Article VII: Executive Department
Executive Power- power to administer the laws.
Qualification of the President
1. Natural Born Citizen of the Philippines
2. A registered voter
3. Able to read and write
4. At least 40 years of age.
5. Resident of the Philippines for at least 10 years
Power of the President
1. Veto Power- reject or disapprove any bill passed by
the congress
2. Appointing power- to appoint its cabinet members and
other officials of the military and civil service. This certain
appointment is subject to the confirmation of the Congress’
Commission on Appointment
3. Reprieve- postponed the date of execution of a convict
from a definite date to other definite time.
4. Suspension of Sentence- postponement of a sentence
without a given definite time when will be the sentence be
executed.
5. Commutation- to lower a certain punishment given to a
convict to a lower crime.
6. Pardoning- to forgive and release the convict from
imprisonment
7. Amnesty- act of forgetfulness by the president to a
person who committed an offense undermining the
sovereignty of the state
8. Commander-in-Chief of the Armed Forces of the
Philippines
9. Declare Martial Law- to be confirmed by the congress
10. Suspend the Privilege of the writ of habeas corpus
Restrictions to Declare a Martial or suspend Habeas Corpus
1. There must be an actual invasion or rebellion on a
certain area (province, city, etc…)
2. The period must not exceed 60 days unless extended
by the congress
3. President must submit a report in person or in writing
to the congress within 48hours of proclamation or
suspension which will guide the congress in deciding the
action it should take, i.e., revocation or extension;
4. Proclamation or suspension may be made by the
Congress by voting.
5. The Supreme Court may inquire into the sufficiency of
the factual basis of the proclamation or suspension of a
Martial Law or Habeas corpus.
ARTICLE VII. THE EXECUTIVE DEPARTMENT
Section 1. EXECUTIVE POWER
Scope:
1) Executive power is vested in the President of the
Philippines.
2) The scope of this power is set forth in Art. VII of the
Constitution. But this power is not limited to those set
forth therein. The SC, in Marcos v. Manglapus, referred to
the RESIDUAL powers of the President as the Chief
Executive of the country, which powers include others not
set forth in the Constitution. EXAMPLE: The President is
immune from suit and criminal prosecution while he is in
office.
3) Privilege of immunity from suit is personal to the
President and may be invoked by him alone. It may also be
waived by the President, as when he himself files suit.
4) BUT The President CANNOT dispose of state property
unless authorized by law.
Section 2. QUALIFICATIONS
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1) Natural-born citizen of the Philippines
2) Registered voter;
3) Able to read and write;
4) At least 40 years old on the day of election
5) Philippine resident for at least 10 years immediately
preceding such election.
Note: The Vice-President has the same qualifications &
term of office as the President. He is elected with & in the
same manner as the President. He may be removed from
office in the same manner as the President.
Section 4. MANNER OF ELECTION/ TERM OF OFFICE
Manner of Election
1) The President and Vice-President shall be elected by
direct vote of the people.
2) Election returns for President and Vice-President, as
duly certified by the proper Board of Canvassers shall be
forwarded to Congress, directed to the Senate President.
3) Not later than 30 days after the day of the election,
the certificates shall be opened in the presence of both
houses of Congress, assembled in joint public session.
4) The Congress, after determining the authenticity and
due execution of the certificates, shall canvass the votes.
5) The person receiving the highest number of votes shall
be proclaimed elected.
6) In case of a tie between 2 or more candidates, one
shall be chosen by a majority of ALL the members of both
Houses, voting separately. In case this results in a
deadlock, the Senate President shall be the acting
President until the deadlock is broken.
7) The Supreme Court en banc shall act as the sole judge
over all contests relating to the election, returns, and
qualifications of the President or Vice-President and may
promulgate its rules for the purpose.
Term of Office
1) President
a) 6 years beginning at noon on 30 June immediately
following the election and ending at noon on the same day
6 years later.
b) Term limitation: Single term only; not eligible for any
reelection.
c) Any person who has succeeded as President, and
served as such for more than 4 years shall NOT be qualified
for election to the same office at any time.
2) Vice-President:
a) 6 years, starting and ending the same time as the
President.
b) Term limitation: 2 successive terms.
c) Voluntary renunciation of the office for any length of
time is NOT an interruption in the continuity of service for
the full term for which the Vice-President was elected.
Section 6. SALARIES AND EMOLUMENTS
1) Official salaries are determined by law.
2) Salaries cannot be decreased during the TENURE of the
President and the Vice-President.
3) Increases take effect only after the expiration of the
TERM of the incumbent during which the increase was
approved.
4) Prohibited from receiving any other emolument from
the government or any other source during their TENURE
Sections 7-12, PRESIDENTIAL SUCCESSION
1. Vacancies at the beginning of the term
VACANCY SUCCESSOR
4) Election of President and Vice-President after
vacancy during tem
a) Congress shall convene 3 days after the vacancy in the
office of both the President and the VP, without need of a
call. The convening of Congress cannot be suspended.
b) Within 7 days after convening, Congress shall enact a
law calling for a special election to elect a President and a
VP. The special election cannot be postponed.
c) The special election shall be held not earlier than 45
days not later than 60 days from the time of the enactment
of the law.

VP-elect will be Acting d) The 3 readings for the special law need not be held on
President-elect fails President until someone is separate days.
to qualify or to be qualified/chosen as
chosen President. e) The law shall be deemed enacted upon its approval on
third reading.
President-elect dies
or is permanently BUT: No special election shall be called if the vacancy
disabled. VP becomes President. occurs within 18 months before the date of the next
presidential election.
1. Senate President 5) Temporary disability of the President:
or
2. In case of his
The temporary inability of the President to discharge his
inability, the
duties may be raised in either of two ways:
Speaker of the
House shall act as
President until a a) By the President himself, when he sends a written
President or a VP declaration to the Senate President and the Speaker of the
shall have been House. In this case, the Vice-President will be Acting
chosen and President until the President transmits a written
qualified. declaration to the contrary.
Both President and
VP-elect are not In case of death or b) When a majority of the Cabinet members transmit to
chosen or do not disability of (1) and (2), the Senate President and the Speaker their written
qualify or both die, or Congress shall determine, declaration.
both become by law, who will be the
permanently disabled. acting President. (i) The VP will immediately be Acting President.
2. Vacancies after the office is initially filled:
(ii) BUT: If the President transmits a written
VACANCY SUCCESSOR declaration that he is not disabled, he reassumes his
position.
President dies, is
permanently disabled, Vice-President becomes
(iii) If within 5 days after the President re-assumes
is impeached, or President for the
his position, the majority of the Cabinet retransmits their
resigns. unexpired term.
written declaration, Congress shall decide the issue. In this
event, Congress shall reconvene within 48 hours if it is not
1. Senate President in session, without need of a call.
or
2. In case of his
inability, the (iv) Within 10 days after Congress is required to
Speaker of the assemble, or 12 days if Congress is not in session, a 2/3
House shall act as majority of both Houses, voting separately, is needed to
Both President and President until find the President temporarily disabled, in which case, the
Vice-President die, the President or VP will be Acting President.
become permanently VP shall have 6) Presidential Illness:
disabled, are been elected and
impeached, or resign. qualified a) If the President is seriously ill, the public must be
informed thereof.
3) Vacancy in office of Vice-President during the term
for which he was elected:
b) Even during such illness, the National Security Adviser,
the Secretary of Foreign Affairs, and the Chief of Staff of
a) President will nominate new VP from any member of
the AFP are entitled to access to the President
either House of Congress.
Section 13. DISQUALIFICATIONS

