Consti Finals

CONSTITUTIONAL LAW I
CHAPTER 10:
EXECUTIVE DEPARTMENT
TERM
EXECUTIVE POWER
Article VII, Sec I: The executive power shall be

vested in the President of the Philippines.
It is the power to enforce and administer laws
The President of the Philippines assumes a plenitude
of authority, and the corresponding responsibility that
makes him the most influential person in the land.
PRESIDENT
Article VII, Sec 2: No person shall be elected
President unless he is a:
Natural-born citizen of the Philippines
Registered voter
Able to read and write
At least 40 years of age on the day of election
Resident of the Philippines for at least 10 years
immediately preceding such election
*NOTE: Above qualifications are exclusive and may not be
reduced or increased by Congress. Remedy to revise/add
qualifications: Amend the Constitution.
ELECTION and
PROCLAMATION
The President and Vice-President are elected by

direct vote of the people.
Unless otherwise provided by law, the regular
presidential election shall be held at six year intervals
on the second Monday of May.
Congress shall have no duty but to canvass the same
and to proclaim as elected the person receiving the
highest number of votes.
Congress meets to canvass the presidential election
returns, it does not need the call to a special session
by the President, as the canvass is mandated and
called by the constitution itself.
*NOTE: Congress can only canvass Presidential election

returns
The President and the Vice-President shall be elected

for a term of 6 years
President
Not eligible for any re-election
No person who has succeeded as President and has
served as such for more than four years shall be
qualified for election to the same office at any time.
Since the President is not eligible for re-election, he
shall devote his attention during his lone term to the
proper discharge of his office instead of using it to
ensure his reelection.
Vice-President
No VP shall serve for more than 2 successive terms
Whenenever there is a vacancy in the office of the
VP, the President shall nominate a VP from among
members of the Senate and the House of
representatives.
VICE-PRESIDENT
Same qualifications as the President:
Natural-born citizen of the Philippines
Registered voter
Able to read and write
At least 40 years of age on the day of election
Resident of the Philippines for at least 10 years
immediately preceding such election
The VP may be appointed as a member of the
cabinet. Such appointment requires no confirmation
President in waiting
VACANCIES OF THE PRESIDENT

AT THE START OF PRESIDENTS TERM
VP shall act as President if: (until President have
been qualified/chosen)
President-elect fails to qualify
President shall not have been chosen
President-elect shall have died or become
permanently disabled (VP automatic President)
Senate President or Speaker of the House
No President and VP
o Not chosen/qualified/permanently disabled
1-A: CHAPTER 10: CAMPO. LUPAC. 11: MELGAR. UY. 12: GALVEZ. ORTEGA. UY. 13: DELOS SANTOS. GAPIT. PIELAGO.
14: CANCIO. FRANCISCO. OBIAS. 15: AMANSEC. ESCASINAS. PERLAS. 16: DUGUIL. SAGMIT. SILVA. 17: CABRERA. TALATALA.
Page 1
*NOTE: An Acting President is not the incumbent President
nor does he become President t serve unexpired portion of the
term
PERQUISITES and
INHIBITIONS
1.
2.
DURING HIS INCUMBENCY

The VP shall become the President to serve the
unexpired term in cases of:
Death
Permanent disability
Removal from office
Resignation
The Senate of the President, in case of disability, the

Speaker of the House shall act as President in cases
of: (both President and VP)
Death
Permanent disability
Removal from office
Resignation
3.
4.
5.
6.
VACANCIES OF THE VICE-PRESIDENT
The President shall nominate a VP

o From among Member of Senate and House of
Representatives with majority vote of all members of
Congress, voting separately
BOTH VACANCIES OF
PRESIDENT and VP
1.
2.
3.
4.
5.
6.
Congress shall convene in the 3 rd day after vacancy occurs

Law enacted within 7 days for special elections
Bill becomes a law upon approval on 3rd reading
Appropriations charged against current appropriations
Convening of Congress cannot be suspended nor special
elections postpone
No special election shall be called if vacancy occurred
within 18 months before next presidential elections
No increase in salaries during their tenure

Shall not receive any other emoluments from government
or any other source
o Emoluments any compensation received for
services rendered or from possession of an office
o President cannot accept other employment elsewhere
Shall not hold any other office or employment, unless
otherwise provided in the Constitution
o In case of VP, he may be appointed to the Cabinet
without need of confirmation by COA
Shall not, directly or indirectly, practice any other
profession, participate in any business, or be financially
interested in any contract with, or in any franchise or
special privilege granted by the government or any
subdivision, agency, or instrumentality thereof, including
GOCCs of their subsidiaries
Strictly avoid conflict of interest in the conduct of their
office
May not appoint spouse or relatives by consanguinity or
affinity within the 4 th civil degree
PRIVILEGES
PRESIDENTIAL IMMUNITY
Immunity from suits during incumbency
After his tenure, the President cannot invoke
immunity from suit for civil damages arising out of
acts done by him while he was President which were
not performed in the exercise of official duties
EXECUTIVE PRIVILEGE
Right of President to withhold information from
Congress, the Courts and the public.
OATH OF OFFICE
Marks his formal assumption of office
Intended to deepen responsibility of the President
Page 2
CHAPTER 11:
POWERS OF THE PRESIDENT
Constitutional Law, seek to enjoin the respondent Mison

from
performing the functions of the Office of
Commissioner of the Bureau of Customs and the

EXECUTIVE POWER
respondent Guillermo Carague, as Secretary of the

Department of Budget, from effecting disbursements in
Power to enforce and administer laws

Control of all executive departments, bureas and offices
Ensure that all laws are faithfully executed
*NOTE: Until and unless a law is declared unconstitutional,

the President has a duty to execute it regardless of his doubts
as to its validit
payment of Misons salaries and emoluments

Allegedly, Misons appointment as Commissioner of the
Bureau of Customs is unconstitutional by reason of its not
having
been
confirmed
by
the
Commission
on
Appointments.
ISSUE: WON all appointments made by the president require
APPOINTING POWER
The selection by authority vested with power of an

individual who is to exercise the functions of a given
office
May be made verbally but is usually done in writing
Commission written evidence of an appointment
approval of the Commission on Appointments to be valid?
HELD: NO. It is apparent, that there are four (4) groups of

officers whom the President shall appoint. These four (4)
groups are:
1st - the heads of the executive departments,
The President shall nominate with the consent of the

Commission on Appointments the following:
ambassadors, other public ministers and consuls, officers of

the armed forces from the rank of colonel or naval captain,
and other officers whose appointments are vested in him in
Heads of the executive departments

Ambassadors
Other public ministers and consuls
Officers of the armed forces from the rank of colonel
or naval captain
Other officers whose appointments are vested in him
in this Constitution
President shall also appoint all other officers of the

Government whose appointments are not otherwise
provided for by law
Those whom he may be authorized by law to appoint
The Congress may, by law, vest the appointment of other
officers lower in rank in the President alone, in the courts,
or in the heads of departments, agencies, commissions, or
boards. (Sec.16, Art. 7)
this Constitution;
2nd - all other officers of the Government whose
appointments are not otherwise provided for by law;
3rd - those whom the President may be authorized by
law to appoint;
4th - officers lower in rank whose appointments the
Congress may by law vest in the President alone.
The first group of officers is clearly appointed with the
consent
of
the
Commission
on
Appointments.
Appointments of such officers are initiated by nomination

and, if the nomination is confirmed by the Commission on
Appointments, the President appoints.
By following the accepted rule in constitutional and
statutory construction that an express enumeration of
CASE: Sarmiento v. Mison
subjects excludes others not enumerated, it would follow

that only those appointments to positions expressly stated
FACTS:
Petitioners, who are taxpayers, lawyers, members of the
Integrated Bar of the Philippines and professors of
in the first group require the consent (confirmation) of the

