens of the Philippines and, at
the time of their appointment, at least thirty-five
years of age, certified public accountants with not
Funds less than ten years of auditing experience, or
SECTION 11: “Funds certifies by the members of the Philippine Bar who have been
Commission as necessary to defray the expenses engaged in the practice of law for at least ten
years, and must not have been candidates for any
for holding regular and special elections,
elective position in the elections immediately
plebiscites, initiatives, referenda, and recalls,
preceding their appointment. At no time shall all
shall be provided in the regular and special Members of the Commission belong to the same
appropriations and, once approved, shall be profession.
released automatically upon certification by the
Chairman of the Commission” The Chairman and the Commissioners shall be
appointed by the President with the consent of the
Commission on Appointments for a term of seven
 To ensure the independence of years without reappointment. Of those first
COMELEC appointed, the Chairman shall hold office for

seven years, one Commissioner for five years, subsidiaries; and (d) such non-governmental
and the other Commissioner for three years, entities receiving subsidy or equity, directly or
without reappointment. Appointment to any indirectly, from or through the Government,
vacancy shall be only for the unexpired portion of which are required by law or the granting
the term of the predecessor. In no case shall any institution to submit to such audit as a condition
Member be appointed or designated in a of subsidy or equity. However, where the internal
temporary or acting capacity. (Art. IX-D, Section control system of the audited agencies is
1.) inadequate, the Commission may adopt such
measures, including temporary or special pre-
Composition audit, as are necessary and appropriate to
correct the deficiencies. It shall keep the general
- 1 Chairman accounts of the Government and, for such period
- 2 Commissioners as may be provided by law, preserve the vouchers
and other supporting papers pertaining thereto.
Qualifications
The Commission shall have exclusive authority,
- Natural-born citizen subject to the limitations in this Article, to define
- At least 35 years of age the scope of its audit and examination, establish
- CPA with at least 10 years of experience the techniques and methods required therefor,
in auditing and promulgate accounting and auditing rules
- Member of the IBP and practiced law for and regulations, including those for the
at least 10 years. prevention and disallowance of irregular,
unnecessary, excessive, extravagant, or
unconscionable expenditures, or uses of
Appointments
government funds and properties. (Art. IX-D,
Section 2)
- Appointed by the President with consent
of Commission on Appointments
- Seven-year term Public funds are derived mainly from taxes, fines
- No reappointment and loans contracted by the Government. All
- No temporary appointment or collections are required to be turned over to the
designation or in an acting capacity national treasury and accounted for in accordance
- At no time shall all the members be from with law and regulations. The Commission on
the same profession. Audit sees to it that this duty is duly performed
by the officers receiving these collections.
II. Powers and Functions
Powers of the COA
The Commission on Audit shall have the power,
authority, and duty to examine, audit, and settle - to examine, audit, and settle all accounts
all accounts pertaining to the revenue and pertaining to the revenue and receipts of,
receipts of, and expenditures or uses of funds and and expenditures or uses of funds and
property, owned or held in trust by, or pertaining property, owned or held in trust by, or
to, the Government, or any of its subdivisions, pertaining to, the Government, or any of
agencies, or instrumentalities, including its subdivisions, agencies, or
government-owned or controlled corporations instrumentalities, including government-
with original charters, and on a post-audit basis: owned or controlled corporations with
(a) constitutional bodies, commissions and original charters
offices that have been granted fiscal autonomy - on a post-audit basis: (a) constitutional
under this Constitution; (b) autonomous state bodies, commissions and offices that
colleges and universities; (c) other government- have been granted fiscal autonomy under
owned or controlled corporations and their this Constitution; (b) autonomous state

colleges and universities; (c) other 3. an unexpended balance of the amount

government-owned or controlled appropriated is available.
corporations and their subsidiaries; and 4. The duty to sign the warrant is merely
(d) such non-governmental entities ministerial
receiving subsidy or equity, directly or
indirectly, from or through the Riel v. Wright
Government, which are required by law
or the granting institution to submit to In this case, petitioner seeks a writ of Mandamus
such audit as a condition of subsidy or against respondent for the signing of the warrant
equity. to release to the petitioner his compensation due
- where the internal control system of the as a temporary. Respondent contends that such is
audited agencies is inadequate, the not tenable since the employment of such is no
Commission may adopt such measures, longer needed since Legislature has several
including temporary or special pre-audit, permanent employees in its employ. The Court
as are necessary and appropriate to held that:
correct the deficiencies.
- It shall keep the general accounts of the It is not for the Insular Auditor to say how many
Government and, for such period as may employees the Legislature should have or the
be provided by law, preserve the compensation which they would receive. That is
vouchers and other supporting papers a matter within the peculiar province of the
pertaining thereto. Legislature and for which its members are
responsible to their constituents. Write denied.
Exclusive Authority of the COA
Matute v. Auditor General
- to define the scope of its audit and
examination In this case, the petitioner was awarded for public
- establish the techniques and methods bidding. However, some aspects of third parties
required therefor changed and the petitioner sought an amendment
- promulgate accounting and auditing rules to said contract which was granted by the
and regulations, including those for the Purchasing Officer. The Auditor-General rejects
prevention and disallowance of irregular, the warrant. The Supreme Court held that:
unnecessary, excessive, extravagant, or
unconscionable expenditures, or uses of Under the law the Auditor-General has the right
government funds and properties. and power to judge the merits and legality of any
contract for supplies entered into by the
Release of Funds without Constitutional Commonwealth of the Philippines through the
Provision and Congressional Appropriation Purchasing Agent. The modification of the
contract of December 24, 1936 increasing the
Funds deposited into the national treasury cannot price of the meat to be delivered to the
be released without authority from the Government by one and a half centavos, is illegal
Constitution or by law. A warrant must be and void.
secured by the proper administrative official and
countersigned by the COA. The countersignature Furthermore, if, according to section 2, Article X
may be compelled if it can be shown that: of the Constitution, the Auditor-General has the
right and duty to examine, audit and settle all
1. the warrant has been legally drawn by the accounts pertaining to the revenues and receipts *
officer authorized to do so * * and to audit, in accordance with law, all
2. an appropriation to which the warrant expenditures of funds pertaining to the
may be applied exists by virtue of law Government * * * and to bring to the attention of
the proper administrative officer expenditures of

