A. COMMON PROVISIONS
1. Scope (Sec. 1)
• Civil Service Commission
• Commission on Elections
• Commission on Audit
2. General Characteristics
• Independent
o salary fixed by law and not decreased during tenure (Sec. 3)
• Fiscal autonomy
o appropriations automatically and regularly released (Sec. 5)
3. General Powers
• appoint officials and employees in accordance with law (Sec. 4)
• promulgate rules concerning pleadings and practice (Sec. 6)
o not diminish, increase or modify substantive rights
> Aruelo v. CA (conflict with Rules of Court)
• decide cases (Sec. 7)
o by a majority vote of all its Members
> Cua v. Comelec (2-1/3-2-1)
o as a body and not as individuals
> Orocio v. COA
> Mison v. COA
o within 60 days from date of submission (upon filing of last pleading, brief or memorandum required by the Rules)
o appealable to the Supreme Court on certiorari within 30 days from receipt has been changed to appeal to Court of Appeals within 15 days
> RA 7902
> Mateo v. CA
o certiorari to the Supreme Court only after reconsideration (i.e., decisions of Commission En Banc)
> Reyes v. RTC
> ABS-CBN v. Comelec
> grave abuse of discretion
> Reyes v. COA
> exercise of quasi judicial power
> Garces v. CA
o retirement of Commissioner before promulgation
> Ambil v. Comelec
> Dumayas v. Comelec
o other functions as may be provided by law (Sec. 8)
4. General Prohibitions (Sec. 2)
• not hold any other office or employment during tenure
• not engage in the practice of any profession
• not engage in the active management or control of any business which may be affected by the functions of his office
• not financially interested, directly or indirectly, in any Government contract, franchise or privilege
B. CIVIL SERVICE COMMISSION
1. Composition (Sec. 1)
• Chairman and 2 Commissioners
• natural born citizens
• at least 35
• proven capacity for public administration
• not candidate in immediately preceding election
2. Appointment (Sec. 1)
• Term of 7 years without reappointment
o common starting point of Feb. 2, 1987
> Galindez v. COA
• consent of Commission on Appointments needed
• appointment to any vacancy shall be for unexpired term
• no Member appointed in a temporary or acting capacity
3. Scope
• civil service embraces all branches, subdivisions, instrumentalities and agencies of the Government including government owned or controlled corporations with original charters [Sec. 2(1)]
o PNOC-EDC v. NLRC
o Philippine Fisheries v. NLRC (security guards/janitors)
4. Functions of CSC (Sec. 3)
• establish a career service
• adopt measures to promote moral, efficiency, integrity, responsiveness, progressiveness and courtesy in the civil service
• strengthen the merit and rewards system
• integrate all human resources development programs
• institutionalize a management climate conducive to public accountability
• submit an annual report on its personnel programs
5. Civil Service Appointments
• according to merit and fitness to be determined, as far as practicable, by competitive examination [Sec. 2(2)]
o career/non-career/competitive/non-competitive
> Astraquillo v. Manglapus
> Achacoso v. Macaraig (POEA)
o except positions which are policy determining, primarily confidential or highly technical
> merit and fitness requirement
> security of tenure
> Hernandez v. Villegas (not removal but expiration of term)
> Gloria v. CA (temporary transfer)
> primary confidential means close intimacy which insures freedom of intercourse
> Borres vs. CA
> Santiago v. CSC (“next in rank")
6. Prohibitions
• engage, directly or indirectly, in any electioneering or partisan political campaign [Sec. 2(4)]
o prohibition does not apply to department secretaries
> Santos v. Yatco
o does not prevent expression of views or mentioning names of candidates supported
• no candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government or any GOCC or any of their subsidiaries (Sec. 6)
• no elective official eligible for appointment or designation in any capacity to any public office during tenure (Sec. 7)
• no appointive official shall hold any other office or employment in Government
o except if allowed by law or primary functions of position (Sec. 7)
o Art. VII, Sec. 13
• no elective or appointive official shall receive additional, double or indirect compensation unless specifically authorized by law
o pensions or gratuities not considered additional compensation (Sec. 8)
o per diem or allowance given as reimbursement for expenses is allowed
> Peralta v. Mathay
o Santos v. CA (double retirement)
• no elective or appointive official shall accept any present, emolument, office or title of any kind from any foreign government (Sec. 8)
7. Basic Rights of Civil Servants (Sec. 2)
• cannot be removed or suspended except for cause provided by law
o substantive and procedural due process
> De los Santos v. Mallare
o abolition of office including reorganization is allowed if made (1) in good faith, (2) not for personal or political reasons and (3) not in violation of the law
> Roque v. Ericta
o reprimand, unlike warning or admonition, is administrative penalty
> Tobias v. Veloso
• right to self organization
• temporary employees to be given such protection as provided by law
o temporary employees may be removed without cause
> Mendiola v. Tancinco
C. COMMISSION ON ELECTIONS
1. Composition (Sec. 1)
• Chairman and six Commissioners
• natural born citizens
• at least 35
• not candidate in immediately preceding election
• a majority of the Commission, including the Chairman shall be members of the Philippine Bar who have been engaged in the practice of law for at least 10 years