Commission on Appointments.
Page 3
The position of Commissioner of the Bureau of Customs (a
bureau head) is not one of those within the first group of
appointments where the consent of the Commission on
Appointments
is
required.
Hence
appointment
constitutional.
PERMANENT APPOINTMENTS
Extended to persons possessing requisite eligibility and

are protected by constitution on security of tenure
TEMPORARY APPOINTMENTS
REGULAR
AD INTERIM
Made during legislative

session
Made during recess
Made after the nomination

is confirmed by the
Commission
on
Appointments
Made before confirmation
Continues until end of

term by appointee
Ceases to be valid if
disapproved
by
the
Commission
on
Appointments or upon
next
adjournment
of
Congress
is
Extended to persons without eligibility and are revocable

at will without necessity of just cause
DESIGNATION
Imposition of additional duties; only an acting or

temporary appointment which does not confer security of
tenure
*NOTE: Both temporary appointment and designation are not

subject to confirmation by Commission on Appointments. If
given erroneously, it will not make the incumbent a permanent
appointee. Appointment is deemed complete upon acceptance;
cannot be forced upon any citizen
STEPS IN THE APPOINTING PROCESS

Regular
1. Nomination made by the President
2. Confirmation prerogative of the Commission on
Appointments
3. Issuance of Commission done by President
Caretaker capacity of Acting President

Section 14. Appointments extended by an Acting President
shall remain effective, unless revoked by the elected President,
within ninety days from his assumption or reassumption of
office.
Purpose: to prevent use, or abuse appointing power for
purpose of enlisting political support
Section 15. Two months immediately before the next
presidential elections and up to the end of his term, a
President or Acting President shall not make appointments,
except temporary appointments to executive positions when
continued vacancies therein will prejudice public service or
endanger public safety.
REMOVAL POWER
Ad Interim Appointment
Appointment comes before the confirmation which is
made by the Commission when it reconvenes
following the legislative recess
Made during recess and becomes effective, subject to
confirmation or rejection later, during next legislative
session
Derived from express power of appointment

Constitution provides certain methods for separation from
public office; in accordance with prescribed
administrative procedure
Exception: Members of the Cabinet whose term of office
is determined at the pleasure of the President; separation
is effected by expiration of term
Page 4
CONTROL POWER
Power of an officer to alter or modify or nullify or set

aside what a subordinate offices had done in the
performance of his duties and to substitute the judgment
of the former for that of the latter
Section 17. The President shall have control of all the
executive departments, bureaus, and offices. He shall ensure
that the laws be faithfully executed.
Self-executing provision, since the President derives his

power of control directly from the Constitution and not
from ant implementing legislation
President has full control of all members of his cabinet;
members are subject at all times to the disposition of the
President since they are merely his alter ego
Section 18. The President shall be the Commander-in-Chief

of all armed forces of the Philippines and whenever it
becomes necessary, he may call out such armed forces to
prevent or suppress lawless violence, invasion or rebellion.
In case of invasion or rebellion, when the public safety
requires it, he may, for a period not exceeding sixty days,
suspend the privilege of the writ of habeas corpus or place
the Philippines or any part thereof under martial law.
Within forty-eight hours from the proclamation of martial law
or the suspension of the privilege of the writ of habeas corpus,
the President shall submit a report in person or in writing to
the Congress. The Congress, voting jointly, by a vote of at
least a majority of all its Members in regular or special
session, may revoke such proclamation or suspension, which
revocation shall not be set aside by the President. Upon the
initiative of the President, the Congress may, in the same
manner, extend such proclamation or suspension for a
period to be determined by the Congress, if the invasion or
rebellion shall persist and public safety requires it.
THE TAKE-CARE CLAUSE

Power to take care that laws be faithfully executed
Law supposed to be enforced: Constitution, Statutes,
Judicial decisions, Administrative rules and regulations
and Municipal ordinances, Treaties entered into by our
government
Duty to execute it regardless of his doubts on its validity,
unless declared unconstitutional
The Supreme Court may review, in an appropriate proceeding

filed by any citizen, the sufficiency of the factual basis of the
proclamation of martial law or the suspension of the privilege
of the writ of habeas corpus or the extension thereof, and must
promulgate its decision thereon within thirty days from its
filing.
A state of martial law does not suspend the operation

of the Constitution, nor supplant the functioning of the
civil courts or legislative assemblies, nor authorize the
conferment of jurisdiction on military courts and agencies
over civilians where civil courts are able to function, nor
automatically suspend the privilege of the writ of habeas
corpus.
The suspension of the privilege of the writ of habeas

corpus shall apply only to persons judicially charged for
rebellion or offenses inherent in, or directly connected
with, invasion.
MILITARY POWER
Not conclusive that it is a military government

In his capacity as Commander-in-Chief
Seeks help from military to ensure effective
implementation of law
o Military establishment is the strongest single
institution in the country and could easily employ its
physical force to wrest power from civilian authorities
*NOTE: Civilian supremacy over military, thus, lessening the

danger of a military take-over
The Congress, if not in session, shall, within twenty-four

hours following such proclamation or suspension,
convene in accordance with its rules without need of a
call.
*NOTE: Suspension of privilege and not the writ itself.
The Military Power enables the President to:

1. Command all the armed forces of the Philippines
2. Suspend the privilege of writ of habeas corpus
3. Declare martial law
Page 5
COMMAND OF ARMED FORCES
CASE: Integrated Bar of the Philippines v. Zamora
FACTS:
In view of the alarming increase in violent crimes in
Metropolitan Manila, the President ordered the PNP and
the Phil. Marines to conduct joint visibility patrols for
crime prevention and suppression.
The IBP questioned validity of the order invoking its
responsibility to uphold the rule of law.
Plans all campaigns, establish all sieges and blockades,

directs all marches
Organize court martial for discipline of the members of
the armed forces, create military commissions for
punishment of war criminals
Call out the armed forces to prevent lawless violence,
invasion or rebellion
CASE: Olaguer v. Military Commission No. 34

FACTS:
In 1979, Olaguer and some others were detained by
military personnel and were charged with unlawful
possession of explosives and incendiary devices;
conspiracy to assassinate President and Mrs. Marcos;
conspiracy and proposal to commit rebellion, and
inciting to rebellion.
On August 19, 1980, the petitioners went to the SC and
filed the instant Petition for prohibition and habeas
corpus.
ISSUE: WON a military tribunal has the jurisdiction to try
civilians while the civil courts are open and functioning
HELD:
The SC nullified for lack of jurisdiction all decisions
rendered by the military courts or tribunals during the
period of martial law in all cases involving civilian
defendants.
A military commission or tribunal cannot try and
exercise jurisdiction, even during the period of martial
law, over civilians for offenses allegedly committed by
them as long as the civil courts are open and functioning,
and that any judgment rendered by such body relating to
a civilian is null and void for lack of jurisdiction on the
part of the military tribunal concerned.
ISSUE: Whether the deployment of soldiers for law