b) Nominee shall assume office upon confirmation by SOURCE OF

majority vote of ALL members of both Houses, voting SUBJECT DISQUALIFICATION
separately. (Nominee forfeits seat in Congress)

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 Prohibited from: including GOCC’s and
1. Holding any office or their subsidiaries.
employment during
their tenure, UNLESS:

N.B.
1. otherwise provided in 1. If the spouse, etc.,
the Constitution was already in any of
(e.g. VP can be the above offices at
appointed a Cabinet the time before
Member, Sec. of his/her spouse
Justice sits on Judicial became President,
and Bar Council); or he/she may continue
2. the positions are ex- in office. What is
officio and they do prohibited is
not receive any salary appointment and
or other emoluments reappointment, NOT
therefor (e.g. Sec. of continuation in office.
Finance is head of 2. Spouses, etc., can be
Monetary Board). appointed to the
judiciary and as
ambassadors and
1. Practicing, directly or consuls.
indirectly, any other
profession during
their tenure;
Sections 14-16. POWER TO APPOINT
Principles:
1. Participating in any
business; 1) Since the power to appoint is executive in nature,
Congress cannot usurp this function.

1. Being financially 2) While Congress (and the Constitution in certain cases)

interested in any may prescribe the qualifications for particular offices, the
contract with, or in determination of who among those who are qualified will
any franchise, or be appointed is the President’s prerogative.
special privilege Scope:
granted by the
government or any The President shall appoint the following:
subdivision, agency or
instrumentality 1) Heads of executive departments (CA confirmation
thereof, including needed):
GOCC’s or their
subsidiaries.
2) Ambassadors, other public ministers, and consuls (CA
confirmation needed).

3) Officers of AFP from rank of colonel or naval captain

N.B. The rule on (CA confirmation needed).
President, Vice- disqualifications for the
President, President and his Cabinet are
Cabinet Members, stricter than the normal rules 4) Other officers whose appointment is vested in him by
Deputies or applicable to appointive and the Constitution (CA confirmation needed), such as:
Assistants of elective officers under Art. IX-
Cabinet Members B, Sec. 7. a) Chairmen and members of the COMELEC, COA and CSC.

Cannot be appointed during b) Regular members of the Judicial and Bar Council.
President’s tenure as:
c) The Ombudsman and his deputies;

1. Members of the
d) Sectoral representatives in Congress.
Constitutional
Commissions;  N.B. President also appoints members of the
2. Office of the Supreme Court and judges of the lower courts, but
Ombudsman; these appointments do not need CA confirmation.
Spouses and 3. Department
4th degree Secretaries; 5) All other officers whose appointments are not
relatives of the 4. Department under- otherwise provided for by law; and those whom he may be
President secretaries; authorized by law to appoint.
(consanguinity or 5. Chairman or heads of
affinity) bureaus or offices

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a) This includes the Chairman and members of the
Commission on Human Rights, whose appointments are
provided for by law NOT by the Constitution.
b) Congress may, by law, vest the appointment of other
officers lower in rank in the President alone or in the
courts, or in the heads of departments, agencies, boards or
commissions.
c) BUT: Congress cannot, by law, require CA
confirmation of the appointment of other officers for
offices created subsequent to the 1987 Constitution (e.g.
NLRC Commissioners, Bangko Sentral Governor).
d) ALSO: Voluntary submission by the President to the
CA for confirmation of an appointment which is not
required to be confirmed does not vest the CA with
jurisdiction. The President cannot extend the scope of the
CA’s power as provided for in the Constitution.
Procedure:
1) CA confirmation needed:
a) Nomination by President
b) Confirmation by CA
c) Appointment by President; and
d) Acceptance by appointee.
Note: At any time before all four steps have been complied
with, the President can withdraw the
nomination/appointment.
2) No CA confirmation:
a) Appointment; and
b) Acceptance.
Note: Once appointee accepts, President can no longer
withdraw the appointment.
Ad-interim appointments:
1) When Congress is in recess, the President may still
appoint officers to positions subject to CA confirmation.
2) These appointments are effective immediately, but
are only effective until they are disapproved by the CA or
until the next adjournment of Congress.
3) Appointments to fill an office in an ‘acting’ capacity
are NOT ad-interim in nature and need no CA approval.
Appointments by an Acting President:
These shall remain effective UNLESS revoked by the
elected President within 90 days from his assumption or re-
assumption of office.
Limitation
1) 2 months immediately before the next Presidential
elections, and up to the end of his term, the President or
Acting President SHALL NOT make appointments. This is to
prevent the practice of ‘midnight appointments.”
2) EXCEPTION:
a) Can make TEMPORARY APPOINTMENTS
b) To fill EXECUTIVE POSITIONS;
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c) If continued vacancies therein will prejudice public
service or endanger public safety.
Section 17. Power of Control and Supervision
Power of Control:
The power of an officer to alter, modify, or set aside what
a subordinate officer has done in the performance of his
duties, and to substitute the judgment of the officer for
that of his subordinate. Thus, the President exercises
control over all the executive departments, bureaus, and
offices.
The President’s power over government-owned
corporations comes not from the Constitution but from
statute. Hence, it may be taken away by statute.
Qualified Political Agency:
1) Since all executive and administrative organizations
are adjuncts of the Executive Department, the heads of
such departments, etc. are assistants and agents of the
President.
2) Thus, generally the acts of these department heads,
etc, which are performed and promulgated in the regular
course of business, are presumptively the acts of the
President.
3) Exception: If the acts are disapproved or reprobated
by the President.
4) Under Administrative Law, decisions of Department
Secretaries need not be appealed to the President in order
to comply with the requirement of exhaustion of
administrative remedies.
5) Qualified political agency does NOT apply if the
President is required to act in person by law or by the
Constitution. Example: The power to grant pardons must
be exercised personally by the President.
Disciplinary Powers:
1) The power of the President to discipline officers flows
from the power to appoint the, and NOT from the power
control.
2) BUT While the President may remove from office those
who are not entitled to security of tenure, or those officers
with no set terms, such as Department Heads, the officers,
and employees entitled to security of tenure cannot be
summarily removed from office.
Power of Supervision:
1) This is the power of a superior officer to ensure that
the laws are faithfully executed by subordinates.
2) The power of the president over local government
units is only of general supervision. Thus, he can only
interfere with the actions of their executive heads if these
are contrary to law.
3) The execution of laws is an OBLIGATION of the
President. He cannot suspend the operation of laws.
4) The power of supervision does not include the power
of control; but the power of control necessarily includes
the power of supervision.
Section 18. COMMANDER-IN-CHIEF POWERS
Scope:
1) The President is the Commander-in-Chief of the Armed Note: While the suspension of the privilege of writ and the
Forces. proclamation of martial law is subject to judicial review,
the actual use by the President of the armed forces is
2) Whenever necessary, the President may call out the not. Thus, troop deployments in times of war is subject to
AFP to PREVENT or SUPPRESS: the President’s judgment and discretion.
Section 19: EXECUTIVE CLEMENCY
Scope:
a) Lawless violence; 1.) The President may grant the following: [ Pa R C Re]
1. Pardons (conditional or plenary)
b) Invasion; or 2. Reprieves
3. Commutations
c) Rebellion. 4. Remittance of fines and forfeitures

