Chapter 13 Consti

8/10/2019 Chapter 13 Consti

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CHAPTER 13: THE CONSTITUTIONAL COMMISSION

The 3 commissions: COA, COMELEC & CS

To ensure independence:

i)

Created by the constitution and may not be abolished by statute

ii)

Described as independent

iii)

Conferred with functions and cannot be withdrawn by statute

iv)

Chairmen and members may not be removed except by impeachment

v)

Chairmen and members- 7 years term vi)

Terms-staggered. To lessen opportunity for appointment of the majority of the

body by the same president

vii)

May not be appointed or re-appointed in an acting capacity

viii)

Salaries- relatively high

ix)

Exercise fiscal autonomy

x)

Subject to certain disqualification and inhibitions to strengthen integrity

xi) They can appoint their officials and member however, still subject to Civil

Service Law.

SALARIES

-

Chairmen – P204,000

-

Members – P180,000

-

Salaries have been increased and may not be decreased during the

continuance of office.

DISQUALIFICATION

-

Should not hold any other office or employment

-

Should not engage in the practice of any profession

-

Should not engage in an active management or control of any business

which in any way may be affected by the functions of his office

-

Should not be financially interested, directly or indirectly, in any contract in

relation to government

-

Purpose: compel the chairmen and members of the concom to focus on their function

STAGERRING TERMS

-

All members of the 3 commissions are supposed to serve 7 terms, except

the first appointees.

-

Original appointees – given 3,5,7 years term

- Vacancy is every 2 years and to be filled by subsequent appointees wh

would serve the full term of 7 years

-

Requisites for the effective operation of the “rotational scheme”:

The original members of the Commission shall begin their ter

a common date

Any vacancy occurring before the expiration of the term shall

filled only for the balance of such term

REAPPOINTMENT

-

Whether or not a member of the commission may be reappointed if h

not served the full term of 7 years?

Nacionalista Party vs De Vera- Affirmative. Reappointment is

constitutional since De Vera had not served the full 9 years te

Republic vs Imperial- Negative. Reappointment violation of th

constitution. In an acting position.

Brillantes vs Yorac- Associate chairman was designated as cha

by President Aquino, when the regular chairman assumed ano

position in the government. Then it was challenged.

SC said … Solicitor General could not be appointed act

member of the COMELEC. The reason of the SC was th

revocable nature of his appointment, coupled with th

that as a Solicitor General he was subject to the Presid

constitutional power of control, would impair his

independence in the election body.

PROCEEDINGS

-

Article IX-A Section 7:

Shall decide by a majority vote of all its members any case or

brought before it within 60 days from the date of its submissi

decision or resolution

A case or matter is deemed submitted for decision – filing of t

pleading, brief or memorandum

Unless otherwise provided by the constitution.

May be brought to the SC for certiorari by the aggrieved party

within 30 days from the receipt of a copy thereof.



CHAPTER 14: CIVIL SERVICE COMMISSION

COMPOSITION AND QUALIFICATION

-

Chairmen and Members:

Natural-born citizens of the Philippines

a t least 35 years old

Proven capacity for public administration

Must not have been candidates for any elective position in the

elections immediately preceding their appointment-

Chairmen and Commissioners

Appointed by the president with the consent of Commission on

Appointments

7 years term without reappointment

SCOPE OF CIVIL SERVICE

-

All branches, subdivisions, instrumentalities, and agencies of the

Government, including government owned or controlled corporations with

original charters.

-

Corporations which are subsidiaries of those that were created by special

laws (GSIS, SSS), are not covered

-

Career Service Characterized:

a.

Entrance based on merit and fitness to be determined as far as

practicable by competitive examinations, or based on highly

technical qualifications

b.

Opportunity for advancement to higher career positions

c.

Security of tenure

-

Career Service includes:

a.

Open career positions for appointment to which prior qualification

in an appropriate examination is required

b.

Closed career position which are scientific or highly technical in

nature

c.

Positions in the Career Executive Service

d.