enforcement is in derogation of Article 2, Section 3 of the
Constitution
HELD:
The President did not commit grave abuse of discretion
in calling out the Marines.
President as stated in Section 18, Article VII of the
Constitution, specifically, the power to call out the
armed forces to prevent or suppress lawless violence,
invasion or rebellion. Calling the armed forces is not
proper for judicial scrutiny since it involves a political
question and the resolution of factual issues which are
beyond the review powers of this Court.
By grave abuse of discretion is meant simply capricious
or whimsical exercise of judgment that is patent and
gross as to amount to an evasion of positive duty or a
virtual refusal to perform a duty enjoined by law, or to
act at all in contemplation of law, as where the power is
exercised in an arbitrary and despotic manner by reason
of passion or hostility. When the President calls the
armed forces to prevent or suppress lawless violence,
invasion or rebellion, he necessarily exercises a
discretionary power solely vested in his wisdom.
Moreover, under Section 18, Article VII of the
Constitution, in the exercise of the power to suspend the
privilege of the writ of habeas corpus or to impose
martial law, two conditions must concur: (1) there must
be an actual invasion or rebellion and, (2) public safety
must require it. These conditions are not required in the
case of the power to call out the armed forces. The only
criterion is that "whenever it becomes necessary," the
President may call the armed forces to prevent or
suppress lawless violence, invasion or rebellion." The
implication is that the President is given full discretion
and wide latitude in the exercise of the power to call as
compared to the two other powers.
Page 6
HABEAS CORPUS
Limitations of Military Power:
Art. III, Section 15. The privilege of the writ of habeas corpus
shall not be suspended except in cases of invasion or rebellion
when the public safety requires it.
1.
He may call out armed forces when it becomes

necessary to prevent or suppress lawless violence,
invasion or rebellion.
Grounds for suspension:

Invasion
Rebellion
When public safety requires it
2.
The grounds for the suspension of the privilege of

writ of habeas corpus and proclamation of martial
law are now limited only to invasion or rebellion,
when the public safety requires it.
3.
Duration of such suspension or proclamation shall

not exceed sixty days, following it shall be
automatically lifted.
4.
Within forty-eight hours from the proclamation of

martial law or the suspension of the privilege of the
writ of habeas corpus, the President shall submit a
report in person or in writing to the Congress. The
Congress, if not in session, shall, within twenty-four
hours following such proclamation or suspension,
convene in accordance with its rules without need of
a call.
5.
The Congress, voting jointly, by a vote of at least a

majority of all its Members in regular or special
session, may revoke such proclamation or
suspension.
6.
The revocation may not be set aside by the

President.
7.
By same vote and in the same manner, the Congress

may, upon the initiative of the President, extend his
proclamation or suspension for a period to be
determined by the Congress, if the invasion or
rebellion shall persist and public safety requires it.
8.
The Supreme Court may review, in an appropriate

proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the
suspension of the privilege of the writ of habeas
corpus or the extension thereof, and must promulgate
its decision thereon within thirty days from its filing.
9.
Martial law does not automatically suspend the

privilege of the writ of habeas corpus or the
operation of the Constitution. The civil courts and
legislative assemblies shall remain open. Military
courts and agencies , are not conferred jurisdiction
over civilians where civil courts are able to function
Writ directed to the person detaining another,

commanding him to produce the body of the prisoner at a
designated time and place, with the day and cause of his
caption and detention, to do, to submit to and receive
whatever the court or judge awarding the writ shall
consider in his behalf
Right to bail is not suspended
What is permitted to be suspended is not the writ itself but
its privilege
SC decidedly has the power to annul the suspension, if the
same is not based on either grounds: invasion or
rebellion, when public safety requires it
MARTIAL LAW
Grounds for declaration:
Invasion
Rebellion
Aid in execution of civil function

Does not supersede civil authority
Assists the executive in the maintenance of law and order
No new powers are given to the executive; no civil rights
of the individuals are suspended
The following cannot be done:

o Suspend the operation of the Constitution
o Supplant the functioning of the civil courts and the
legislative assemblies
o Confer jurisdiction upon military courts and agencies
over civilians where civil courts are able to function
*NOTE: Civil courts remain to be open despite proclamation

of Martial Law. Hence, civilians cannot be tried by military
courts are open and functioning.
Page 7
10. The suspension of the privilege of the writ of habeas
corpus shall apply only to persons judicially
charged for rebellion or offenses inherent in, or
directly connected with, invasion.
11. Any person thus arrested or detained shall be
judicially charged within three days, otherwise he
shall be released.
PARDONING POWER
Discretionary in the President

May not be controlled by the Legislature or reversed by
the Court, unless there is a Constitutional violation
Limitation on the Pardoning Power:

1.
2.
3.
4.
5.
6.
7.
Cannot be granted in cases of impeachment

Cannot be granted in violations of election laws
without favorable recommendations of the comelec
Can be granted only after conviction by final
judgment (except amnesty)
Cannot be granted in cases of legislative contempt or
civil contempt
Cannot absolve convict of civil liability
Cannot restore public offices forfeited
A grant of amesty must be with the concurrence of a
majority of all the Members of the Congress
PARDON
Act of grace which exempts the individual on whom it is
bestowed from the punishment which the law inflicts for
the crime he has committed
Absolute Pardon
Does not impose any condition upon the pardonee
and is complete even without the necessity of
acceptance
Pardonee has no option but to accept it
Pardonee may reject it if he feels that the conditions

imposed upon him is more onerous than the penalty
sought to be remitted
He has placed himself under the supervision of the
Chief Executive or of his delegate to see to it that
pardonee complies with the conditions of pardon
If condition is violated BEFORE expiration of remitted

penalty:
Pardon is deemed invalidated
Pardonee may be either:
o Recommitted by the President
o Prosecuted for violation of conditional
pardon
If condition is violated AFTER expiration of remitted

penalty:
No longer a violation of the conditional pardon
EFFECTS OF PARDON
Restores not only offenders liberty but also civil and
political rights
PARDON
Liberty is restored
Pardonees sentence is
condoned,
subject
to
reinstatement in case of
violation of condition
PAROLE
No restoration of liberty
Parolee is still in the
custody of the law,
although
not
in
confinement
PAROLE
Executive
Presupposes
the
prior
service of part of the
sentence
PROBATION
Judicial
May be granted before
actual service of sentence;
involves social workers
Conditional Pardon
In the nature of the contract between the Chief
Executive and the convicted criminal/pardonee
Upon pardonees consent to the terms stipulated in
the contract
Page 8
DIPLOMATIC POWER
AMNESTY
Act of grace, concurred in by the Legislature, usually
extended to classes of persons who committed political
offenses, which puts into oblivion the offense itself
PARDON
Infraction
peace/common crimes
Granted to individuals
of
Does
not
require
concurrence of Congress
Private act
Looks forward and relieves
the pardonee of the
consequences
of
the
offense
Can be granted only after
conviction
AMNESTY
Political offenses
Granted to classes
persons
Requires concurrence
of
May be granted
before trial
even
REPRIEVE
Postponement of sentense or stay of execution
BORROWING POWER
The President may contract or guarantee foreign loans on

behalf of the Republic of the Philippines
With the concurrence of the Monetary Board
(limitation)
The Monetary Board shall submit to Congress report on
loans within 30 days from end of every quarter
Spokesman of the nation on external affairs

President may deal with foreign states and governments
Withhold recognition, maintain diplomatic relations, enter
into treaties and transact other business of foreign
relations
o Ex. Act of State
No treaty or internation agreement shall be valid and

effecftive unless concurred by at least 2/3 of all members of
the Senate
Public act
Looks backward and puts
into oblivion the offense
itself
COMMUTATION
Reduction or mitigation of the penalty , e.g. when the
death sentence is reduced to life imprisonment
Mitigates
Limited only to giving or withholding its consent or

concurrence to the ratification
Other Foreign Affairs Powers:

Power to make treaties
Power to appoint ambassadors, other public ministers
and consuls
Power to receive amabassadors and other public
ministers duly accredited to the Philippines
*NOTE: Treaties and other international agreements

concluded by the President are also subject to check by the
SC, which has the power to declare them unconstitutional.
BUDGETARY POWER
President is in the best position to determine the needs of

the government and propose the corresponding
appropriaations on the basis of existing or expected
sources of revenue
Can the President veto budget bill?