funds or property which, in his opinion, are unnecessary, excessive, extravagant or

irregular, unnecessary, excessive, or extravagant, unconscionable expenditures of government
then it is logical to conclude therefrom that the act funds. It has the power to ascertain whether the
of countersigning the treasury warrant with his public funds were utilized for the purposes for
signature is not a merely ministerial duty of the which they had been intended by law. The
Auditor-General, but a discretional power Constitution has made the COA the guardian of
authorizing him to determine whether or .not the public funds, vesting it with broad powers over
expenditure in question is irregular, unnecessary, all accounts pertaining to government revenue
excessive, or extravagant. and expenditures and the uses of public funds and
property including the exclusive authority to
This doctrine was strengthened in the present define the scope of its audit and examination,
constitution. This is known as the veto power of establish the techniques and methods for such
the Auditor-General which is taken from the review, and promulgate accounting and auditing
power to “examine, audit and settle” any account rules and regulations.
violating its own regulations “for the prevention
and disallowance of irregular, unnecessary, Claims Against the Government
excessive, extravagant, or unconscionable,
expenditures, or uses of government funds.” Any monetary claim against the Government
must first be filed with the COA, which must act
Thus, was affirmed in the case of Caltex v. COA: upon it upon 60 days. Thus, the ruling in Pacete
v. Chairman of COA.
There can be no doubt, however, that the audit
power of the Auditor General under the 1935 This contention is bereft of merit. Sec. 1 of
Constitution and the Commission on Audit under Commonwealth Act No. 327 provides:
the 1973 Constitution authorized them to
disallow illegal expenditures of funds or uses of Section 1. In all cases involving the settlement of
funds and property. Our present Constitution accounts or claims, other than those of
retains that same power and authority, further accountable officers, the Auditor General shall
strengthened by the definition of the COA’s act and decide the same within sixty (60) days,
general jurisdiction in Section 26 of the exclusive of Sundays and holidays, after their
Government Auditing Code of the Philippines presentation.
and Administrative Code of 1987. Pursuant to its
power to promulgate accounting and auditing In Carabao, Inc. v. Agricultural Productivity
rules and regulations for the prevention of Commission, G.R. No. L-29304, September 30,
irregular, unnecessary, excessive or extravagant 1970, 35 SCRA 224, the Court held that in case
expenditures or uses of funds, the COA of failure by the Auditor General to decide a
promulgated on 29 March 1977 COA Circular claim within sixty (60) days, a claimant’s remedy
No. 77-55. Since the COA is responsible for the is to institute mandamus proceedings to compel
enforcement of the rules and regulations, it goes the rendition of a decision by the Auditor
without saying that failure to comply with them General. The lapse of the sixty (60) day period
is a ground for disapproving the payment of the does not result in the automatic grant of the claim.
proposed expenditure. Nowhere in Commonwealth Act No. 327 can the
petitioner’s theory of automatic grant be inferred.
Yap v. COA
Decisions of the COA may be reviewed by the
In this case the Court elucidated further the Supreme Court under Rule 64 of the Rules of
powers of the COA: Court within 30 days from the receipt of the same.
COA is endowed with enough latitude to

determine, prevent and disallow irregular,

III. Prohibited Exemptions - Extraordinary means of removal

exercised by the legislature over a
No law shall be passed exempting any entity of selected number of officials to ensure the
the Government or its subsidiary in any guise highest care in their indictment and
whatever, or any investment of public funds, from conviction and the imposition of special
the jurisdiction of the Commission on Audit. (Art. penalties in case of a finding of guilt,
IX-D, Section 3.) taking into account the degree or nature
of the offense committed and the high
There shall be no exemption from the audit power status of the wrongdoer.
of the COA, unless public funds have transferred
to private funds. In such case the COA has no Impeachment of Late Chief Justice Renato C.
more jurisdiction. Corona
- He was appointed on May 17, 2010 or

CHAPTER 17: ACCOUNTABILITY OF
within a week after the May 10, 2010
PUBLIC OFFICERS
elections and less than two months before
CHAPTER 17
the expiration of President Arroyo’s
term.
“Public office is a public trust.”
- He was accused of culpable violation of
the Constitution and betrayal of the
- While perhaps belonging more
public trust for failing to disclose to the
appropriately to a political speech rather
public his statement of assets, liabilities
than the fundamental law, this hackneyed
and net worth.
statement nonetheless does not lose any
- He was tried and convicted by the Senate,
validity because of its triteness.
sitting as an Impeachment Court, which
- Constitutional precept that public office
imposed upon him the penalty of removal
is a public trust is the underlying
from office and disqualification to hold
principle for the relaxation of the
any office.
requirements of due process of law in
- The conviction was supported by 20 of
administrative proceedings.
the 23 Senators who heard and decided
the case as “Senator-Judges.”
Administrative offense – pertain to the character
- Although the impeachment complaint
of public officers and employees. Object sought
specified many charges regarding Chief
is not the punishment of the officer or employee
Justice Corona’s character and
but the improvement of public service and the
performance as the “leader” of the
preservation of public’s faith and confidence in
Supreme Court such as:
our government.
o His partiality and subservience
in cases involving the Arroyo
IMPEACHMENT
administration
o Failure to meet and observe the
- Method of national inquest into the
stringent standards under Article
conduct of public men
VIII, Section 7(3) of the
- A formal process whereby an official is
Constitution which states that, “a
charged and tried and, if convicted,
member of the Judiciary must be
removed from office.
a person of proven competence,
- “The power of the Congress to remove a
integrity, probity and
public official for serious crimes or
independence” in allowing the
misconduct as provided in the
SC to act on mere letters filed by
Constitution.”
counsel which caused the
- “Most formidable weapon in the arsenal
issuance of flip-flopping
of democracy.” – Corwin