Career officers, other than those in CES, who are appointed by the

President

e.

Commissioned officers and enlisted men of the AFP, maintains

separate merit system

f. Personnel of the government-owned or controlled corporatio

(prop/non-prop), who do not fall under the career service

g.

Permanent laborers

-

Non-career service characterized:

a.

Entrance on bases other than those of the usual tests of merit

fitness utilized for the career service

b.

Tenure which is limited to a period specified by law or which i

coterminous with that of the appointing authority or subject t

pleasure, or which is limited to the duration of a particular pr

for which purpose employment was made.

-

Non-career service includes:

a.

Elective officials and staff

b.

Department heads, Cabinet rank

c.

Chairmen and members of commissions

d.

Contractual personnel

e.

Emergency and seasonal personnel

APPOINTMENTS

-

2 kinds of appointment:

Permanent – issued to a person who meets all the requireme

the position.

Temporary – issued to a person who meets all the requiremen

the position, however there is still an absence of appropriate

eligibility and it has become necessary in the public interest to

vacancy. Shall not exceed 12 months. Do not have definite ter

Exception – Excepted form the requirement for comp

examinations are the policy-determining, primarily

confidential and highly technical positions.

-

Policy determining position – is one charged w

the laying down of principal or fundamental

guidelines or rules-

Highly-technical position – requires the appoi

thereto to possess technical skill or training in

supreme or superior degree.

SECURITY OF TENURE



-

“no officer or employee of the CS shall be suspended or dismissed except

for cause as provided by law”

-

Administrative Code of 1987 provides for the grounds for the discipline of

civil servants. Non-compliance will constitute a denial of their constitutional

security of tenure.

Pending Administrative investigation, he shall be subject to

preventive suspension, shall be lifted after 90 days if he is not an

appointee of the president unless delay in the conduct of the probe

is imputable to him.

PARTISAN POLITICAL ACTIVITY

-

means the active support for or affiliation with cause of a political party or

candidate.

-

“no officer or employees in the CS shall engage, directly or indirectly in any

electioneering or partisan political campaign”

-

What is prohibited is the use of the official’s authority or influence to coerce

the political activity of any person and to solicit contributions from their

subordinates or subject them to any of the acts involving subordinates

prohibited in the Election Code.

-

However they are free to express their views and mention names of

candidates they are voting.

-

Exempted from the prohibition : Cabinet

-

AFP included in the prohibition for obvious reasons, its direct involvement in

partisan political affairs could exert an unhealthy pressure on the electorate

to the prejudice of our democratic institutions

-

Purpose of the prohibition 2 folds:

To prevent members of the civil service from using resources of the

government for the benefit of their candidates

To insulate them from political retaliation from winning candidates

they have opposed or not supported.

SELF-ORGANIZATION -

“the right to self -organization shall not be denied to government

employees”

This do not include the right to strike because the terms of

employment is governed by laws and not determined in the

discretion of the government or by its agreement with the wo

The employees should not strike or effect stoppage of work fo

purpose of securing changes in the law.

TEMPORARY EMPLOYESS

-

Do not have fix terms and are removable at pleasure

-

Still protected by the constitution “as may be provided by law”

The congress may provide that temporary employees who acq

CS eligibility for the position he acquired may automatically b

made permanent.

And for the time being, as temporary employee, he may enjoy

privileges and other benefits during the incumbency.

OBJECTIVE OF THE CIVIL SERVICE

-

Shall establish a career service and adopt measures to promote mora

efficiency, integrity, responsiveness, progressiveness, and courtesy in

civil service,

-

Shall strengthen the merit and rewards system, integrate all human

resources development programs for all level ranks

-

Institutionalize a management climate for conducive to public accoun

-

Shall submit to the President and the Congress an annual report on its

programs

OATH

-

After the ratification of the 1987 consti, all public officials and employ

took oath to support and defend it

DISQUALIFICATION

-

“no elective official shall be eligible for appointment or designation in

capacity to any public office or position during his tenure.”