Yes. As a general rule, partial veto is not allowed.
The exceptions are: appropriation, tariff and revenue bills
line veto. Also, it must be accompanied with explanations
regarding the veto.
Congress may not increase the appropriations recommended
by the President for the operation of the Government as
specified in the budget.
Page 9
INFORMING POWER
The President shall address the Congress at the opening of its
regular session. He may also appear before it at any other
time.
Ex. SONA opening of the regular session (no limit)

Different from the power of President to call for special
session because such requires emergency, etc.
OTHER POWERS
1.
2.
3.
4.
5.
6.
7.
8.
Call Congress to a special sesion

Approve or veto bills
Deport aliens
Consent to deputation of government personnel by
COMELEC
Discipline such deputies
By delegation from Congress, exercise emergency
and tariff powers
General supervision over local government units and
autonomous regional governments
Immunity from suit during his tenure
Page 10
CHAPTER 12:
THE JUDICIAL DEPARTMENT
INDEPENDENCE OF THE JUDICIARY

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
The Supreme Court is a constitutional body. It cannot be

abolished nor may its membership or the manner of its
meetings be changed by mere legislation
The members of the Supreme Court may not be removed
except by impeachment
The Supreme Court may not be deprived of its
minimum original and appellate jurisdiction as
prescribed in Article VIII Sec. 5 of the Constitution
The appellate jurisdiction of the Supreme Court may
not be increased without its advise and concurrence
Appointees to the judiciary are nominated through the
Judicial and Bar Council, and no longer subject to the
confirmation of Commission on Appointments
The Supreme Court has administrative supervision over
all lower courts and their personnel
The Supreme Court has exclusive power to discipline
judges of lower courts
The members of the Supreme Court and lower courts
have security of tenure, which cannot be undetermined
by a law reorganizing the judiciary
They shall not be designated to any agency performing
quasi-judicial or administrative functions
The salaries of judges may not be reduced during their
continuance in office
The judiciary shall enjoy fiscal autonomy
The Supreme Court alone may initiate Rules of Court
Only the Supreme Court may order temporary detail of
judges
The Supreme Court can appoint all officials and
employees of the judiciary
Section 1. The judicial power shall be vested in one Supreme

Court and in such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to
settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not
there has been a grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
MEMBERS OF JUDICIARY
1.
2.
Members of Supreme Court

Judges of lower courts
Appointed by
the President
*NOTE: No confirmation by COA is needed upon nomination

of JBC
TERM
Rotational scheme
No limit on the number of terms appointive members
may serve
President is not bound by seniority rule
Purpose of new process of appointment

De-politicize the courts of justice
Ensure choice of competent judges
Fill existing vacancies as soon as possible
QUALIFICATIONS
Only SC Justices are required to be natural-born
citizen; the rest = only citizens of PH
Members of the Supreme Court/CA
Natural-born Filipino citizen
At least 40 years of age
At least 15 years of experience to be a judge of lower
court or engaged in the practice of law in the
Philippines
Must be a person of proven competence, integrity,
probity and independence
*NOTE: SC qualifications may not be reduced nor increased
by Congress through ordinary legislation; may only be
changed through Constitutional amendment
Judges of Lower Courts

Citizen of the Philippines
Member of the Philippine Bar
Must be a person of proven competence, integrity,
probity and independence
Congress shall prescribe the qualifications
Page 11
*NOTE: Qualifications may be increased by Congress; above
are only minimum requirements. Also, temporary
appointments are not allowed since it undermines
independence of judiciary.
APPOINTMENTS
Appointees to the judiciary are nominated through the
Judicial and Bar Council, and no longer subject to the
confirmation of Commission on Appointments
JUDICIAL POWER and

DUTY OF COURTS OF JUSTICE
JUDICIAL AND BAR COUNCIL
To settle actual controversies involving rights which are

legally demandable and enforceable
To determine whether or not there has been a grave abuse
of discretion amounting to lack or excess of jurisdiction
on the part of ANY branch or instrumentality of the
Government
Vested in Supreme Court and in such lower courts
Principal function: Recommending appointees to the

Judiciary
Prepares a list of at least 3 nominees for every vacancy
Gives the President enough leeway in exercise of his
discretion
Screens the appointments for members of judiciary
Under supervision of the Supreme Court
May exercise other functions and duties as SC may assign
to it
Replaced Commission on Appointments to avoid undue
influence (political affiliation and loyalty rather than
merit)
COURTS OF JUSTICE
Supreme Court only constitutional court
Lower Courts statutory creations
Court of Appeals
Regional Trial Court
Metropolitan Trial Court
Municipal Circuit Trial Court
*(The above-mentioned are under the Judiciary
Reorganization Law)
Court of Tax Appeals
Sandigangbayan
Sharia courts
*(The above-mentioned are not included in the reorganization)
JURISDICTION
Ex officio Members
Representative of the Integrated Bar (4)
Professor of law (3)
Retired Member of the Supreme Court (2)
Representative of the private sector (1)
Section 2. The Congress shall have the power to define,

prescribe, and apportion the jurisdiction of the various courts
but may not deprive the Supreme Court of its jurisdiction over
cases enumerated in Section 5 hereof.
Power vested in the Congress

Power to define, prescribe and apportion jurisdiction
Subject to constitutional limitations
COMPOSITION
Regular Members
Chief Justice as ex officio Chairman
Secretary of Justice
Representative of the Congress
*NOTE: Above are appointed by the President for a term of 4
years, and with consent of the Commission on Appointments
Secretary ex officio of the Council

Clerk of the Supreme Court
o Keeps a record of its proceedings.
Law regarding jurisdiction

No law shall be passed increasing the appellate
jurisdiction of the SC
Page 12
FISCAL AUTONOMY
Section 3. The Judiciary shall enjoy fiscal autonomy.

Appropriations for the Judiciary may not be reduced by the
legislature below the amount appropriated for the previous
year and, after approval, shall be automatically and regularly
released.
Guarantee of full flexibility to allocate and utilize their

resources
Power and authority to levy, assess and collect fees, fix
rates of compensation
Pay plans of government
Allocate and disburse such sums as may be provided by
law
COMPOSITION OF THE
SUPREME COURT
Composed of 1 Chief Justice and 14 Associate Justices

Fifteen members to enable the Court to cope more
effectively with its mounting backlog of cases
May meet: en banc, two, three or five divisions
Any vacancy in the Court must be filled within ninety
days from its occurrence
President is required to fill vacancies in the control within
the time frames provided
EN BANC CASES
1.
All cases involving the constitutionality of:

Treaty
International or Executive Agreement
Law
2.
All other cases which under the Rules of Court are

required to be heard en banc including constitutionality,
application, or operation of:
Presidential decrees
Proclamations
Orders
Instructions
Ordinances
Other regulations
Shall be decided with the concurrence of a majority

of the Members who actually took part in the
deliberations on the issues in the case and voted
thereon.
DIVISION CASES
Cases or matters heard by a division shall be decided or
resolved with the concurrence of a majority of the
Members who actually took part in the deliberations on
the issues in the case and voted thereon
Concurrence of at least three of such Members
When the required number is not obtained, the case shall
be decided en banc
No doctrine or principle of law laid down by the court in a
decision rendered en banc or in division may be modified
or reversed except by the court sitting en banc.
REQUISITES OF A
JUDICIAL INQUIRY
1.
2.
3.
4.
There must be an actual case or controversy