decisions in final and executory 3. Members of the Supreme Court

cases 4. Members of the Constitutional
o In creating an excessive Commissions
entanglement with Mrs. Arroyo 5. Ombudsman
through her appointment of his
wife to office This list is exclusive and may not be increased or
o In discussing with litigants reduced by legislative enactment.
regarding cases pending before
the Supreme Court Power to impeach – essentially a non-legislative
- He was actually convicted for his failure prerogative and can be exercised by the Congress
to submit correct statement of assets, only within the limits of the authority conferred
liabilities and net worth (a culpable upon it by the Constitution.
violation of the Constitution and as a
betrayal of public trust). GROUNDS FOR IMPEACHMENT
o Some of the properties of
Respondent are not included in 1. Culpable violation of the Constitution –
his declaration of his assets, wrongful, intentional or willful disregard
liabilities, and net worth, in or flouting of the fundamental law
violation of the anti-graft and
corrupt practices act. 2. Treason – committed by any person who,
o Respondent is suspected of owing allegiance to the Government of
having accumulated ill-gotten the Philippines, levies war against it or
wealth, acquiring assets of high adheres to its enemies, giving them aid
values and keeping bank and comfort.
accounts with huge deposits
(among others, a 300-sq. meter 3. Bribery – committed by any public
apartment in the Fort in Taguig). officer who shall agree to perform an act,
- Late CJ Corona found his defense on the whether or not constituting a crime, or
judicial independence of the Supreme refrain from doing an act which he is
Court. officially required to do in consideration
- He claimed that the impeachment of any offer, promise, gift or present.
complaint was instituted at the instance
of a vindictive President Aquino because 4. Other high crimes – offenses which, like
of the Court’s ruling in the Hacienda treason and bribery, are of so serious and
Luisita case. enormous a nature as to strike at the very
- In the end, the evidence relied upon by life or the orderly workings of the
the Impeachment Court in convicting government.
him turned out to have come mostly from
no other source than himself when he 5. Graft and corruption – to be understood
formally disclosed details relevant to his in the light of the prohibited acts
many bank accounts and real properties enumerated in the Anti-Graft and
in the course of his lengthy monologue Corrupt Practices Act.
which he ended with his patently
premeditated walkout which many 6. Betrayal of Public Trust – a catch-all to
considered to have been, at the very least, cover all manner of offenses unbecoming
impolite if not downright arrogant. a public functionary but not punishable
by the criminal statutes. Like inexcusable
IMPEACHABLE OFFICERS negligence of duty, tyrannical abuse of
authority, breach of official duty by
1. President of the Philippines
2. Vice-President

malfeasance or misfeasance, cronyism, (5) No impeachment proceedings shall

favoritism, obstruction of justice. be initiated against the same official
more than once within a period of one
PROCEDURE year.
It is the House of Representatives alone that can An impeachment proceeding would be

initiate an impeachment case by a vote of at least considered as “initiated” upon the filing and
one-third of its members. On the other hand, the endorsement even of a baseless impeachment
sole power to try and decide such case is complaint.
conferred on the Senate, which can convict only
by a vote of at least two-thirds of its members. (6) The Senate shall have the sole power
to try and decide all cases of
SECTION 3. (1) The House of impeachment. When sitting for that
Representatives shall have the exclusive purpose, the Senators shall be on oath or
power to initiate all cases of affirmation. When the President of the
impeachment. Philippines is on trial, the Chief Justice
(2) A verified complaint for of the Supreme Court shall preside, but
impeachment may be filed by any shall not vote. No person shall be
Member of the House of Representatives convicted without the concurrence of
or by any citizen upon a resolution of two-thirds of all the Members of the
endorsement by any Member thereof, Senate.
which shall be included in the Order of
Business within ten session days, and (7) Judgment in cases of impeachment
referred to the proper Committee within shall not extend further than removal
three session days thereafter. The from office and disqualification to hold
Committee, after hearing, and by a any office under the Republic of the
majority vote of all its Members, shall Philippines, but the party convicted shall
submit its report to the House within nevertheless be liable and subject to
sixty session days from such referral, prosecution, trial, and punishment
together with the corresponding according to law.
resolution. The resolution shall be
calendared for consideration by the (8) The Congress shall promulgate its
House within ten session days from rules on impeachment to effectively
receipt thereof. carry out the purpose of this section.
The word “promulgate” must “be used in the
(3) A vote of at least one-third of all the context in which it is generally understood—that
Members of the House shall be necessary is, to make known.” It does not necessarily mean
either to affirm a favorable resolution to publish in the Official Gazette or in a
with the Articles of Impeachment of the newspaper of general circulation.
Committee or override its contrary
resolution. The vote of each Member 3 ways to file an impeachment complaint:
shall be recorded.
1) by a verified complaint for impeachment by
(4) In case the verified complaint or any member of the House of Representatives; or
resolution of impeachment is filed by at
least one-third of all the Members of the 2) by any citizen upon a resolution of
House, the same shall constitute the endorsement by any member (of the House of
Articles of Impeachment, and trial by the Representatives); or
Senate shall forthwith proceed.
3) by at least 1/3 of all the members of the House
of Representatives