3) The President may also: 2.) These may only be granted AFTER conviction by final
judgment.
a) Suspend the privilege of the writ of habeas corpus; and
3.) ALSO: The power to grant clemency includes cases
involving administrative penalties.
b) Proclaim a state of martial law.
Suspension of the privilege of the writ of habeas corpus
and declaring martial law; 4.) Where a conditional pardon is granted, the
1. Grounds determination of whether it has been violated rests with
1. Invasion or the President.
2. Rebellion; and Limitations:
3. Public safety requires it.
1. The invasion or rebellion must be ACTUAL and not 1.) As to scope:
merely imminent.
1. Limitations: Cannot be granted:
1. Suspension or proclamation is effective for only 60
days.
1. Within 48 hours from the declaration or suspension, a.) Before conviction
the President must submit a report to Congress.
1. Congress, by majority vote and voting jointly, may b.) In cases of impeachment
revoke the same, and the President cannot set
aside the revocation. c.) For violations of election laws, rules, and regulation
1. In the same manner, at the President’s initiative, without the favorable recommendation of the COMELEC
Congress can extend the same for a period
determined by Congress if:
d.) In cases of civil or legislative contempt
i. Invasion or rebellion persist and
2.) As to effect:
ii. Public safety requires it.
a.) Does not absolve civil liabilities for an offense.
NOTE: Congress CANNOT extend the period motu propio.
1. Supreme Court review: b.) Does not restore public offices already forfeited,
although eligibility for the same may be restored.
Amnesty:
i. The appropriate proceeding can be filed by any citizen.
1.) An act of grace concurred in by Congress, usually
ii. The SC can review the FACTUAL BASIS of the extended to groups of persons who commit political
proclamation or suspension. offenses, which puts into oblivion the offense itself.

iii. Decision is promulgated within 30 days from filing. 2.) President alone CANNOT grant amnesty. Amnesty
1. f. Martial Law does NOT: needs concurrence by a majority of all the members of
Congress.
i. Suspend the operation of the Constitution.
3.) When a person applies for amnesty, he must admit his
ii. Supplant the functioning of the civil courts or legislative guilt of the offense which is subject to such amnesty. If his
assemblies. application is denied, he can be convicted based on this
admission of guilt.
iii. Authorize conferment of jurisdiction on military courts
over civilians where civil courts are able to function and 4.) Amnesty V. Pardon
AMNESTY PARDON
iv. Automatically suspend the privilege of the writ.
1. Suspension of privilege of the writ: Addressed to Addressed to ORDINARY
POLITICAL offenses offenses
i. Applies ONLY to persons judicially charged for rebellion
or offenses inherent in or directly connected with invasion. Granted to a CLASS of
persons Granted to INDIVIDUALS
ii. Anyone arrested or detained during suspension must be
charged within 3 days. Otherwise he should be released. Need not be accepted Must be accepted

5

Requires concurrence
of majority of all No need for Congressional
members of Congress concurrence
A public act. Subject Private act of President.
to judicial notice It must be proved.
Only penalties are
extinguished.
May or may not restore
political rights. Absolute
pardon restores.
Conditional does not.
(ii) International tribunal
Treaty will always prevail. A State cannot plead its
municipal law to justify noncompliance with an
international obligation.
(2) Power to appoint ambassadors, other public ministers,
and consuls.
(3) Power to receive ambassadors and other public
ministers accredited to the Philippines.
(4) Power to contract and guarantee foreign loans on
behalf of the Republic

Extinguishes the Civil indemnity is not (5) Power to deport aliens

offense itself extinguished.
(a) This power is vested in the President by virtue of his
Only granted after
office, subject only to restrictions as may be provided by
May be granted before conviction by final
legislation as regards the grounds for deportation.
or after conviction judgement
Section 20. Power to Contract or Guarantee Foreign (b) In the absence of any legislative restriction to
Loans authority, the President may still exercise this power.
Limitations:
(c) The power to deport aliens is limited by the
(1) The President may contract or guarantee foreign loans requirements of due process, which entitles the alien to a
on behalf of the Republic of the Philippines with the prior full and fair hearing.
concurrence of the Monetary Board; and
BUT: The alien is not entitled to bail as a matter of right.
(2) Subject to such limitations as may be provided by law.
Section 21. Foreign Relations Powers include:

(1) Power to negotiate treaties and other international
agreements
(a) BUT: Such treaty of international agreement must be
concurred in by at least 2/3 of all Senators in order to be
valid and effective in our country.
(b) Options of Senate when a treaty is submitted for its
approval:
Article VIII: Judiciary Department
Judiciary- watch dog of the Legislative and Executive
Department
Judicial Power
1. Adjudicatory power- power to use law to solve an
issue and to determine the abusesmade.
2. Judicial Review- reviewing of the validity of the laws
3. Incidental Power- Judgement of contempt.