Question of constitutionality must be raised by the
proper party
Question of constitutionality must be raised at earliest
opportunity
Decision of constitutional question of must be necessary
to the determination of the case itself
ACTUAL CASE
Involves a conflict of legal rights, an assertion of opposite
legal claims susceptible of judicial resolution
Appropriate for judicial determination
Must NOT be an opinion, moot, academic, hypothetical
or based on extra-legal or other similar considerations
Must be real and substantive, admitting specific relief
through a decree
When purpose is to solicit from the court a declaratory
judgment involving interpretation of rights and duties
*NOTE: Counselling by courts is contrary to separation of
powers since advice will not have the force of law but mere
suggestion that may be accepted or rejected
PROPER PARTY
One who has sustained or is in immediate danger of
sustaining injury as a result of the act complained of
Actual or potential injury must be established
Page 13
EARLIEST OPPORTUNITY
Issue must be raised in the pleadings
Exceptions:
o In criminal cases, constitutional question can be
raised at anytime in the discretion of the court
o In civil cases, constitutional question can be raised at
any stage if it is necessary to the determination of
the case itself
o In every case, except where there is estoppel,
constitutional question can be raised at any stage if it
involves the jurisdiction of the court
EFFECTS OF A DECLARATION OF
UNCONSTITUTIONALITY
Orthodox View
Total nullity; Considered never to have existed at all
Modern View
Does not annul or repeal statue
Decision affects parties only, persons outside or
excluded from suit are not bound by judgment
Partial Unconstitutionality
Salvages the valid portions of statute
Two Conditions:
1. Legislature is willing to retain valid portion; usually
through separability clause
2. Valid portions can stand independently
*NOTE: Olaguer case - the SC nullified for the lack of
jurisdiction the military tribunals during martial law in cases
with civilian defendants
POWERS OF SC (8)
The Supreme Court may not be deprived of its minimum
original and appellate jurisdiction as prescribed in Article
VIII Sec. 5 of the Constitution
Certiorari - prayer that judgement be rendered

annulling or modifying the proceedings, as law
requires, of such tribunal, board or officer
Mandamus - when any tribunal, corporation, board,

or person unlawfully neglects the performance of an
act which the law specifically enjoins as a duty
compelling the concerned party to act
Prohibition- commands the defendant to desist from

any further proceeding in the action or matter
specified therein
Quo Warranto- action for usurpation of office or

franchise or against a corporation for violation of its
original charter or for misuse, non-use or forfeiture of
its rights and privileges
Habeas Corpus (you shall have the body) extended in all cases of illegal confinement or
detention by which any person is deprived of its
liberty, or by which the rightful custody of any
persons is withheld from the person entitled thereto
APPELLATTE JURISDICTION
The appellate jurisdiction of the Supreme Court may not be
increased without its advise and concurrence
1.
Review, revise, reverse, modify, or affirm on appeal

or certiorari, as the law or the Rules of Court may
provide, final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity

of any treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower
court is in issue.
(d) All criminal cases in which the penalty imposed
is reclusion perpetua or higher.
ORIGINAL JURISDICTION
1. Cases affecting ambassadors, other public ministers and
consuls
2. Petitions
for certiorari,
prohibition, mandamus, quo
warranto, and habeas corpus
(e) All cases in which only an error or question of

law is involved.
Right to appeal is not embraced in due process of law
Page 14
Appeals allowed are from final judgments and decrees

only of lower courts or judicial tribunal; Administrative
decisions (ex. Court martial) are not included
ADMINISTRATIVE SUPERVISION OF COURTS

The Supreme Court shall have administrative supervision over
all courts and the personnel thereof.
TEMPORARY ASSIGNMENT OF JUDGES

Assign temporarily judges of lower courts to other stations as
public interest may require. Such temporary assignment shall
not exceed six months without the consent of the judge
concerned.
Applies to judges of inferior courts

Power no longer belongs to the executive authorities,
eliminates practice of rigodon de jueces- transfer of
judges at will of the chief executive
CHANGE OF VENUE OR PLACE OF TRIAL

Order a change of venue or change of trial to avoid a
miscarriage of justice.
The power may be exercised in civil cases.
TENURE OF JUDGES
Sec. 11, Art. 8 of the Constitution guarantees the security of

tenure of the judges until they reach the retirement age of
seventy.
Members of the judiciary may be removed only after
charges have been filed and proved against them in a
proper administrative proceeding conducted or
ordered by the Supreme Court.
Power to remove judges lies in the Supreme Court
with the concurrence of a majority of the members
who actually took part in the deliberations and voted
on the issues in the case.
Besides removal, such other disciplinary measures:
Suspension
Fine
Reprimand
RULE-MAKING POWER
Authorizes the SC to promulgate rules:
On legal assistance to the underprivileged
Concerning the protection and enforcement of
constitutional rights
For a simplified and inexpensive procedure for the
speedy disposition of cases
Limitations on the rule-making power of the Supreme
Court:
Rule must be uniform for all courts of the same grade
Rules must not diminish, increase or modify
substantive rights
CONSULTATIONS OF THE COURT

The SC is required to reach its conclusions after an
exchange of ideas and full deliberation among its
members.
Once agreement is arrived at by the required majority, a
member is assigned as the ponente of the Court.
Other members may write separate concurrent opinions,
but a separate opinion is required from any dissenting
justice, who should state the reasons for his dissent.
A justice who takes no part or abstains must also explain
his non-participation as it is not permitted for a member to
refuse to act except for valid reasons.
DECISIONS OF THE COURT

APPOINTMENT OF COURT PERSONNEL
Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.
The power extends to all the officials and employees

of the judiciary itself.
No decision shall be rendered by any court without expressing

therein clearly and distinctly the facts and the law on which it
is based.
No petition for review or motion for reconsideration of a
decision of the court shall be refused due course or denied
without stating the legal basis therefor."
Page 15
Intended to inform the parties of the factual and legal

considerations employed to support the decision of
the court.
Above provision is NOT applicable to decisions of
the COMELEC and of military tribunals, which are
not courts of justice.
SALARIES OF JUDGES
The salary of the Chief Justice and Associate Justices of
the SC, and of judges of lower courts are fixed by the law.
Diminution of the salaries of judges during their
continuance in office is prohibited
Salaries of the judges MAY be raised by the legislature
PERIODS FOR DECISIONS
Sec. 15, Art. 8 of the Constitution is MANDATORY.

For the speedy disposition of cases (constitutional right)
Maximum Periods:
SC = 24 Months
Lower collegiate courts = 12 Months
Other lower courts = 3 Months
ANNUAL REPORT
The Supreme Court shall, within thirty days from the opening
of each regular session of the Congress, submit to the
President and the Congress an annual report on the
operations and activities of the Judiciary.
The annual report can be the basis of the appropriate

legislation and government policies intended to improve
the administration of justice and strengthen the
independence of the judiciary.
Page 16
CHAPTER 13:
THE CONSTITUTIONAL COMMISSIONS
26. Constitutional Commissions are allowed to appoint their

own officials and employees in accordance with the Civil
Service Law
SALARIES
The three Constitutional Commissions:

1.
Annual salary of chairmen of each of these Constitutional

Commissions P204, 000.00
Civil Service Commission (CSC) government

officers and personnel
Annual salary of the members P180,000.00
2.
Commission on Elections (COMELEC) - election
These salaries have been increased by statute and may not
3.
Commission on Audit (CoA) government money
be decreased during the incumbents continuance in

office.
CSC used to be statutory body until it was elevated to its
Purpose: To prevent the legislature from exerting
present status by the 1973 Charter.
pressure upon the Commissions by operating on their
COMELEC and CoA originally called the General
necessities.
Auditing Office
DISQUALIFICATIONS
CONSTITUTIONAL GUARANTEES FOR