departments, are proper subjects of judicial

Sections 16 and 17 of Rule V of the House review if tainted with grave abuse of discretion.
Impeachment Rules (of the 12th Congress)
THE SANDIGANBAYAN
Impeachment proceedings are deemed
initiated: Retained by the new constitution under the
provision of Article 11. Sec. 4
1) if there is a finding by the House Committee
on Justice that the verified complaint and/or “The present anti-graft court known as the
resolution is sufficient in substance; or Sandiganbayan shall continue to function and
exercise its jurisdiction as now or hereafter may
2) once the House itself affirms or overturns the be provided by law”
finding of the Committee on Justice that the Article 13 Sec 5. of the 1973 constitution, which
verified complaint and/or resolution is not called for the creation by Batasang Pambansa of
sufficient in substance; or a special court to be known as the Sandiganbayan.
3) by the filing or endorsement before the Sandiganbayan "shall have jurisdiction over civil
Secretary-General of the House of and criminal cases involving graft and corrupt
Representatives of a verified complaint or a practices and such other offenses committed by
resolution of impeachment by at least 1/3 of the public officers and employees, including GOCC,
members of the House in relation to their office as may be determined by
law"
JUDGMENT
It is clear from this provision that this tribunal is
charged with the direct responsibility of
(7) Judgment in cases of impeachment
maintaining morality, integrity and efficiency in
shall not extend further than removal
the public service.
from office and disqualification to hold
any office under the Republic of the The term is a Tagalog word meaning "support of
Philippines, but the party convicted shall the nation" implicit that the people can rely on
nevertheless be liable and subject to this body for the attainment of the specific goals
prosecution, trial, and punishment addressed to its attention.
according to law.
COMPOSITION OF SANDIGANBAYAN
A judgment of the Congress in an impeachment
proceeding is normally not subject to judicial It consists of a presiding justice and 14 associate
review because of the vesture in the Senate of the justices and has the same rank as the Court of
“sole power to try and decided all cases of Appeals. it sits in 5 divisions of three justices
impeachment.” But the courts may annul the each. who shall be necessary to constitute a
proceedings if there is a showing of a grave abuse quorum and whose unanimous vote shall be
of discretion committed by the Congress or of required for the pronouncement of judgment. Its
noncompliance with the procedural requirements decision may be brought on certiorari to the SC.
of the Constitution.
JURISDICTION OF SANDIGANBAYAN
The precise role of the judiciary in impeachment
cases is a matter of utmost importance to ensure Where the accused are officials, whether
the effective functioning of the separate branches permanent, acting or interim capacity to which
while preserving the structure of checks and the salary grade 27 is assigned, including among
balance in our government. Moreover, in this others;
jurisdiction, the acts of any branch or
instrumentality of the government, including - Regional Directors
those traditionally entrusted to the political - Governors

- Vice Governors whether in the exercise of own original

- Provincial Board Members jurisdiction or appellate jurisdiction.
- City Mayors
Section 4 of PD No 1606 further provides;
- Vice Mayors
- City Councilors Sandiganbayan "shall have exclusive original
- Army and Air Force Colonels jurisdiction over petitions for the issuance of the
- Naval Captains writs of mandamus, prohibition, certiorari,
- High Ranking Officers of the PNP habeas corpus, injunctions and other ancillary
- Prosecutors and their assistants writs and processes in aid of its appellate
- Presidents, Directors, Trustees or jurisdiction and over petitions of similar nature,
Managers of GOCC W.O.N they have including quo warranto arising in cases filed
original charters. provided that the jurisdiction over these petitions
- Members of Congress and official with shall not be exclusive of the SC. (under EO
SG27 and up 1,2,14, and 14-A.)
- Members of Judiciary Philippine Coconut Producers Federation Inc.
- Chairmen and members of ConCom w/o v. Republic of the PH
prejudice to the Constitution.
The SC, citing San Miguel Corporation v.
Also has an original jurisdiction over other Sandiganbayan, held that suits dealing with "the
offenses or felonies, whether simple or recovery of sequestered shares, property or
complexed with other crimes, committed by business enterprises claimed, as alleged in the
public officials and employees, where the penalty corresponding basic complaints, to be lll-gotten
prescribed by law is higher than prision assets of President Marcos, his cronies and
correcional or imprisonment for 6 years or a fine nominees and acquired by taking undue
of 6,000. advantage of relationships or influence and/or
through or as a result of improper use, conversion
Carandang v. Desierto or diversion of government funds or property"
SB may not exercise its jurisdiction against a clearly fall "within the unquestionable
general manager and chief operating officer of a jurisdiction of Sandiganbayan." According to
TV station, in which the government owned only court, sequestered shares are prima facie ill gotten
about 30% of the capital stock and therefore not wealth. the validation of their sequestration may
owned or controlled by the government. therefore be determined by the Sandiganbayan.
Azarcon v. Sandiganbayan OMBUDSMAN

neither may it exercise jurisdiction over private
hauling contractor to whom certain "distrained" A. COMPOSITION
property was entrusted by the BIR, who,
● An Ombudsman to be known as the
according to the SC, could not be considered as
having become a public officer simply by reason Tanodbayan
of his having been designated as custodian of said ● One over-all Deputy
"distrained" property. ● At least one Deputy each for Luzon,
Office of the Ombudsman v. Rodriguez Visayas and Mindanao
SB does not have jurisdiction over an assistant ● A separate Deputy each for Luzon,
regional director of the cooperative development Visayas and Mindanao
authority and a punong barangay because their
positions are classified below salary grade 27.
SB likewise possesses appellate jurisdiction over

final judgements, resolution or orders of RTC

B. QUALIFICATIONS During their tenure:

The Ombudsman and his Deputies must ● Shall not hold other office or
be: employment
● Shall not engage in the practice
1. Natural Born Citizens of the
of any profession or in the active
Philippines
management of control of any
2. At least 40 years of age business which in any way may
be affected by the functions of
3. Of recognized probity and
independence his office;
● Shall not be financially
4. Members of the Philippine Bar interested, directly or indirectly,
5. Must not have been candidates for an in any contract with, or in any
elective office in the immediately franchise or privilege granted by
preceding election. the Government, or any of its
subdivisions, etc;
The Ombudsman must have been a judge ● Shall not be qualified to run for
or engaged in the practice of law for ten any office in the election
years or more.
immediately succeeding their
C. APPOINTMENT cessation from office.
By the President from a list of at least six E. JURISDICTION

nominees prepared by the Judicial and
Bar Council, and from a list of at least How is the jurisdiction of the
three nominees for every vacancy Ombudsman over a person
thereafter. All vacancies to be filled in determined?
three months.
For purposes of determining the scope of
a. Term of Office: Seen years without
the jurisdiction of the Ombudsman, a
reappointment
public officer is one to whom some of the
b. Rank and Salary: The Ombudsman sovereign functions of the government
and his Deputies shall have the rank of has been delegated. (The National
Chairman and Members, respectively, of Centennial Commission performs
the Constitutional Commissions, and executive power which “is generally
they shall receive the same salary which defined as the power to enforce and
shall not be decreased during his term of administer laws. It is the power of
office. carrying the laws into practical operation
and enforcing their due observance.” The
c. Fiscal Autonomy: The Office of the executive function, therefore, concerns
Ombudsman shall enjoy fiscal the implementation of the policies as set
autonomy. forth by law. Laurel v. Desierto, 2002)
D. DISQUALIFICATIONS/INHIBITIO F. POWERS and DUTIES (See Section