(i) Approve with 2/3 majority; Kind of Offense

(ii) Disapprove outright; or
(iii) Approve conditionally, with suggested
amendments.
(c) If treaty is not re-negotiated, no treaty
(d) If treaty is re-negotiated and the Senate’s suggestions
are incorporated, the treaty will go into effect without
need of further Senate approval.
Note: While our municipal law makes a distinction
between international agreements and executive
agreements, with the former requiring Senate approval and
the latter not needing the same, under international law,
there is no such distinction.
Note: The President cannot, by executive agreement,
undertake an obligation which indirectly circumvents a
legal prohibition.
(e) Conflict between treaty and municipal law.
(i) Philippine court:
1. Criminal Case- an offense which affect the community
such as killings, massacre, and etc…
2. Civil Case- an offense which affect two or more
individual such as failure to comply to a contract.
Classification of Court According to Origin
1. Constitutional Court- the Supreme Court, the only
Court mandated by the constitution to be created.
2. Statutory Curt- courts created by the law (Lower
Court)
Classification of Court According to Case
1. Special Court- court which has a limited jurisdiction
a. Court of Tax Appeal- court which hold the cases
related to tax
b. Sandigan Bayan- court which hold the cases related to
graft and corruption. Has 14 Associate Justices.
c. Court of Appeals- court on which hold the cases being
appeal to be rejudged.
d. Shariah Court- court which holds the cases of civil
offenses related to Muslims.
2. Regular Court- those court which handles those
common cases

The later enactment will prevail, be it treaty or law, as it is Composition of Supreme Court
the latest expression of the State’s will. 1. One Chief Justice

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2. Fourteen Associate Justices
Qualification of a Chief Justice
1. Natural Born Citizen of the Philippines
2. At least 40 years of age
3. Must have 15 years or more been judge of a lower
court or engaged in the practicing law in the Philippines
4. Must be a person of a proven competence, integrity,
probity, and independence.
5. Must be a Member of Integrated Bar of the Philippines
Appointment of a Chief Justice/ associate justices
- A certain list of people must be submitted by the
Judicial and Bar Council to the President.
- The President will appoint the Justice but it cannot
remove any justice being appointed.
- Retirement age is 70 year old.
ARTICLE VIII. THE JUDICIAL DEPARTMENT
Sec. 1. JUDICIAL POWER
Scope:
1. Judicial power is the authority to settle justiciable
controversies or disputes involving rights that are
enforceable and demandable before the courts of justice or
the redress of wrongs for violations of such rights.
2. Vested in the Supreme Court and such lower courts as
may be established by law.
3. Since the courts are given ‘judicial power’ and nothing
more, courts may neither attempt to assume or be
compelled to perform non-judicial functions. They may not
be charged with administrative functions except when
reasonably incidental to the fulfillment of their duties.
4. In order that courts may exercise this power, there must
exist the following:
1. An actual controversy with legally demandable and
enforceable rights;
2. Involving real parties in interest;
3. The exercise of such power will bind the parties by
virtue of the court’s application of existing laws.
5. Judicial power cannot be exercised in vacuum. Without
any laws from which rights arise and which are violated,
there can be no recourse to the courts.
6. The courts cannot be asked for advisory opinions.
7. Judicial power includes:
1. The duty of the courts to settle actual
controversies involving rights which are legally
demandable and enforceable; and
1. 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.
Political Questions:
1. A ‘political question’ is one the resolution of which has
been vested by the Constitution exclusively in either the
people, in the exercise of their sovereign capacity, or in
which full discretionary authority has been delegated to a
co-equal branch of the Government.
2. Thus, while courts can determine questions of legality
with respect to governmental action, they cannot review
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government policy and the wisdom thereof, for these
questions have been vested by the Constitution in the
Executive and Legislative Departments.
Sec. 2. ROLES OF CONGRESS
1. Defining enforceable and demandable rights and
prescribing remedies for violations of such rights; and
2. Determining the court with jurisdiction to hear and
decide controversies or disputes arising from legal rights.
3. Thus, Congress has the power to define, prescribe and
apportion the jurisdiction of various courts.
1. BUT, Congress cannot deprive the Supreme Court
of its jurisdiction over cases provided for in the
Constitution.
2. Creation and abolition of courts:
1. The power to create courts implies the
power to abolish and even re-organize
courts.
2. BUT this power cannot be exercised in a
manner which would undermine the
security of tenure of the judiciary.
3. If the abolition/re-organization is done in
good faith and not for political or personal
reasons, then it is VALID. (same rule
applies for civil servants)
Sec. 3. FISCAL AUTONOMY
1. The entire judiciary shall enjoy fiscal autonomy.
2. Annual appropriations for the judiciary cannot be
reduced below the amount appropriated for the
previous year.
3. Once approved, appropriations shall be
automatically and regularly released.
Secs. 4-7; 12 JUDICIARY
Composition of the Supreme Court:
1. Chief Justice and
2. 14 Associate Justices
Note: Members of the Supreme Court and of other courts
established by law shall not be designated to any agency
performing quasi-judicial or administrative functions.
Qualifications of members of the SC:
1. Natural born citizen of the Philippines
2. At least 40 years old
3. At least 15 years of experience as a judge or in the
practice of law in the Philippines
4. Person of proven competence, integrity, probity and
independence.
Qualifications of members of lower collegiate courts (CA,
CTA, Sandiganbayan)
1. Natural born citizen of the Philippines
2. Member of the Philippine bar
3. Possesses other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and
independence.
Qualifications of judges of lower non-collegiate courts:
1. Citizen of the Philippines (may be a naturalized citizen)
2. Member of the Philippine Bar
3. Possesses other qualifications prescribed by Congress Secs. 4-6, 13. THE SUPREME COURT
Hearing of cases:
4. Person of proven competence, integrity, probity and 1. En banc; or
independence. 2. Divisions of 3, 5, or 7.
Section 8. JUDICIAL AND BAR COUNCIL Cases required to be heard en banc:

1. The Judicial and Bar Council is under the supervision of 1. All cases involving constitutionality of a/an:
the SC.
a. Treaty
A. Is under the supervision of the Supreme Court and is
composed of: b. International or executive agreement or
1. Chief Justice, as ex-officio chairman
2. Secretary of Justice, as an ex-officio member c. Law.
3. Representative of Congress, as an ex-officio
member
4. Representative of the Integrated Bar 2. All cases required to be heard en banc under the Rules
5. A professor of law of Court:
6. A retired member of the SC; and a. Appeals from Sandiganbayan; and
7. Private sector representative
Note: The last four re the regular members of the b. From the Constitutional Commissions
JBC. Regular members are appointed by the President with
CA approval. Regular members serve for 4 years, with 3. All cases involving the constitutionality, application or
staggered terms. operation of
B. Functions of JBC
1. Principal function: recommend appointees to the
a. Presidential decrees
Judiciary
2. Exercise such other functions as the SC may assign
to it. b. Proclamations
C. Appointments to the Judiciary
1. President shall appoint from a list of at least 3 c. Orders
nominees for each vacancy, as prepared by the
JBC. d. Instructions
2. No CA confirmation is needed for appointments to
the Judiciary.
3. Vacancies in SC should be filled within 90 days e. Ordinances; and
from the occurrence of the vacancy.
4. Vacancies in lower courts should be filled within 90 f. Other regulations.
days from submission to the President of the JBC
list. 4. Cases heard by a division where required majority of 3
Sec. 10. SALARIES was not obtained.