-

Appointive official, “unless otherwise provided by law or by the prima

functions of his position,” he shall not, “hold any other office or

employment in the Government or subdivision, agency or instrument

thereof, including government-owned or controlled corporations or thsubsidiaries.

-

Elective official is now permitted to accept appointive office during his

subject only to the forfeiture of his elective position

Shall not apply to Pres, V-pres and cabinets, deputies



- No losing candidate shall within one year be appointed to any office of the

government, or any government-owned or controlled corporations or in any

of their subsidiaries

STANDARD COMPENSATION

-

The congress will provide for the standardization of salaries, taking into

consideration the nature of the responsibility pertaining to, and the

qualifications required for, their positions

DOUBLE COMPENSATION

-

Prohibited, unless specifically authorized by law

-

Purpose:

To inform the people of the exact amount of their compensation

Prevent public functionary from driving his time among the several

positions concurrently held by him

CHAPTER 15: COMELEC

-

Membership from 3 to 9 and now 7.

-

Powers modified

-

Purpose, to be more effective instrument in maintaining the secrecy and sanctity of

the ballot as the concrete expression of the will of the sovereign people.

COMPOSITION AND QUALIFICATIONS

-

Chairman

-

6 Commissioners

-

Natural-born

-

35 years old

-

College degree

- Must not have been candidates for any elective position in the immediately

preceding elections

-

Majority thereof, including the chairman shall be lawyers who have beenengaged in the practice of law for at least 10 years

-

Shall be appointed by the president with the consent of COA

-

Purpose, decrease of membership from 9-7 was intended to facilitate

decisions of the Commission en banc by concurrence of only 4 membe

constituting a majority of the body.

POWERS AND FUNCTIONS

1.

Enforcement of Elections

-

Art IX-C, Sec 2. Conferred enforcement of Election Laws to

COMELEC

-

COMELEC can:

-

Require compliance with rules for the filing of certific

candidacy,

-

Prevent or prosecute election offenses

-

Supervise the registration of voters and the holding of

and see to it that the canvass of the votes and the

proclamation of the winners are done in accordance w

law

-

Has the power to annul an illegal registry of voters

-

Cancel a proclamation made by the board of canvasse

the basis of an i rregular or incomplete canvass

-

Can also reject nuisance candidacies

-

To give more teeth to i ts authority

-

“no pardon, amnesty, parole or suspension of sentenc

the violation of election laws, rules and regulations sh

granted by the President without the favorable

recommendation of the Commission”.

2.

Decision of Election Contents

-

Original jurisdiction

-

Decisions are final and executory, not appealable.

-

Can be appealed in SC in certiorari, limited only to the

question of law involving lack or excess of jurisdiction

-

Commission exercises appellate jurisdiction over the contestsinvolving municipal or barangay official as originally decided b

regional or municipal trial courts. Its decision here is final and

executory.

-

This rule does not conflict wi th the minimum appellate jurisdi

of the supreme court.



- Not a judicial tribunal but an administrative body

-

May sit en banc or in divisions of two. MR is to be decided en banc.

3.

Decision of Administrative Questions

-

“decide, except those involving the right to vote, all questions

affecting elections, including determination of the number and the

location of polling places, appointment of election officials and

inspectors, and registration of voters”

4.

Deputization of Law-Enforcement Agencies

-

May be exercised only with the consent of the President-

“recommend to the President the removal of any officer or

employee it has deputized, or the imposition of any of the other

disciplinary action, for violation or disregard of, or disobedience to,

its decision, order, or directive”

5.

Registration of Political Parties

-

Necessary.

-

This will enable the commission to determine if the party who is

seeking registration is not entitles thereto because it is a religious

group or subversive in nature or purpose etc.

6.

Improvement of Elections

-

COMELEC can recommend measure for the improvement of the

elections to the President or the Congress

Election Period

-

“Unless otherwise fixed by the Commission in special cases, the election

period shall commence 90 days before the day of election and shall end in

30 days after.”