INDEPENDENCE
15. Created by the Constitution itself and may not be
abolished by statute
16. Expressly described in the Constitution as independent
17. Each is expressly conferred certain powers and functions
which cannot be withdrawn or reduced by statute
18. Chairmen and members of all these Commissions may
not be removed from office except by impeachment
19. Chairmen and members of all these Commissions are
given fairly long term of seven (7) years
20. Terms of office of the chairmen and members of all these
Commissions are staggered in such a way as to lessen the
opportunity for appointment of the majority of the body
of the same President
21. Chairmen and members of all these Commissions may
not be reappointed or appointed in an acting capacity
22. Salaries of the chairmen and members of all these
Commissions are relatively high and may not be
decreased during their continuance in office
23. The Commissions all enjoy fiscal autonomy
24. Each Commission may promulgate its own procedural
rules
25. Chairmen and members of all these Commissions are
subject to certain disqualifications and inhibitions
calculated to strengthen their integrity
No member of ConCom, during his tenure, shall:
Hold any other office or employment
Practice any profession
Be financially interested in any govt contract
STAGGERING OF TERMS
Not applicable now
All members- serve for a term of 7 years

o
Except: First appointees
System of Staggering of Terms
They will not vacate their offices at the same time
Original appointees: Term of 3, 5, and 7 years
Vacancy will occur every 2 years
Requisites for the effective operation of the rotational

scheme:
1.
Original Members- begin term at a common date
2.
Vacancy before the expiration of the term- filled only

for the balance of such term
Page 17
o
Result: 1/3 of membership shall be vacated at

regular intervals
REAPPOINTMENT
OTHER PERQUISITES
The Chairmen and its members may not be reappointed or

appointed in an acting or temporary capacity as specified
Constitutional Commissions:
in Article IX-A Section 1 of the Philippine Constitution.
Have the power to appoint their own officials and

employees in accordance with the civil service laws
CASE: Brillantes v. Yorac
Enjoy
fiscal
autonomy
(Their
approved
annual
Facts: President Cory Aquino designated respondent
appropriations shall be automatically and regularly
Haydee Yorac as Acting chairman of the Commission on
released.)
Elections in place of Chairman Hilario Davide who had
been named chairman of the fact-finding commission to
PROCEEDINGS
investigate the December 1989 coup d etat attempt.
People are assured of a speedy disposition of their cases.
Issue: Whether or not the designation by the President of
Each Constitutional Commission decides by a majority
the Philippines of respondent Yorac as Acting Chairman
vote of all its Members within 60 days from the date of
of the COMELEC is unconstitutional
its submission for decision or resolution (filing of the last
Held: The court held that the designation of the President
pleading, brief, or memorandum).
of respondent Yorac as acting chairman of the

COMELEC
is
unconstitutional.
Although
the
constitutional commissions are executive in nature, they
Any decision, order or ruling of each Constitutional

Commission may be brought to the SC on certiorari
within 30 days from receipt of copy.
are not under the control of the president in the exercise

of their functions because they are vested with
independence by the Constitution as specified in Article
IX-A Section 1.
Furthermore, in the choice of the acting chairman, the

members of the Constitutional Commission would have
been guided by the seniority rule. The constitution
provides for many safeguards of independence of the
Commission on Elections, one of which is the security of
tenure of its members.
Page 18
CHAPTER 14:
THE CIVIL SERVICE COMMISSION
COMPOSITION and QUALIFICATIONS
1 Chairman and 2 Commissioners who are:

Natural Born Citizens
At least 35 years of age at the time of appointment
With proven capacity for public administration
Must not have been candidates for any elective
position in the elections immediately preceding their
appointment
The Chairman and the Commissioners shall be appointed
by the president with the consent of the commission on
appointments
TERM
7 years without reappointment (of those first appointed,

Chairman shall hold office for seven years, commissioner
for 5 years and another commissioner for three years
without reappointment)
*NOTE: No member of the commission shall be designated in

a temporary or acting capacity
SCOPE OF CIVIL SERVICE

Article IV B, Section 2 (1) - embraces all branches,
subdivisions, instrumentalities, and agencies of the
government, including government owned or controlled
corporation with original charters.
Corporations with original charters those created by

special law
E.g. the Government Service Insurance System and
Social Security System
Corporations which are subsidiaries of these
chartered agencies (like Manila Hotel), are not within
the coverage of the civil service.
CASE: National Service Corporation v. National

Labor Relations Commission (not a designated case)
It was held that in the 1987 Constitution, the government
owned or controlled corporations included in the civil
service are only those created by special law , or granted
legislative charters, and not organized under the
Corporation Code.
CLASSIFICATION OF POSITIONS
CAREER SERVICE
OBJECTIVES OF THE CSC
The CSC is expected to pursue in establishing a career
service accountable to the people and deserving of their
trust and support.
It shall establish a career service, integrate all human
resources development programs for all levels and ranks,
and institutionalize a management climate conducive to
public accountability.
It shall submit to the President and the Congress an
annual report on its programs
Composed of persons initially chosen on the basis of
qualifications alone and promoted at regular intervals on
the strength of performances.
OATH
All public officials and employees took an oath to support
and defend it
Characterized by:
1. Entrance based on merit and fitness to be determined
as far as practicable by competitive examinations.
2. Opportunity
for advancement to higher career
positions.
3. Security of tenure.
Kinds:
a) Open
career
prior
qualification
in
an
appropriate examination is required
b) Closed career scientific or highly technical in nature
Includes faculty and academic staff of state
colleges and universities, scientific and technical
position in scientific or research institutions ( shall
establish and maintain their own merit systems)
c) Positions in the Career executive Service
Undersecretary, Assistant Secretary, Bureau Director,
Assistant Bureau Director, Regional Director, Assistant
Regional Director, Chief of Department Service and other
officers of equivalent rank, as identified by Executive
Service Board (all are appointed by the President).
d) Career Officers - other than those in the Career
Executive Service, who are appointed by the president
Page 19
Foreign Service Officers in the DFA

e) Commissioned officers and enlisted men of the
Armed Forces, shall maintain a separate merit system
f) Personnel of government
Owned or controlled corporations, whether performing
governmental or proprietary functions, who do not fall
under non career service
g) Permanent labourers
Whether skilled, semi skilled, or unskilled.
EXCEPTIONS
The following are exempted from the requirement for
competitive requirements:
Policy determining position one charged with laying

down of principal or fundamental guidelines or rules such
that of a head of a department
Primarily confidential position- denoting not only

confidence , but primarily close intimacy which ensured
freedom of intercourse without embarrassment or freedom
from misgiving or betrayals of personal trust on
confidential matters of the state, or one declared to be so
by the president upon the recommendation of the Civil
Service Commission
Highly technical position where appointee possess

technical skill or training in the supreme or superior
degree.
NON-CAREER SERVICE
Characterized by:
1. Entrance on bases other than those of the usual tests of
merit and fitness utilized for the career service.
2. Tenure which limited to a period specified by law
Kinds:
1. Elective officials and their personal or confidential staff
2. Department heads and other officials of Cabinet Rank,
appointed by the president, and their personal or
confidential staff
3. Chairmen and members of commissions and boards and
their personal or confidential staff (with fixed terms of
office)
4. Contractual personnel or those employed by the
government is in accordance with a special contract for
a specific job requiring special or technical skills
5. Emergency and seasonal personnel.
SECURITY OF TENURE
No officer or employee of the Civil Service shall be
suspended or dismissed except for cause as provided by
law.
*NOTE: Under the Constitution, Civil Service shall be

administered by the Civil Service Commission.
Because of security of tenure, civil servants may become