NS 12 and 13 of Article XI)

1. Power to Investigate c. The respondent’s continued stay in

The power to investigate, including office would prejudice the case filed
preliminary investigation, belongs to the against him.
Ombudsman and not to the Special
The Ombudsman can impose the 6-
Prosecutor. (Acop v. Ombudsman, 1995)
month preventive suspension to all
Uy v. Sandiganbayan, 2001
public officials, whether elective or
It was held that under Sections 11 and 15, appointive, who are under investigation.
RA 6670, the Ombudsman is clothed On the other hand, in imposing the
with the authority to conduct preliminary shorter period of sixty (60) days of
investigation and to prosecute all preventive suspension prescribed in the
criminal cases involving public officers Local Government Code of 1991 on an
and employees, not only those within the elective local official (at any time after
jurisdiction of the Sandiganbayan, but issues are joined), it would be enough
those within the jurisdiction of regular that:
courts as well. The clause “any illegal act
a. There is reasonable ground to believe
or omission of any public official” is
that the respondent has committed the act
broad enough to embrace any crime
or acts complained or;
committed by a public officer or
employee. b. The evidence of culpability is strong;
Ombudsman’s Power to Investigate, Not c. The gravity of the offense so warrants;
Exclusive. While the Ombudsman’s or
power to investigate is primary, it is not
exclusive and, under the Ombudsman d. The continuance in office of the
Act of 1989, he may delegate it to others respondent could influence the witnesses
and take it back any time he wants to. or pose a threat to the safety and integrity
(Acop v. Ombudsman, 1995) of the records and other evidence. (Jose
Miranda v. Sandiganbayan, 2005)
2. Power to Suspend THE SPECIAL PROSECUTOR
Preventive Suspension. The power to
investigate also includes the power to The old Tanodbayan is now known as the Special
impose preventive suspension. Prosecutor but continues to be governed by PD
(Buenaseda v. Flavier, 1993) 1607. except where his powers have been
transferred by the Constitution to the
Suspension under the Ombudsman Act Ombudsman.
vis-àvis the Local Government Code: In
order to justify the preventive suspension SP is limited to and charged with the prosecution
of a public official under Section 24 of of graft and corruption cases.
RA 6770, the evidence of guilt should be
De Jesus v. People and Jardiel v. Comelec
strong, and: Held that the prosecution of election offenses is a
a. The charge against the officer or function belonging to comelec and may not be
employee should involve dishonesty, discharged by the Tanodbayan.
oppression or grave misconduct or
Orap v. Sandiganbayan
neglect in the performance of duty;
Held that SP may prosecute before the
b. That the charges should warrant Sandiganbayan judges accused of graft and
removal form the service; or corruption even if they come under the

supervision of the SC. But administrative charges Sec. 15. "The right of the State to recover
filed against them with the SC will defer the filing properties unlawfully acquired by public officials
of criminal charges based on the same offense by or employees, from them or from their nominees
the SP before the sandiganbyan. or transferees, shall not be barred by prescription,
laches, or estoppel."
Inting v. Tanodbayan
Held that Tanodbayan could review and reverse This provision applies only to civil cases for the
the findings of a city fiscal and order him to recovery of Ill-gotten wealth and not to criminal
withdraw certain charges filed by him. the cases, such as for violation of the provisions of
president's power of control over fiscals was in republic act 3019 or Anti-graft and corruption
this case exercised, not through the minister of practices act involving ill-gotten wealth.
justice, but through the Tanodbayan because the
cases involved offenses allegedly committed by a The prosecution of offenses involving ill-gotten
public functionary in connection with her office. wealth may be barred by prescription. of the
commission of the crime is known, the
Zaldivar v. Gonzales prescriptive period shall commence to run on the
Where the respondent who had been appointed day it was committed. the prescription shall be
Tanodbayan before the adoption of the 1987 interrupted when proceedings are instituted
constitution, claimed that he was the Ombudsman against the guilty person and shall begin to run
under the new charter, SC ruled that; again if the proceedings are dismissed for reasons
not constituting double jeopardy.
- Office of the Tanodbayan was converted The prescriptive period is 15 years as amended,
into the Office of the Special Prosecutor prior to amendment the prescriptive period is 10
and allowed to retain only such of its yrs.
powers as had not been transferred to the
Ombudsman. it is the office of the SP as Republic of the Philippines v. Desierto
reduced in status by the present charter Held that in cases pertaining to behest loans
that is now held by the respondent. obtained during the Marcos regime. the
- The Office of the Ombudsman was prescriptive period shall be reckoned from the
directly created by the self-executing discovery of such loans. "the reason for this is that
provision of Article 11, Section 6. of the the government, as aggrieved party, could not
present constitution. have known that those loans existed they were
- The respondent is not and never has been made. both parties to such loans supposedly
the Ombudsman under the present conspired to perpetrate fraud against the gov't.
constitution. they could only have been discovered after the
- The clear intention of the constitution is 1986 EDSA revolution when the people ousted
to vest the Ombudsman with more President Marcos from office. prior to that date
authority, prestige and importance and no person would have dared question the legality
reduce the Special Prosecutor to the rank or propriety of the loans."
of a mere subordinate of the former.
- Special prosecutor cannot claim to be This ruling was not applied in Republic v.
concurrently the Ombudsman and Cojuangco
exercise the latter's powers as this would
be a violation of the constitution. - what is questioned here is not the grant of
- The president possesses the authority to behest loans, that by nature could be
discipline and even remove Special concealed from the public eye by the
Prosecutors. simple expedient of suppressing their
documentation. what is involved here is
ILL-GOTTEN WEALTH UPCBs investment in UNICOM which
corporation is allegedly owned by
Cojuangco, a Marcos crony. that