1. Salaries of SC Justices and judges of lower courts shall
be fixed by law.
2. Cannot be decreased during their continuance in office,
but can be increased.
3. Members of the Judiciary are NOT exempt from
payment of income tax.
Sec. 11. TENURE/DISCIPLINARY POWERS OF SC
5. Cases where SC modifies or reverses a doctrine or
principle of law laid down by the SC en banc or by a
division.
6. Administrative cases to discipline or dismiss judges of
lower courts; and
7. Election contests for President and Vice-President.
Cases heard by division

1. Members of the SC and judges of the lower courts hold
office during good behavior until
a. The age of 70 years old; or
b. They become incapacitated to discharge their duties.
1. Must be decided with the concurrence of a majority of
the members who took part in the deliberations and voted
thereon.
2. Majority vote in a division should be at least 3 members.
Powers of the SC

2. Disciplinary action against judges of lower courts: 1. SC has ORIGINAL jurisdiction over

a. Only the SC en banc has jurisdiction to discipline or a. Cases affecting ambassadors, other public ministers and
dismiss judges of lower courts. consuls.

b. Disciplinary action/dismissal: Majority vote of SC Note: This refers to foreign ambassadors, etc., stationed in
Justices who took part in the deliberations and voted the Philippines.
therein.
3. Removal of SC Justices: b. Petitions for certiorari, prohibiton, mandamus, quo
warranto, and habeas corpus.
a. Only by IMPEACHMENT.
b. Cannot be disbarred while they hold office.

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2. SC has APPELLATE jurisdiction over final judgments and 1. Reached in consultation before being assigned to a
orders in the following: member for the writing of the opinion.

a. All cases involving the constitutionality or validity of any 2. A certification to this effect must be signed by the Chief
1. treaty Justice and attached to the record of the case and served
2. international or executive agreement upon the parties.
3. law
4. presidential decree 3. Members of the SC who took no part, or who dissented or
5. proclamation abstained must state the reasons therefore.
6. order Note: This procedure shall also be observed by all lower
7. instruction collegiate courts (CA, CTA, and the Sandiganbayan).
8. ordinance, or JUDICIAL REVIEW
9. regulation; Definition
1. Judicial Review is the power of the SC to declare a law,
b. All cases involving the legality of any treaty, ordinance etc. unconstitutional.
1. tax
2. impost 2. Lower courts may also exercise the power of judicial
3. assessment or review, subject to the appellate jurisdiction of the SC.
4. toll or
5. any penalty imposed in relation thereto;
3. Only SC decisions are precedent, and thus, only SC
decisions are binding on all.
c. All cases in which the jurisdiction of any lower court is Requisites Code: [A R S Co
in issue R]
1. An ACTUAL CASE calling for the exercise of judicial
d. Criminal cases where the penalty imposed is reclusion power
perpetua or higher; and 2. The question involved must be RIPE FOR ADJUDICATION,
i.e. the government act must have had an adverse effect
e. All cases where ONLY errors or questions of law are on the person challenging it.
involved. 3. The person challenging the governmental act must have
‘STANDING’, i.e. a personal and substantial interest in the
case such that he has sustained, or will sustain, direct
3. Temporarily assign lower court judges to other stations injury as a result of its enforcement.
in the public interest. 4. The question of Constitutionality must be raised in the
first instance, or at the earliest opportunity.
Note: Temporary assignment shall not exceed 6 months 5. Resolution of the issue of constitutionality is
without the consent of the judge concerned. unavoidable or is the very lis mota.
Effect of a declaration of unconstitutionality:
4. Order a change of venue or place of trial to avoid a
miscarriage of justice. 1. Prior to the declaration that a particular law is
unconstitutional, it is considered as an ‘operative fact’
5. Promulgate rules concerning: which at that time had to be complied with.

a. The protection and enforcement of constitutional rights;
b. Pleading, practice and procedure in all courts;
c. Admission to the practice of law;
2. Thus, vested rights may have been acquired under such
law before it was declared unconstitutional.
3. These rights are not prejudiced by the subsequent
declaration that the law is unconstitutional.
Sec. 14. DECISIONS

d. The Integrated Bar; and

e. Legal assistance to the underprivileged.
Limitations on Rule Making Power
a. It should provide a simplified and inexpensive procedure
for the speedy disposition of cases.
b. It should be uniform for all courts of the same grade.
c. It should not diminish, increase, or modify substantive
rights.
6. Appoint ALL officials and employees of the Judiciary, in
accordance with Civil Service Law.
7. Exercise administrative supervision over ALL courts and
the personnel thereof.
Decisions of the Supreme Court:
1. Decisions MUST state clearly and distinctly the facts and
the law on which it is based.
2. Refusal to give due course to petitions for review and
motions for reconsideration must state the legal basis for
such refusal.
3. Memorandum decisions, where the appellate court
adopts the findings of fact and law of the lower court, are
allowed as long as the decision adopted by reference is
attached to the Memorandum for easy reference.
4. These rules only apply to courts. They do not apply to
quasi-judicial or administrative bodies nor to military
tribunals.
ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS
Section 1. Constitutional Commissions
Independent Constitutional Commissions:
1) Civil Service Commission (CSC)