callous to the demands of public service in the belief of
the guarantee of their incumbency, regardless of poor
performance, thus Administrative Code of 1987
enumerates grounds for the discipline of civil servants.
APPOINTMENTS
May either be permanent or temporary
PERMANENT APPOINTMENTS
May exceed 12 months
Issued to a person who meets all the requirements for the
position to which he is being appointed
o In the absence of the same, it becomes necessary to
fill in vacancies, thus temporary appointment:
TEMPORARY APPOINTMENT S
May not exceed 12 months; do not have definite term and
may be withdrawn by appointing power
A person who meets all requirements for the position
except the appropriate civil service eligibility
Non compliance with the said rules shall constitute

a denial of their security of tenure.
During a pending investigation, employee shall be
subject to preventive suspension but shall be lifted
after 90 days if he is not a presidential appointee
unless the delay in the conduct of the probe is
imputable to him.
DISQUALIFICATIONS
No elective official shall be eligible for appointment in

any capacity to any public office during his tenure
No candidate who has lost in any election shall, within a
year, be appointed to any office in the Government or any
government-owned or controlled corporations or in any of
their subsidiaries
No officer or employee in the civil service, shall engage
direct or indirect, in any electioneering or partisan
political activity
Page 20
PARTISAN POLITICAL ACTIVITY
No officer or employee in the Civil Service shall engae,
directly or indirectly in any electioneering or partisan
political campaign.
Partisan political activity active support for or affiliation

with the cause of a political party or candidate. in
general, becoming actively identified with the success or
failure of any candidate.
Exempted from the prohibition members of the
cabinet
Shall not be understood as preventing any officer or

employee from expressing his/her political views , or
from mentioning the names of candidates for public
office whom he supports:
Purpose of prohibition is two fold:

1. Prevent members of the civil service from using
government resources for the benefit of their
candidates.
2. Insulate them from political retaliation from winning
candidates they have opposed.
SELF-ORGANIZATION
Constitution: right to self-organization shall not be denied

to government employees
But employees in the civil service may not resort to

strikes, walkouts and other temporary work
stoppages, like workers in the private sector, to
pressure the Government to accede to their demands.
TEMPORARY EMPLOYEES
Constitution: temporary govt employees shall be given
such protection as may be provided by law
PROHIBITION AGAINST ADDITIONAL and

DOUBLE COMPENSATION
STANDARDIZATION OF COMPENSATION
Solution to one of the basic causes of the discontent of
many civil servants
The Congress shall provide for the standardization of
compensation of Government officials and employees
including government controlled corporations with
original charters
No public officer or employee shall receive additional,
double, or indirect compensation unless specifically
authorized by law, nor accept without the consent of the
Congress, any present, emolument, office or title of any
kind from any foreign government
Pensions or gratuities shall not be considered as
additional, double or indirect compensation
ADDITIONAL COMPENDSATION
When for one and the same office for which
compensation has been fixed there is added to such fixed
compensation an extra reward in the form of bonus and
the like
DOUBLE COMPENSATION
Refers to 2 sets of compensation for 2 different offices
held concurrently by one officer
*NOTE: Prohibition was against double compensation, not

double appointments. Hence, a second position may be held
concurrently as long as the two are not incompatible, but the
incumbent cannot collect additional salaries for services
rendered unless specifically allowed by law
Thus the Congress may provide laws that contradict

the common notion that temporary employees are
easily disposable
Page 21
CHAPTER 15:
THE COMMISSION ON ELECTIONS

Natural-born citizens at the time of their appointment
At least 35 years old
Holders of a college degree
position immediately preceding elections
Majority (including Chairman)
a. Members of the Philippine Bar
b. Engaged in the practice of law for at least 10
years
TERM and APPOINTMENT
1.
3.
4.
Appointed by the President with the consent of the

Commission on Appointments
2. Term: 7 years without reappointment
a. 3 members: 7 years
b. 2 members: 5 years
c. 1 member: 3 years
Appointment to vacancy:
a. Unexpired term of the predecessor
Appointment in a temporary or acting capacity is not
allowed.
ENFORCEMENT OF ELECTION LAWS

a. All laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum and recall
b. Can require compliance with rules for the filing of
certificates of candidacy
c. Prevent or prosecute election offenses
d. Supervise the registration of voters
e. Holding of polls
f. See to it that the canvass of the votes and
proclamation of winners are done in accordance with
law
g. Annul an illegal registry of voters
h. Cancel a proclamation made by the board of
canvassers on basis of an irregular or incomplete
canvass
i. Oust candidate proclaimed notwithstanding that he
has already assumed office
Omnibus Election Code
o COMELEC is allowed to postpone or
continue elections subject to certain
conditions.
No pardon, amnesty, parole or suspension of
sentence for violation of election laws, rules and
regulations shall be granted by the President
without favorable recommendation of the
Commission.
MEMBERSHIP
Commonwealth Charter: 3
1973 Constitution: 9
1987 Constitution: 7
o Intended to facilitate decisions of the commission en
banc
o Majority: 4 members
Purpose
To be a more effective instrument in maintaining the
secrecy and sanctity of the ballot as the concrete
expression of the will of the sovereign people.
DUTY OF SUPERVISING ELECTIONS
Originally entrusted to the Secretary Interior

o Unsatisfactory because of his partisan identification
COMELEC
o Converted into a constitutional body in 1940
POWERS and FUNCTIONS (6)
DECISION OF ELECTION CONTESTS

a. Original Jurisdiction
i. All contests relating to elections, returns and
qualifications of all elective regional, provincial
and city officials
b. Appellate Jurisdiction
i. All contests involving elective municipal
officials decided by trial courts of general
jurisdiction
ii. Involving elective barangay officials decided by
trial courts of limited jurisdiction
c. Decisions, final orders
i. Final, executory and not appealable
d. Cases may be appealed to the SC in a petition for
certiorari
i. Limited to questions of law involving lack or
excess of jurisdiction
COMELEC may sit
o En banc (Motions for reconsideration of
decisions)
Page 22
o
2 Divisions consisting of 3 members

(All election cases)
DECISION OF ADMINISTRATIVE QUESTIONS

a. Questions affecting elections
i. Determination of number and location of polling
places
ii. Appointment of election officials and inspectors
iii. Registration of voters
b. Determination of myriad administrative details
relating to the conduct of elections
c. Exception
i. Those involving the right to vote
DEPUTATION OF LAW ENFORCEMENT AGENCIES

a. Law enforcement agencies and instrumentalities
i. Including AFP
ii. For ensuring free, orderly, honest, peaceful and
credible elections
iii. May only be exercised with the consent of the
President
b.
ELECTION PERIOD
IMPROVEMENT OF ELECTIONS
a. Recommendations
i. Minimize election spending
ii. Limitation of places where propaganda materials
shall be posted
iii. Prevent and penalize all forms of election frauds,
offenses, malpractices and nuisance candidacies
Omnibus Election Code
o Allows commission to refuse to give
due course to certificates of nuisance
candidates
o Assures equal treatment for all
candidates
During the election period, the COMELEC may

supervise or regulate public utilities, media and
franchises
Commence 90 days before the day of the election End 30
days thereafter
Special cases
o Special elections for the President
Called within 7 days after vacancy
To be filled not earlier than 45 and not later than
60 days from such call
Different from campaign period
o CP: cannot be extended beyond the election day
Ends 2 days before the election
PARTY SYSTEM
REGISTRATION OF POLITICAL PARTIES

a. Necessary to give political parties their political
identity and juridical personality
b. They must present their programs and platforms
c. Enables the COMELEC to determine ig the party
seeking registration is not entitled thereto
d. Financial contribution shall be a ground for the
cancellation of the registration of the party + penal
sanctions
Submit to the President and Congress a

comprehensive report
i. Basis of legislation that may improve future
elections
6 legislators are apportioned on the basis of the different

political parties represented in their chamber, whatever
their number
Free and open party system is allowed
No votes cast in favor of a political party shall be valid
o Exceptions: under the party-list system
Party-list System
o Parties, orgs or coalitions
Shall not be represented in the voters
registration boards, boards of election inspectors,
board of canvassers
Shall be entitled to appoint poll watchers
o Block voting will still continue in the case of P-L
candidates whose election will depend precisely upon
the influence exerted by their parties upon the
electorate
FUNDS
To ensure the independence of the COMELEC