investment does not appear to have been ASSETS AND LIABILITIES

withheld from the curious or from those
who minded to know like banks or The provision is requiring the filing of assets and
competing businesses. OSG made no liabilities by certain public officials. which
allegation that respondent members of applies not only to the said officials but all public
BOD of UCPB connived with UNICOM officers and employees.
to suppress public knowledge of the
investment. Sec. 17 "A public officer or employee shall, upon
assumption of office and as often thereafter as
- The court dismissed the charges against may be required by law, submit a declaration
respondent for his violation of the Anti- under oath of his assets, liabilities, and net worth.
Graft and corrupt practices act. in case of the President, the VP, members of the
cabinet, and the Congress, the SC, the
The court said; Constitutional Commission, and other
- prescription of action is a valued rule in constitutional offices, and officers of the armed
all civilized states from the beginning of forces with general or flag rank, the declaration
organized society. it is a rule of fairness, shall be disclosed to the public in the manner
since without it, the plaintiff can provided by law."
postpone the filling of his action to the
point of depriving defendant to defend It was held that it should be understood that what
himself through passage of time, of the law seeks to curtail is acquisition of
access to defense witnesses who would unexplained wealth. where the source of
have died or left to live elsewhere, or to undisclosed wealth can be properly accounted,
documents that would have been then it is explained wealth which the law does not
discarded or could no longer be located. penalize.
the memories of the witnesses are eroded
by time. This serves as the basis of the government and the
people in monitoring the income and lifestyle of
public officials and employees in compliance
- respondent argue, the action having
prescribed there is no point in discussing with the constitutional policy to eradicate
corruption, to promote transparency in
the existence of probable cause against
government and to ensure that all government
the respondents for violation of RA 3019
employees and officials lead just and modest
lives. curtailing and minimizing the opportunities
LOANS
for official corruption and maintaining a standard
of honesty in the public service.
Sec. 16 "No loan, guaranty, or other form of
financial accommodation for any business
purposes may be granted, directly or indirectly, This duty is also important in the case of the
members and personnel of the judiciary to
by any GOC bank or financial institution to the
maintain the faith of our people in the
President, the VP, Members of Cabinet, the
administration of justice.
Congress, the Supreme Court, and the
Constitutional Commissions, the Ombudsman, or
to any firm or entity in which they have Pursuant to section 17 in relation to Sec 8 of RA
controlling interest, during their tenure" 6713 known as Code of Conduct and Ethical
Standards for Public Officials and Employees,
Intended to prevent the officials from taking requires the public officials and employees, the
advantage of their positions for the purpose of filing under oath by all public officials and
promoting their interests. Limited only to employees of their SALN and a disclosure of
"business purposes" and does not include Business Interests and financial connections
personal purposes. within 30 days from their assumption of office,
together with the necessary authority of

Ombudsman to obtain from all appropriate had not established that she had taken the oath of
government agencies including BIR. renouncing her American Citizenship, and having
been established that she continues to use her
Except those who serve in an honorary capacity, American passport after taking first oath of
laborers and casual or temporary workers. allegiance swearing allegiance to the republic of
the Philippines under the same law.
In Re: Request of copy of 2008 SALN and
personal data sheets or curriculum vitae of Advocates and Adherents of Social justice for
justices of the supreme court and officers and School Teachers and Allied Workers Member v.
employees of the judiciary. Datumanong
The SC held that where the request is directly or Framers were not concerned with dual citizenship
indirectly traced to a litigant, lawyer or interested per se but with dual allegiance.
party in case pending before the court, or where
the court is reasonably certain that a disputed Congress was given a mandate to draft a law that
matter will come before it under circumstances would set specific parameters of what really
from which it may be reasonably be assumed that constitutes dual allegiance. until this is done it
the request is not made in good faith and for a would be premature for the judicial department to
legitimate purpose, but to fish for information and rule on issues pertaining to dual allegiance.
with the implicit threat of its disclosure, to
influence a decision or to warn the court of Mercado v. Manzano
unpleasant consequences of an adverse Declared that dual citizenship is different from
judgement, the request may be denied. dual allegiance.
The SC required all requests to be filed with the
clerk of court of the SC or with court of It is clear that the concern of ConCom is not the
administrator, should indicate the purpose for the dual citizenship per se but with the naturalized
same. moreover, in case the request be denied, the citizens who maintain their allegiance to their
reason for the denial shall be given in all cases. countries of origin even after their naturalization.
Persons with mere dual citizenship do not fall
CHANGE OF CITIZENSHIP under this disqualification.
Sec. 18. "Public officers and employees owe the Unlike those with dual allegiance, who must,
State and this Constitution allegiance at all times, therefore, be subject to strict process with respect
and any public officer or employee who seeks to to the termination of their status.
change his citizenship or acquire the status of an
immigrant of another country during his tenure For candidates with dual citizenship it would be
shall be dealt with by law." suffice if upon the filing of their certificates of
candidacy, they elect Philippines citizenship to
terminate their status as persons with dual
Macquiling v. Comelec citizenship considering that their condition is the
A candidate who took such second oath was unavoidable consequence of conflicting laws of
considered to have recanted the same because of different states.
his having used his American passport after
taking said oath renouncing allegiance to
America. he was disqualified from running for Dual Citizenship
mayor. Arises when as a result of the concurrent
application of the different laws of two or more
states, a person is simultaneously considered a
Reyes v. Comelec national by the said states.
SC held that the petitioner's disqualification as a
congressional candidate on the ground that she

- when a person whose parents are citizens - a revamp or rewriting of the whole
of a state which adheres to the principle instrument
of jus sanguinis is born in a state which - only Congress or a constitutional
follows the doctrine of jus soli. such convention may propose revisions
person, ipso facto and without voluntary - broadly implies a change that alters a
act on his part, is concurrently considered basic principle in the constitution, like
a citizen of both states. altering the principle of separation of
- involuntary powers or the system of checks-and-
balances, and
Dual Allegiance - there is also revision if the change alters
Refers to the situation in which a person the substantial entirety of the
simultaneously owes, by some positive act, constitution, as when the change affects
loyalty to two or more states. substantial provisions of the constitution
- generally, affects several provisions of
- result of an individual's volition. the constitution
Jacot v. Dal II. Procedure