Party System

-

Clear policy against the 2-party system

-

The Electoral Tribunals, used to include 6 legislature, 3 of them were

nominated by the party having the highest number of members and the

other 3 by the party having the second highest number of the members inthe Senate and the HR.

Funds

- Shall be provided in the regular or special or appropriations and, once

approved, shall be released automatically upon certification by the

Chairman of the Commission.

Judicial Review

-

Certiorari implies an indifferent disregard of the law, arbitrariness and

caprice, an omission to weigh pertinent consideration, a decision arriv

without rational deliberation.

CHAPTER 16: COA

-watchdog of the financial operations of the Philippines

COMPOSITION AND QUALIFICATION

-

Age qualification is 35

-

10 years practice requirement, lawyers or CPA

- Added requirement not all of them should belong to the same profess

POWERS AND FUNCTIONS

-

Public fund are derived from taxes. It shall all be collected and deposit

the National Treasury. No funds shall be disbursed out from the treas

without being expressly written in the appropriation.

-

To secure the release of funds, a warrant must be drawn by the prope

admin official and countersigned by the Commission in Audit.

- Means:

Warrant legally drawn

Was by virtue of law

Amount appropriated is available

-

Duty to pass in audit a salary voucher is discretionary

-

Issue certificate of clearance to any accountable officer seeking to leav

Philippines, discretionary

-

Prevention of irregular, unnecessary, excessive, extravagant or

unconscionable expenditure or uses of public funds and property.

-

“examine, audit and settle, in accordance with law and administrative

regulations”

Prohibited Exemptions



-

“no law shall be passed exempting any entity of the Government or its

subsidiary in any guise whatever, or any investment of public funds, from

the jurisdiction of the COA”

Report

-

Annual report:

-

Shall submit to the President and Congress

-

Covering the financial condition and operation of the Government,

its subdivision, agencies and instrumentalities

-

Recommend measures necessary to improve the effectiveness andefficiency

-

Shall submit any other report as may be required by law

CHAPTER 17: ACCOUNTABILITY OF PUBLIC OFFICIALS

“Public officials and employees must at all times be accountable to the people,

serve them with utmost responsibility, integrity, loyalty and efficiency, act with

patriotism and justice, and lead modest lives”

IMPEACHMENT

-

A method of national inquest into the conduct of public men

-

“the most formidable weapon in the arsenal of democracy”, Corwin

-

Extraordinary means of removal exercised by the legislature over selected

number of officials, the purpose being to ensure the highest care in their

indictment and conviction and the imposition of special penalties in case of

a finding of guilt, taking into account the degree or nature of the offense

committed and the high status of the wrong-doers.

1.

Impeachable officers:

President

V-President

Members of SC

Members of the CONCOM

Members of the Ombudsman

o

Power to impeach is essentially non-legislative

prerogative and can be exercised by the Congr

only within the limits of the Constitution

o

This list is exclusive, may not be increased or

decreased

2. Grounds:

Culpable violation of the Constitution – is wrongful,

intentional or willful disregard or flouting of the

fundamental law

Treason – committed by any person who, owing alleg

to the government of the Philippines, levies war agai

or adheres to his enemies, giving them aid and comfo

Bribery – committed by any public o fficer who shall ag

perform an act, whether or not constituting a crime, o

refrain from doing an act which he is officially require

do in connection with the performance of his official d

in consideration of any offer, promise, gif t, or present

received by him personally or through the mediation o

another, or who shall accept gifts offered to him by re

of office.

Other high crimes – offenses, “which like treason and

bribery, are of so serious and enormous a nature as to

at the very life or the orderly workings of the governm

Graft and corruption - Anti-Graft and Corruption Prac

Act

Betrayal of public trust – catch-all to cover all manner

offenses. ”inexcusable negligence of duty, tyrannical a

of authority, breach of official duty by malfeasance or

misfeasance, cronyism, favoritism, obstruction of duty

Chapter 13 Consti

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