To guarantee the proper conduct of elections
JUDICIAL REVIEW
Page 23
CASE: Filipinas Engineering and Machine Shop v Ferrer
o Final orders, rulings and decisions of the COMELEC
are reviewable by certiorari by the SC
Those rendered actions or proceedings before the
COMELEC
Taken cognizance of by the said body in the
exercise of its adjudicatory or quasi-judicial
powers
CASE: People v Delgado
o Prosecution for violation of an election law is filed in
the RTC
Court acquires jurisdiction of the case and all
subsequent dispositions thereof must be subject
to its approval
PLEBISCITE
Submission of Constitutional amendments or
important legislative measures to the people for ratification
RECALL
Termination of official relationship of a local elective
official for loss of confidence prior to the expiration of his
term through the will of the electorate
Page 24
CHAPTER 16:
THE COMMISSION ON AUDIT
Watchdog of the financial operations of the government.

Replaces the General Auditing Office established under
the 1935 Constitution.
POWERS and FUNCTIONS (6)

1.
2.
3.
4.
5.
6.
Natural-born citizens at the time of their appointment

At least 35 years of age
Certified public accountants with not less than ten
years of auditing experience or members of the
Philippine Bar who have been engaged in the practice
of law for at least ten years
position in the elections immediately preceding their
appointment
At no time shall all Members of the Commission
belong to the same profession.
To examine and audit all forms of government revenue

To examine and audit all forms of government
expenditures
To settle government accounts
To define the scope and techniques for its own auditing
procedures
To promulgate accounting and auditing rules
To decide administrative cases involving expenditure of
public funds
POST-AUDITING AUTHORITY OVER (4)
TERM AND APPOINTMENT
Examine, audit and settle all accounts pertaining to the

revenue and receipts of, and expenditures or uses of funds and
property, owned or held in trust by or pertaining to, the
government, or any of its subdivisions, agencies, or
instrumentalities, including government-owned and controlled
corporations with original charters and on a post-audit basis:
o Constitutional bodies, commissions and offices that
have been granted fiscal autonomy under this
Constitution
o Autonomous state colleges and universities
o Other government-owned or controlled corporations
o Non-governmental entities
The Chairman and the Commissioners shall be appointed

by the President with the consent of the Commission on
Appointments
7 years without reappointment.
Of those first appointed, the Chairman shall hold office
for 7 years, one Commissioner for 5 years, and the other
Commissioner for 3 years, without reappointment.
Appointment to any vacancy shall be only for the
unexpired portion of the term of the predecessor.
No Member shall be appointed or designated in a
temporary or acting capacity.
Approve or refuse the disbursement of public funds
*NOTE: A warrant is drawn by the proper administrative

official and countersigned by the Commission on Audit to
secure the release of funds from the Treasury.
CASE: Ynachausti vs. Wright
The counter-signature may be compelled of it can be

shown that:
1.
2.
3.
The warrant has been legally drawn by the officer

authorized by law to do so;
An appropriation to which the warrant may be
applied exists by virtue of law; and
An unexpended balance of the amount appropriated
is available.
Page 25
CRITICAL FUNCTION OF COA
VETO APPROPRIATIONS
Done through the power of the commission to

examine, audit and settle and account violating its
own regulations
For the preventive and disallowance of irregular,
unnecessary,
excessive,
extravagant
or
unconscionable expenditures or uses of government
funds or properties
REPORT
SCOPE OF AUDITING POWERS
Major departments
Government-owned or controlled corporations
Also those now mentioned above
EXEMPTION FROM PRE-AUDIT PROCEDURES
Where expenditures are urgently needed

Delay is likely to defeat the purpose of the body
Result in prejudice to its operations
CoA shall submit an annual report (within a fixed time

required by law) to the President and the Congress
Report covers:
Financial condition and operation of the government,
its subdivisions, agencies, and instrumentalities
including
government-owned
or
controlled
corporations, and non-governmental entities subject
to its audit
Recommend measures necessary to improve their
effectiveness ad efficiency
Manner in which revenues have been collected
How appropriation laws have been implemented
Expenditures or use of public funds and properties
Submit other reports as required by law
Performance Audit
o Consists of the analytical and critical review,
assessment, and evaluation of activities, management
and fiscal operations of the Government
o To reduce costs and losses and promote greater
economy and administrative efficiency in public
expenditures
o Modern concept of audit which is beyond mere
examination of receipts and expenditures
PROHIBITED EXEMPTIONS
No law shall be passed exempting from the jurisdiction of

the COA any entity of the Government or its subsidiary
in:
o Any guise or whatever
o Investment of public funds
Page 26
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CONSTITUTIONAL LAW I

Article VII, Sec I: The executive power shall be

The President and Vice-President are elected by

*NOTE: Congress can only canvass Presidential election

The President and the Vice-President shall be elected

VACANCIES OF THE PRESIDENT

DURING HIS INCUMBENCY

The Senate of the President, in case of disability, the

VACANCIES OF THE VICE-PRESIDENT

The President shall nominate a VP

Congress shall convene in the 3 rd day after vacancy occurs

No increase in salaries during their tenure

Constitutional Law, seek to enjoin the respondent Mison

performing the functions of the Office of

Commissioner of the Bureau of Customs and the

respondent Guillermo Carague, as Secretary of the

Power to enforce and administer laws

*NOTE: Until and unless a law is declared unconstitutional,

payment of Misons salaries and emoluments

The selection by authority vested with power of an

approval of the Commission on Appointments to be valid?

HELD: NO. It is apparent, that there are four (4) groups of

The President shall nominate with the consent of the

ambassadors, other public ministers and consuls, officers of

Heads of the executive departments

President shall also appoint all other officers of the

Appointments of such officers are initiated by nomination

CASE: Sarmiento v. Mison

subjects excludes others not enumerated, it would follow

in the first group require the consent (confirmation) of the

Extended to persons possessing requisite eligibility and

Made during legislative

Made during recess

Made after the nomination

Made before confirmation

Continues until end of

Extended to persons without eligibility and are revocable

Imposition of additional duties; only an acting or

*NOTE: Both temporary appointment and designation are not

STEPS IN THE APPOINTING PROCESS

Caretaker capacity of Acting President

Derived from express power of appointment

Power of an officer to alter or modify or nullify or set

Self-executing provision, since the President derives his

Section 18. The President shall be the Commander-in-Chief

THE TAKE-CARE CLAUSE

The Supreme Court may review, in an appropriate proceeding

A state of martial law does not suspend the operation

The suspension of the privilege of the writ of habeas

Not conclusive that it is a military government

*NOTE: Civilian supremacy over military, thus, lessening the

The Congress, if not in session, shall, within twenty-four

*NOTE: Suspension of privilege and not the writ itself.

The Military Power enables the President to:

CASE: Integrated Bar of the Philippines v. Zamora

Plans all campaigns, establish all sieges and blockades,

CASE: Olaguer v. Military Commission No. 34

ISSUE: Whether the deployment of soldiers for law

Limitations of Military Power:

He may call out armed forces when it becomes

Grounds for suspension:

The grounds for the suspension of the privilege of

Duration of such suspension or proclamation shall

Within forty-eight hours from the proclamation of