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CONSTITUTIONAL LAW I
February 2, 1987, the date the 1987 Constitution took effect. In reckoning the seven
year term, the starting point is always a February 2 even if the appointee actually
took office after February 2. [Gaminde v. Commission on Audit, G.R. No. 140335,
December 13, 2000]
The non-competitive positions are those which by their nature are (1) policy deter-
mining, (2) primarily confidential, or (3) highly technical. [Art. IX Sec. 2(2)]
The power is limited. The employee may only be removed for cause and in accord-
ance with procedural due process. [Larin v. Executive Secretary, 280 SCRA 713]
For abolition of office to escape the taint of unconstitutionality, it must be made (1)
in good faith, (2) not for personal or political reasons, and (3) not in violation of the
law. [Roque v. Ericta, 53 SCRA 156, 162-3 (1973)]
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No. They may not be removed anytime without cause. [Mendiola v. Tancinco, 52
SCRA 66 (1973)]
No. The sole function of the Commission is to attest to the qualification of the ap-
pointee. [Luego v. Civil Service Commission, 143 SCRA 327 (August 5, 1986)]
Yes. The CSC may revoke a certificate of eligibility motu propio. The power to issue a
certificate of eligibility carries with it the power to revoke one that has been given.
[Lazo v. Civil Service Commission, 236 SCRA 469, 472 (1994)]
Yes. (1) The Vice-President may be appointed member of the Cabinet. [Art. VII Sec.
3] (2) A Member of Congress is designated to sit in the Judicial and Bar Council. [Art.
VIII Sec. 8(1)]
No. Unlike the exceptions abovementioned, the provisions of Art. IX,B Sec. 7 prohib-
its elective officials other than members of Congress from accepting appointment
during their tenure. If the elective official accepts an appointment without first re-
signing his elective position, the appointment is invalid. [Flores, et al. v. Drilon and
Gordon. G.R. No. 104732, June 22, 1993]
Yes. Art. VIII states that pensions or gratuities shall not be considered as additional,
double, or indirect compensation.
No, Art. IX,C Section 1(2) prohibits the appointment of members in a temporary or
acting capacity. The choice of a temporary chairman falls under the discretion of the
Commission and cannot be exercised for it by the President. [Brillantes, Jr. v. Yorac,
G.R. No. 93867, December 18, 1990]
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Does the Commission have the power to transfer municipalities from one
congressional district to another for the purpose of preserving proportional-
ity?
No. The deliberations of the Constitutional Commission on the subject clearly exclud-
ed the power to transfer whole municipalities. [Montejo v. Commission on Elections,
242 SCRA 415 (1995).]
What is the scope of the power of the Commission over deputized officers?
The Commission can only issue a recommendation for disciplinary action to the Pres-
ident. [Tan v. Comelec, 237 SCRA 353, 358-359 (1994)]
No. It is only in the exercise of its adjudicatory or quasi-judicial powers that the
COMELEC is mandated to hear and decide cases first by division and then, upon mo-
tion for reconsideration, by the COMELEC en banc. The conduct of preliminary inves-
tigation does not involve the exercise of adjudicatory powers. [Baytan v. Comelec,
G.R. No. 153945, February 4, 2003; Balindong v. Comelec, G.R. Nos. 153991-92,
October 16, 2003]
No. “The task of the COMELEC as investigator and prosecutor, acting upon any elec-
tion offense complaint, is not physical searching and gathering of proof in support of
a complaint for an alleged commission of an election offense.” [Kilosbayan, Inc. v.
Commission on Elections, G.R. No. 128054, October 16, 1997, 280 SCRA 892, 924]
Which of the powers which have been declared not to belong to the COME-
LEC?
2) While the Commission may punish for contempt, such power may not be ex-
ercised in connection with its purely executive or ministerial functions but only
in furtherance of its quasi-judicial and not also judicial functions. [Guevara v.
COMELEC, 104 Phil. 268 (1958); Masangcay v. COMELEC, 6 SCRA 27]
No. This power pertains to the divisions of the Commission. Any decision by the
Commission en banc as regards election cases decided by it in the first instance is
null and void. [Soller v. Comelec, G.R. No. 139853, September 5, 2000]
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Yes, because the coalition is distinct in personality from that of the coalescing par-
ties. [Liberal Party v. Comelec, G.R. No. 191771, May 6, 2010]
Does the power to regulate media during “election period” also extend to
the period of a plebiscite or referendum?
No, Art. IX, C Sec. 5 states that no pardon, amnesty, parole, or suspension of sen-
tence for violation of election laws, rules, and regulations shall be granted by the
President without the recommendation of the COMELEC.
Is block-voting allowed?
No, Art. IX, Sec. 7 prohibits block-voting “except for those registered under the par-
ty-list system.”
Yes, Art. IX, C Sec. 9 provides that bona fide candidates shall be free from any form
of harassment and discrimination.
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