9
2) Commission on Elections (COMELEC)
3) Commission on Audit (COA)
Why Independent?
They perform vital functions of government. Their
integrity is protected by the fact that they:
1) Are constitutionally created (Sec. 1)
2) Have independent powers of appointment (Sec. 4)
3) Each Commission may promulgate its own procedural
rules (Sec. 6)
4) Fiscal autonomy (Sec. 5)
5) Salaries may not be diminished during their office (Sec.
3)
6) Commissioners have a fixed term
7) Commissioners are removable by impeachment only.
Section 2. DISQUALIFICATIONS
Disqualifications:
Members cannot, during their tenure:
1) Hold any other office or employment;
2) Engage in the practice of any profession;
3) Engage in the active management or control of any
business, which, in any way, may be affected by the
functions of their office; and
4) Be financially interested, direct or indirect, in any
contract, franchise, privilege granted by the government,
any of its subdivisions, agencies, instrumentalities,
including GOCC’s and their subsidiaries.
Note: The Ombudsman and his deputies are subject to the
same qualifications.
Section 3. SALARIES
Salaries
1) Salaries are fixed by law and shall not be decreased
during their TENURE.
2) Decreases in salaries only affect those members
appointed AFTER increase.
3) Incumbent members do not lose any salary.
4) Increases take effect IMMEDIATELY.
Section 6. RULES OF PROCEDURE
Procedures:
1) Rules: The Commissions may promulgate its own rules
EN BANC.
2) Limitation: It shall not:
a) Diminish,
b) Increase, or
c) Modify substantive rights.
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3) Power of SC
a). The SC may not, under Art. VIII Sec. 5(5), exercise the
power to disapprove rules of “special courts and quasi-
judicial bodies.”
b). In proceedings before the Commissions, the rules of the
Commission prevail.
c). In proceedings before a court, the Rules of Court
prevail.
d). The SC may, however, in appropriate cases, exercise
JUDICIAL REVIEW
Section 7. DECISION MAKING/APPEAL
Decision-Making:
1) Each commission shall decide matter or cases by a
majority vote of all the members within 60 days from
submission.
 COMELEC may sit en banc or in 2 divisions.
 Election cases, including pre-proclamation
controversies are decided in division, with motions
for reconsideration filed to the COMELEC en banc.
 The SC has held that a majority decision decided
by a division of the COMELEC is a valid decision.
2) As COLLEGIAL BODIES, each commission must act as one,
and no one member can decide a case for the entire
commission. (i.e. The Chairman cannot ratify a decision
which would otherwise have been void).
Appeals:
1) Decisions, orders or rulings of the COMELEC/COA may be
brought on certiorari to the SC under Rule 65.
2) Decisions, orders or ruling of the CSC should be appealed
to the CA under Rule 43.
Enforcement:
 It has been held that the CSC can issue a writ of
execution to enforce judgments which are final.
THE CIVIL SERVICE COMMISSION
Section 1. COMPOSITION/QUALIFICATIONS/TERM
Composition:
1) Chairman
2) Commissioners – 2 commissioners
Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of their appointments;
3) With proven capacity for public administration; and
4) NOT candidates for any elective position in the elections
immediately preceding their appointment.
5) Appointees by the President to the CSC need Commission
on Appointments (CA) confirmation
Term:
1) Chairman -7 years; Commissioner1 – 5 yrs;
Commissioner2 – 3 yrs
2) Limitation: single term only, no reappointment
3) Appointment to vacancy: only for unexpired term of  While a person next in rank is entitled to
predecessor preferential consideration, it does not follow that
4) No temporary appointments, or appointments in acting only he, and no one else, can be appointed. Such
capacity. person has no vested right to the position and the
Section 2. Scope: appointing authority is not bound to appoint the
person next in rank.
The Civil Service embraces all: Tenure (Classification of Positions)
Career Service Non-Career Service
A. branches,
1. Entrance based on
B. subdivisions, merit and fitness to be
determined as far as
C. instrumentalities, practicable by
competitive
examinations or based 1. Entrance on bases
D. agencies of the government, on highly technical OTHER than usual tests of
qualifications. merit and fitness.
E. including GOCCs with original charters.
1. Tenure limited
1.”With Original Charter” means that the GOCC was to:
created by special law/by Congress
a) Period specified by
2. If incorporated under the Corporation Code, it does not law,
fall within the Civil Service, and is not subject to the CSC
jurisdiction. b) Coterminous with
the appointing authority
3. Even if once government-controlled, then becomes or subject to his pleasure,
privatized, ceases to fall under CSC. or

4. Jurisdiction is determined as of the time of filing the c) Limited to the

complaint. duration of a particular
Appointments to civil service shall be: project for which purpose
A. Competitive positions 2. Entitled to security the employment was
 According to merit and fitness to be determined by of tenure made.
competitive examinations, as far as practicable
except to positions which are policy-determining, 3. With opportunity
primarily confidential, or highly technical. for advancement to
B. Non-competitive positions higher career
positions.
1). No need for competitive examinations. Security of Tenure:

2). 3 kinds 1) Officers or employees of the Civil Service cannot be

removed or suspended EXCEPT for cause provided by law. It
a) Policy-determining – formulate a method of action guarantees both procedural and substantive due process.
for the gov’t
2) For “LEGAL CAUSE” – Cause is:
b) Primarily confidential – more than ordinary
confidence; close intimacy insures freedom of intercourse a). related to and affects the administration of office, and
without betrayals of personal trust…
b). must be substantial (directly affects the rights &
c) Highly technical – requires technical skill to a interests of the public)
superior degree.
C. The TEST to determine whether non/competitive is 3) Security of tenure for Non-competitive positions
the Nature of the responsibilities, NOT the
administrative or legislative description given to it.
a). Primarily confidential officers and employees hold
D. Both types of positions are entitled to security of
office only for so long as confidence in them remains.
tenure. They only differ in the MANNER in which they
are filled.
E. Who may be appointed: b). If there is GENUINE loss of confidence, there is no
removal, but the expiration of the term of office
1). RULE: Whoever fulfills all the qualifications prescribed
by law for a particular position may be appointed therein. c). Non-career service officers and employees do not enjoy
security of tenure.
2). The CSC cannot disapprove an appointment just
because another person is better qualified, as long as the d). Political appointees in the foreign service possess
appointee is himself qualified. tenure coterminous with that of the appointing authority
or subject to his pleasure.
4) One must be VALIDLY APPOINTED to enjoy security of
3). The CSC CANNOT add qualifications other than those
tenure. Thus, one who is not appointed by the proper
provided by law.
appointing authority does not acquire security of tenure.
F. Next-In-Rank Rule
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Abolition of Office
To be valid, abolition must be made:
(a) In good faith; (good faith is presumed)
(b) Not for political or personal reasons; and
(c) Not in violation of law
Temporary employees are covered by the following
rules:
1). Not protected by security of tenure – can be removed
anytime even without cause
2). If they are separated, this is considered an expiration of
his term.
3). BUT: They can only be removed by the one who
appointed them.
4). Entitled only to such protection as may be provided by
law.
No officer or employee in the Civil Service shall engage
in any electioneering or in partisan political activity
1) Cannot solicit votes in favor of a particular candidate.
2) Cannot give campaign contributions or distribute
campaign materials.
3) BUT: Allowed to express views on political issues, and to
mention the names of the candidates whom he supports.
4) Prohibition does not apply to department secretaries
Right to organize
The right to organize does NOT include the right to strike
Sections 6-7. DISQUALIFICATION
Disqualifications
1) Losing candidates in any election
a). Cannot be appointed to any office in the government or
GOCC’s or their subsidiaries.
b). Period of disqualification: One (1) year after such
election.
2) Elective officials
a). Not eligible for appointment or designation ANY
CAPACITY to ANY PUBLIC OFFICE or position during their
tenure.
b). EXCEPTION: May hold ex officio positions.
 Examples:
 The Vice President may be appointed
Cabinet member
 Congressman may sit in the Judicial and
Bar Council
c). To be eligible to hold any other office, the elected
official must first resign his office
d). Even Congress cannot, by law, authorize the
appointment of an elective official.
3). Appointive officials
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a). Cannot hold any other office or employment in the
government, any subdivision, agency, instrumentality,
including GOCC’s and their subsidiaries.
b). EXCEPTION: Unless otherwise allowed by law, or by the
primary functions of his position.
c). This exception DOES NOT APPLY to Cabinet members,
and those officers mentioned in Art. VII, Sec. 13. They are
governed by the stricter prohibitions contained therein.
Section 8. COMPENSATION
1) Prohibitions: applies to elected or appointed officers
and employees
Cannot receive:
A. Additional – an extra reward given for the same office
i.e. bonus
B. Double – when an officer is given 2 sets of
compensation for 2 different offices held concurrently by 1
officer
C. Indirect Compensation
2) EXCEPTION: Unless specifically authorized by law
A. “SPECIFICALLY AUTHORIZED” means a specific authority
particularly directed to the officer or employee
concerned.
B. BUT: per diems and allowances given as REIMBURSEMENT
for expenses actually incurred are not prohibited
3) Cannot accept any present, emolument, office, title of
any kind from foreign governments UNLESS with the
consent of Congress.
4) Pensions and gratuities are NOT considered as
additional, double, or indirect compensation.
THE COMMISSION ON ELECTIONS
Section 1. COMPOSITION/QUALIFICATIONS/TERM
Composition: (7)
1) Chairman and
2) Commissioners (6)
Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of appointment
3) Holders of college degrees; and
4) Not candidates for any elective position in the
immediately preceding elections.
5) Majority of the Commission, including the Chairman must
be:
a). Members of the Philippines Bar
b). Engaged in the practice of law for at least 10 years:
“any activity in or out of court, which requires the
application of law, legal procedure, knowledge, training
and experience.”
6) Appointments subject to CA approval
Term:
1) Chairman -7 yrs; 3 Members – 7 yrs; 2 Members – 5 yrs; 1
Member – 3 yrs.
2) LIMITATION: Single term only: no reappointment
allowed
3) Appointment to a vacancy: only for unexpired portion of
predecessor’s term
4) No temporary appointments, or appointments in acting
capacity
a). Thus, the President cannot designate an incumbent
commissioner as acting Chairman.
b). The choice of temporary chairman falls under the
COMELEC’s discretion.
Section 2. POWERS AND FUNCTIONS
Powers:
1) Enforce and administer all laws and regulations relative
to the conduct of an election, plebiscite, initiative,
referendum, and recall.
(a) Ex: COMELEC can enjoin construction of public works
within 45 days of an election.
1) Exercise:
A. Exclusive original jurisdiction over all contests relating
to the elections, returns, and qualifications of all elective
1. Regional,
2. Provincial, and
3. City officials
B. Appellate jurisdiction over all contests involving:
1. Elective municipal officials decided by trial courts of
general jurisdiction
2. Elective barangay officials decided by trial courts of
limited jurisdiction.
C. Decisions, final orders, or rulings of the Commission on
election contests involving elective municipal and barangay
offices shall be final, executory, and not appealable.
Exception: Appealable to the SC on questions of law.
1. Contempt powers
1. COMELEC can exercise this power only in relation to its
adjudicatory or quasi-judicial functions. It CANNOT
exercise this in connection with its purely executive or
ministerial functions.
2. If it is a pre-proclamation controversy, the COMELEC
exercises quasi-judicial/administrative powers.
3. Its jurisdiction over ‘contests’ (after proclamation), is in
exercise of its judicial functions.
E. The COMELEC may issue writs of certiorari, prohibition
and mandamus in exercise of its appellate
jurisdiction. This is not an inherent power.
13
3) Decide, except those involving the right to vote, all
questions affecting elections, including determination of
the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.
Note: Questions involving the right to vote fall within the
jurisdiction of the ordinary courts.
4) Deputize, with the concurrence of the President, law
enforcement agencies and instrumentalities of the
Government, including the Armed Forces of the Philippines,
for the exclusive purpose of ensuring free, orderly, honest,
peaceful, and credible elections.
a). This power is NOT limited to the election period.
b). Applies to both criminal and administrative cases.
5) Registration of political parties, organizations, or
coalitions/accreditation of citizens’ arms of the
Commission on Elections.
a). The political parties etc. must present their platform or
program of government.
b). There should be sufficient publication
c). Groups which cannot be registered:
i. Religious denominations/sects
ii. Groups which seek to achieve their goals through
violence or unlawful means
iii. Groups which refuse to uphold and adhere to the
Constitution
iv. Groups which are supported by any foreign government.
d). BUT: Political parties with religious affiliation or which
derive their principles from religious beliefs are
registerable.
e). Financial contributions from foreign governments and
their agencies to political parties, organizations, coalitions,
or candidates related to elections constitute interference
in national affairs. If accepted, it is an additional ground
for the cancellation of their registration with the
Commission, in addition to other penalties that may be
prescribed by law.
1) File, upon a verified complaint, or on its own
initiative, petitions in court for inclusion of exclusion of
voters; investigate and, where appropriate, prosecute
cases of violations of election laws, including acts or