o Cayetano v. Monsod
2. Appointment (Sec. 1)
• 7 year term without reappointment
• consent of Commission on Appointments needed
• appointment to any vacancy only for unexpired term
• no Member appointed in a temporary or acting capacity
o Brillantes v. Yorac
3. Powers (Sec. 2)
• enforce and administer all election laws
o includes power to annul elections because of terrorism
> Biliwang v. Comelec
o call for a special election
> Sanchez v. Comelec
• Decide election cases
o original jurisdiction over contests relating to the elections, returns and qualifications of regional, provincial and city officials
o appellate jurisdiction over contests involving municipal officials decided by trial courts of general jurisdiction
> 5 day period for taking an appeal
> 1993 Comelec Rules
> concurrent certiorari, mandamus, quo warranto and habeas corpus powers with the SC
> Carlos v. Angeles
o appellate jurisdiction over contests involving barangay officials decided by trial courts of limited jurisdiction
> only questions of fact; questions of law to SC
> Flores v. Comelec
o appellate decisions shall be final, executory and not appealable
> pre-proclamation – administrative process
> contest – judicial process
• decide all questions affecting elections (but not to be voted for)
o except the right to vote
o only popular elections
> Alunan v. Mirasol (SK)
> Taule v. Santos (Barangay federation)
o contempt power only pursuant to quasi-judicial function
> Masangcay v. Comelec
• deputize law enforcement agencies and Government instrumentalities to ensure CHOPFE
o covers criminal and administrative cases
o merely recommends disciplinary action to the President
> Tan v. Comelec
o act of deputy is act of Comelec
> People v. Basilia
• register political organizations
o must present platform or program of government
o not religious denominations and sects
o anti-violence and pro-Constitution
o not supported by foreign governments (including financial contributions)
• file, on its own or upon complaint, petitions for inclusion or exclusion of voters
• investigate and prosecute cases of violations of election laws including election frauds
• RTC has authority to try and decide criminal cases involving elections
o People v. Delgado
• Exclusive power to conduct preliminary investigation for purposes of a) filing information and b) help judge in determining whether warrant of arrest should be issued
o Kilosbayan v. Comelec
• Prosecution of election offenses is exclusively under Comelec
o People v. Judge Inting
• recommend to Congress
o measures to minimize election spending
o measures to prevent and penalize all forms of election fraud
• recommend to the President
o removal of any deputized person
o imposition of any disciplinary action
• submit comprehensive report
• promulgate rules of procedure (Sec. 3)
• supervise or regulate franchises or concessions granted by the Government (e.g., media, transportation and public utilities) (Sec. 4)
o equal opportunity in time and space
o reasonable rates
o meet CHOPFE objectives
> Sanidad v. Comelec
> Philippine Press Institute v. Comelec (print)
> Telebap v. Comelec (broadcast)
• recommend pardon for election offenses (Sec. 5)
o check on Presidential Power
4. Administrative Matters
• may sit en banc or in two divisions
• pre-proclamation cases shall be decided in division provided that MRs shall be decided en banc
5. Party Matters
• free and open party system (Sec. 6)
• party list registration (Sec. 7)
• no representation in voter boards (Sec. 8)
o may appoint poll watchers
6. Other matters
• Election period
o 90 days before election day and 30 days thereafter (Sec. 9)
• Bona fide candidates free from harassment (Sec. 10)
• Election expenses provided in regular or special appropriations and released automatically upon certification by the Commission Chairman (Sec. 11)
• Second placer rule
o Loreto v. Brion
D. COMMISSION ON AUDIT
1. Composition (Sec. 1)
• Chairman and 2 Commissioners
• natural born citizens
• at least 35
• not candidates in immediately preceding election
• CPA or lawyer with 10 year auditing or practice of law experience
• not all Members belong to the same profession
2. Appointment (Sec. 1)
• 7 year term without re appointment
• consent of Commission on Appointments needed
• appointment to any vacancy only for unexpired term
• no member appointed in a temporary or acting capacity
3. Powers
• examine, audit and settle accounts pertaining to the revenue, receipts of or uses of funds pertaining to the Government of GOCCs with original charters (pre-audit)
o Constitutional bodies and offices granted fiscal autonomy
o autonomous state colleges and universities
o other GOCCs and their subsidiaries
o non-Governmental entities receiving subsidies from the Government (post-audit) (Sec. 2)
• settle accounts means power to settle liquidated accounts which may be adjusted simply by an arithmetical process
o law appropriating funds for a purpose
o contract entered into by proper officer pursuant to law
o whether goods or services covered by contract have been delivered
o payment has been authorized by proper officials
> Guevara v. Gimenez
• define scope of audit and promulgate accounting and audit rules
o no law passed exempting any Governmental entity from COA jurisdiction (Sec. 3)
o submit annual report to President and Congress (Sec. 4)
4. Cases
• COA has authority to interpret “failure of public bidding”
o Danville v. COA
• COA has authority to promulgate rules to prevent “irregular, unnecessary, excessive or extravagant expenses”
o Dingdong v. Guingona
o Polloso v. Gangan