Court pronounced that the petitioner act of
running for public office does not suffice to serve There are two steps to an amendment or revision
as an effective renunciation of her Australian of the constitution
citizenship.
While is court previously declared that the filing 1. Proposal
by a person with dual citizenship of a certificate 2. Ratification
of candidacy is already considered a renunciation
of foreign citizenship, such ruling was already III. Proposal
adjudged superseded by the enactment if RA
9225 which provides for additional condition of a Any amendment to, or revision of, this
personal and sworn renunciation of foreign Constitution may be proposed by:
citizenship.
(1) The Congress, upon a vote of three-fourths of
CHAPTER 18: AMENDMENT OR all its Members; or
REVISION OF THE CONSTITUTION
(2) A constitutional convention.
I. Amendment or Revision
Amendments to this Constitution may likewise be
Amendment directly proposed by the people through initiative
upon a petition of at least twelve per centum of
- Piecemeal change the total number of registered voters, of which
- Only the People may propose such every legislative district must be represented by
- broadly refers to a change that adds, at least three per centum of the registered voters
reduces, or deletes without altering the therein. No amendment under this section shall
basic principle involved be authorized within five years following the
- generally, affects only the specific ratification of this Constitution nor oftener than
provision being amended once every five years thereafter.
- implies such an addition or change within
the lines of the original instrument as will The Congress shall provide for the
effect an improvement, or better carry implementation of the exercise of this right.
out the purpose for which it was framed.
The Congress may, by a vote of two-thirds of all
Revision its Members, call a constitutional convention, or

by a majority vote of all its Members, submit to - This test asks whether the proposed
the electorate the question of calling such a change is “so extensive in its provisions
convention. (Art. XVII, Section 1,2,3.) as to change directly the ‘substantial
entirety’ of the constitution by the
It should be noted that through the method of deletion or alteration of numerous
initiative, the people may propose only existing provisions.”
amendments and not a revision. - The court examines only the number of
provisions affected and does not consider
On the other hand, when what is intended is a the degree of the change.
mere amendment or change of particular
provisions only, the proposal is better made by The Qualitative Test
direct legislative action. Which in this case
requires only a ¾ vote of all members of - inquires into the qualitative effects of the
Congress. proposed change in the constitution.
- The main inquiry is whether the change
Lambino v. COMELEC will “accomplish such far reaching
changes in the nature of our basic
Distinction Between Amendment and Revision governmental plan as to amount to a
revision.”
The framers of the Constitution intended, - E.g. changing the system of checks and
and wrote, a clear distinction between balances or the form of government.
“amendment” and “revision” of the Constitution.
The framers intended, and wrote, that only Thus, the Court declared:
Congress or a constitutional convention may
propose revisions to the Constitution. The Under both the quantitative and qualitative tests,
framers intended, and wrote, that a people’s the Lambino Group’s initiative is a revision and
initiative may propose only amendments to the not merely an amendment. Quantitatively, the
Constitution. Lambino Group’s proposed changes overhaul
two articles—Article VI on the Legislature and
Revision broadly implies a change that alters a Article VII on the Executive—affecting a total of
basic principle in the constitution, like altering 105 provisions in the entire Constitution.
the principle of separation of powers or the Qualitatively, the proposed changes alter
system of checks-and-balances. There is also substantially the basic plan of government, from
revision if the change alters the substantial presidential to parliamentary, and from a
entirety of the constitution, as when the change bicameral to a unicameral legislature. A change
affects substantial provisions of the constitution. in the structure of government is a revision of the
On the other hand, amendment broadly refers to Constitution, as when the three great co-equal
a change that adds, reduces, or deletes without branches of government in the present
altering the basic principle involved. Revision Constitution are reduced into two. This alters the
generally affects several provisions of the separation of powers in the Constitution. A shift
constitution, while amendment generally affects from the present Bicameral-Presidential system
only the specific provision being amended. to a Unicameral-Parliamentary system is a
revision of the Constitution. Merging the
Two-part Test to Determine Whether the legislative and executive branches is a radical
Proposed Changes are Amendments or change in the structure of government.
Revisions
Where the proposed change applies only to a
The Quantitative Test specific provision of the Constitution without
affecting any other section or article, the change
may generally be considered an amendment and

not a revision. For example, a change reducing The essence of amendments “directly proposed
the voting age from 18 years to 15 years is an by the people through initiative upon a petition”
amendment and not a revision. Similarly, a is that the entire proposal on its face is a petition
change reducing Filipino ownership of mass by the people. This means two essential elements
media companies from 100 percent to 60 percent must be present:
is an amendment and not a revision. Also, a
change requiring a college degree as an additional 1. the people must author and thus sign the
qualification for election to the Presidency is an entire proposal. No agent or
amendment and not a revision. representative can sign on their behalf.
2. as an initiative upon a petition, the
There can be no fixed rule on whether a change is proposal must be embodied in a petition.
an amendment or a revision. A change in a single
word of one sentence of the Constitution may be These essential elements are present only if the
a revision and not an amendment. For example, full text of the proposed amendments is first
the substitution of the word “republican” with shown to the people who express their assent by
“monarchic” or “theocratic” in Section 1, Article signing such complete proposal in a petition.
II of the Constitution radically overhauls the Thus, an amendment is “directly proposed by the
entire structure of government and the people through initiative upon a petition” only if
fundamental ideological basis of the Constitution. the people sign on a petition that contains the full
Thus, each specific change will have to be text of the proposed amendments. The full text of
examined case-by-case, depending on how it the proposed amendments may be either written
affects other provisions, as well as how it affects on the face of the petition or attached to it. If so
the structure of government, the carefully crafted attached, the petition must state the fact of such
system of checks-and-balances, and the attachment. This is an assurance that every one of
underlying ideological basis of the existing the several millions of signatories to the petition
Constitution. had seen the full text of the proposed amendments
before signing. Otherwise, it is physically
Four Modes of Proposal: impossible, given the time constraint, to prove
that every one of the millions of signatories had
1. By Congress upon a vote of ¾ of all its seen the full text of the proposed amendments
Members before signing.
2. By the People through initiative
(amendments only) by a petition, with at The Court in the case of Lambino held that there
least 12 percent of the total number of was no such attachment of the proposal in the
registered voters with each legislative petition. And that the 6.3million votes claimed by
district represented by at least 3 percent the Lambino Group were obtained without the
of the total registered voters therein. signatories ever seeing the proposed changes to
3. By a Constitutional Convention called by the Constitution. Hence, such petition and
Congress through a 2/3 vote of all its proposal are invalid and unconstitutional.
members or
4. By a Constitutional Convention through Furthermore, the Court also ruled that the petition
the people upon voting by the majority of of the Lambino Group was not merely an
the members of Congress regarding such. amendment but a revision. The petition is a
revision since it involves changes to the principle
Voting of the People on the Petition for of separation of powers and a shift from a
Amendment bicameral Congress to a unicameral Congress.
The Court ruled in the case of Lambino:

Position of the Constitutional Convention - Held not earlier than 60 days and not later
than 90 days.
There are three theories regarding the position of
the ConCon vis-à-vis the regular departments of Under Section 2
the government.
- Amendment only
1. Theory of Conventional Sovereignty - Valid when ratified by a majority of the
a. Superior to the regular votes cast in a plebiscite
departments - Held not earlier than 60 days and not later
b. Because the power it exercises is than 90 days after certification of the
a sovereign power. (Loomis v. ComElec of the sufficiency of the
Jackson) petition.
2. Wood’s Appeal
a. Inferior to the other departments Proposals to amend the Constitution must be
b. Because it is merely a creation of ratified within a reasonable time after they are
legislation. made because they are intended to correct current
3. Frantz v. Autry problems. If they are accepted only after a long
a. Independent and co-equal with delay, they may no longer serve the purposes for
the other branches as long as it which they are made in the first place.
exists and confines itself within
the jurisdiction V. Judicial Review of Amendments
b. This is what the Philippines
adheres to. (Mabanag v. Lopez The present doctrine allows the courts to inquire
Vito) into whether or not the prescribed procedure for
amendment has been observed.
IV. Ratification
In the Sanidad Case the Court held over the
Any amendment to, or revision of, this Solicitor General’s contention that the amending
Constitution under Section 1 hereof shall be valid process is within the Court’s jurisdiction that
when ratified by a majority of the votes cast in a such is not a political question but a justiciable
plebiscite which shall be held not earlier than question. Thus, the amending process both as to
sixty days nor later than ninety days after the proposal and ratification all fall within the
approval of such amendment or revision. purview of the Court.
Any amendment under Section 2 hereof shall be

valid when ratified by a majority of the votes cast
in a plebiscite which shall be held not earlier than
sixty days nor later than ninety days after the
certification by the Commission on Elections of
the sufficiency of the petition. (Art. XVII, Section
4.)
Outline of the Provision
Under Section 1.
- Amendment or revision
- Valid when ratified by the majority of the
votes cast in a plebiscite.

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CONSTITUTIONAL LAW 1 BALTEZA

Professor: Justice Agcaoili 1C

Sources: Philippine Political Law, Isagani Cruz, 2014

instrumentalities, or GOCCs or o This is so that a vacancy will

Sources: Philippine Political Law, Isagani Cruz, 2014

Constitution regarding the terms of the Members  Elements of Proceedings

Sources: Philippine Political Law, Isagani Cruz, 2014

Sources: Philippine Political Law, Isagani Cruz, 2014

framework, vested with some if eligibility prescribed, in

Sources: Philippine Political Law, Isagani Cruz, 2014

ii. Exceptions to the Competitive o Pending administrative

Section 2 (3) No officer or employee of the civil  CSC v. CA

Sources: Philippine Political Law, Isagani Cruz, 2014

Sources: Philippine Political Law, Isagani Cruz, 2014

Sources: Philippine Political Law, Isagani Cruz, 2014

(Art. IX-B) US 303 (1999), it specifically identified the

Sources: Philippine Political Law, Isagani Cruz, 2014

Sources: Philippine Political Law, Isagani Cruz, 2014

Sources: Philippine Political Law, Isagani Cruz, 2014

o By virtue of such authority, the proclamation of the winning candidates. A

Sources: Philippine Political Law, Isagani Cruz, 2014

Maquiling v COMELEC – The winning candidate  Execution pending appeal –

Sources: Philippine Political Law, Isagani Cruz, 2014

o The SC held that the contempt

Sources: Philippine Political Law, Isagani Cruz, 2014

“Financial contributions from foreign  Stating its desire to

Sources: Philippine Political Law, Isagani Cruz, 2014

 The Commission may cancel a o Allows the COMELEC to refuse

Sources: Philippine Political Law, Isagani Cruz, 2014

Party system Judicial review

Sources: Philippine Political Law, Isagani Cruz, 2014

Sources: Philippine Political Law, Isagani Cruz, 2014

colleges and universities; (c) other 3. an unexpended balance of the amount

Sources: Philippine Political Law, Isagani Cruz, 2014

funds or property which, in his opinion, are unnecessary, excessive, extravagant or

COA is endowed with enough latitude to

Sources: Philippine Political Law, Isagani Cruz, 2014

III. Prohibited Exemptions - Extraordinary means of removal

- He was appointed on May 17, 2010 or

Sources: Philippine Political Law, Isagani Cruz, 2014

decisions in final and executory 3. Members of the Supreme Court

Sources: Philippine Political Law, Isagani Cruz, 2014

malfeasance or misfeasance, cronyism, (5) No impeachment proceedings shall

It is the House of Representatives alone that can An impeachment proceeding would be

Sources: Philippine Political Law, Isagani Cruz, 2014

departments, are proper subjects of judicial

Sources: Philippine Political Law, Isagani Cruz, 2014

- Vice Governors whether in the exercise of own original

Azarcon v. Sandiganbayan OMBUDSMAN

SB likewise possesses appellate jurisdiction over

Sources: Philippine Political Law, Isagani Cruz, 2014

B. QUALIFICATIONS During their tenure:

By the President from a list of at least six E. JURISDICTION

D. DISQUALIFICATIONS/INHIBITIO F. POWERS and DUTIES (See Section

Sources: Philippine Political Law, Isagani Cruz, 2014

1. Power to Investigate c. The respondent’s continued stay in

Sources: Philippine Political Law, Isagani Cruz, 2014

Sources: Philippine Political Law, Isagani Cruz, 2014