omissions constituting elections frauds, offenses and
malpractices.
1. COMELEC has exclusive jurisdiction to investigate
and prosecute cases for violations of election laws.
2. COMELEC can deputize prosecutors for this
purpose. The actions of the prosecutors are the
actions of the COMELEC
3. Preliminary investigation conducted by COMELEC is
valid.
2) Recommend to the Congress effective measures to
minimize election spending, including limitation of places
where propaganda materials shall be posted, and to
prevent and penalize all forms of election frauds, offenses,
malpractices, and nuisance candidacies.
3) Recommend to the President the removal of any
officer or employee it has deputized, or the imposition of
any other disciplinary action, for violation or disregard or,
or disobedience to its directive, order, or decision.
4) Submit to the President and the congress a
comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall.
Section 3. RULES OF PROCEDURE/DECISION-MAKING
Rules of Procedure
1) COMELEC can sit en banc or in two divisions
2) It has the power to promulgate its own rules of
procedure in order to expedite disposition of election
cases, including pre-election controversies.
Decision-Making
1) Election cases should be heard and decided in division.
Provided that,
2) Motions for reconsideration of decisions should be
decided by COMELEC en banc.
3) ”Decisions” mean resolutions on substantive issues.
2) If a division dismisses a case for failure of counsel to
appear, the Motion for Reconsideration here may be heard
by the division.
3) EXCEPTION: COMELEC en banc may directly assume
jurisdiction over a petition to correct manifest errors in the
tallying of results by Board of Canvassers.
Section 4. SUPERVISION/REGULATION OF FANCHISES /
PERMITS / GRANTS / SPECIAL PRIVILEGES / CONCESSIONS
Regulation of franchises
A. What can COMELEC supervise or regulate
1). The enjoyment or utilization of all franchises or permits
for the operation of transportation and other public
utilities, media of communication or information.
2). Grants, special privileges or concessions granted by the
Government or any subdivision, agency or instrumentality
thereof, including any GOCC or its subsidiary
B. When can COMELEC exercise this power
1). During the election period
a). Under Article XI, Section 9, the election period
commences 90 days before
the day of the election and ends 30 days thereafter.
b). In special cases, COMELEC can fix a period.
2). Applies not just to elections but also to plebiscites and
referenda.
3). Plebiscite: Submission of constitutional amendments or
important legislative measures to the people ratification
4). Referendum: power of the electorate to approve or
reject legislation through an election called for that
purpose.
COMELEC and the MEDIA
1). COMELEC cannot compel print media to donate free
space to the COMELEC. It may, however, compel it to
provide space after paying just compensation.
14
2). Power of COMELEC is over franchises and permits, NOT
individuals. For example, COMELEC may not regulate media
practitioners, for this would violate the freedom of
expression.
Section 5. No pardon, amnesty, parole, or suspension of
sentence for violation of election laws, rules, and
regulations shall be granted by the President without the
favorable recommendation of the Commission.
Section 6
Definition of Political Party
 organized group of persons pursuing the same
political ideals in a government and includes its
branches, and divisions
Importance of registration of a political party
1) Registration confers juridical personality on the party.
2) It informs the public of the party’s existence and
ideals.
3) It identifies the party and its officers for purposes of
regulation by the COMELEC.
Section 7. No votes cast in favor of a political party,
organization, or coalition shall be valid, except for those
registered under the party-list system as provided in this
Constitution.
Prohibition on block-voting
1) General rule: Block voting NOT allowed
2) EXCEPTION: those registered under the party-list system
Section 8. PARTY LIST SYSTEM
No Right to be Represented in Various Boards
 Political parties, organizations, or coalitions
registered under the party-list system shall NOT be
represented in the following:
1). Voters’ registrations boards,
2). Boards of election inspectors,
3). Boards of canvassers, or
4). Other similar bodies.
Poll Watchers
 Political parties, etc. are entitled to appoint poll
watchers in accordance with law.
Section 10. Bona fide candidates for any public office
shall be free from any form of harassment and
discrimination.
 This section does not give candidates immunity
from suit.
 Discrimination includes unequal treatment in the
availment of media facilities.
Section 11. FUNDING
How provided
1) Funds certified by the COMELEC as necessary to defray
the expenses for holding regular and special elections,
plebiscites, initiative, referenda and recalls, shall provided
in the regular or special appropriations.
2) Funds should be certified by the COMELEC as
necessary.
Release of funds
  Once approved, funds should be released
automatically upon certification by the Chairman
of COMELEC.
THE COMMISSION ON AUDIT
Section 1. COMPOSITION/QUALIFICATIONS
Composition:
1) Chairman, and
2) Commissioners (2).
Qualifications:
1) Natural-born citizens of the Philippines
2) At least 36 years old at the time of their appointment;
3) Either:
a). CPA’s with at least 10 years auditing experience; or
b). Members of Phil. Bar with 10 years of practice.
4) Members cannot all belong to the same profession.
5) Subject to confirmation of the CA.
6) Must not have been candidates for any elective
position in the elections immediately preceding their
appointment.
Term:
1) Chairman -7 yrs; Commissioner1 -5yrs; Commissioner –
2 -3 yrs.
2) LIMITATION: – Single terms only; no re-appointment
allowed
3) Appointments to any vacancy shall only be for the
unexpired portion of predecessor’s term.
Section 2. POWERS
1) Examine, audit, and settle accounts pertaining to:
1. Revenue and receipts of funds or property; or
2. Expenditures and uses of funds or property
Owned or held in trust by, or pertain to:
1. The Government;
2. Any of its subdivisions, agencies or
instrumentalities;
3. Including GOCC’s with original charters.
2) Conduct post-audit with respect to the following:
1. Constitutional bodies, commissions, and offices
granted fiscal autonomy;
2. Autonomous state colleges and universities;
3. GOCC’s and their subsidiaries incorporated under
the Corporation Code.
4. None-governmental entities receiving subsidies or
equity, directly or indirectly, from or through the
government, which are required by law of the
granting of institution to submit to such audit.
3) If COA finds internal control system of audited
agencies as inadequate, COA may adopt measures,
including temporary or special pre-audit, as may be
necessary.
4) Keep the general accounts of the government,
preserving vouchers and other supporting papers pertaining
thereto.
15
5) Exclusive authority to define the scope of COA’s audit
and examination and to establish the techniques and
methods required therefor.
6) Promulgate accounting and auditing rules and
regulations.
1. Including those for the prevention or disallowance
of irregular, unnecessary, excessive, extravagant,
or unconscionable expenditures or uses of
government funds and properties.
2. Failure to comply with these rules can be a ground
for disapproving the payment of a proposed
expenditure.
Note:
1) The functions of COA can be classified as:
1. Examine and audit all forms of government
revenues;
2. Examine and audit all forms of gov’t expenditures
3. Settle gov’t accounts
4. Promulgate accounting and auditing rules
(including those for the prevention of
irregular…expenditures.
5. To decide administrative cases involving
expenditures of public funds.
2) COA can settle only LIQUIDATED ACCOUNTS or those
accounts which may be adjusted simply by arithmetic
process.
3) COA has authority not just over accountable officers
but also over other officers who perform functions related
to accounting such as verification of evaluations and
computation of fees collectible, and the adoption of
internal rules of control.
4) COA does not have the power to fix the amount of an
unfixed or undetermined debt.
5) Where the following requirements are complied with,
it becomes the ministerial duty of the COA to approve and
pass in audit vouchers for payment:
1. There is a law appropriating funds for a particular
purpose;
2. There is a contract, made by the proper officer,
entered into in conformity with the above-
mentioned law;
3. The goods or services covered by such contract
have been delivered or rendered in pursuance to
such contract, as attested by the proper officer;
and
4. Payment has been authorized by officials of the
corresponding department or bureau.
6) Prosecutors may still review accounts already settled
and approved by COA for the purpose of determining
possible criminal liability. This is because COA’s interest in
such accounts is merely administrative.
7) COA has the power to determine the meaning of
‘public bidding’ and what constitutes failure when
regulations require public bidding for the sale of
government property.
Section 3. No law shall be passed exempting any entity
of the Government or its subsidiary in any guise
whatever, or any investment of public funds, from the
jurisdiction of the Commission on Audit.