Constitutional Commissions

In the Philippines, the term "Constitutional Commissions" typically refers to three

independent constitutional bodies mandated by the 1987 Constitution. These
commissions play vital roles in ensuring the checks and balances within the
government. The three Constitutional Commissions are:

1. **Commission on Elections (COMELEC):** Responsible for administering and

enforcing election laws, conducting regular and special elections, and ensuring the
secrecy and sanctity of the ballot.

The Commission on Elections (COMELEC) is an independent constitutional body in the

Philippines responsible for administering and enforcing election laws. Its primary
mandate is to ensure free, fair, and honest elections at all levels of government.
Here are key points about the Commission on Elections:

1. **Constitutional Mandate:** The COMELEC is established under Article IX-C of the

1987 Constitution of the Philippines. It is one of the independent constitutional
commissions, alongside the Civil Service Commission (CSC) and the Commission on
Audit (COA).
The constitutional provision establishing the Commission on Elections (COMELEC) in
the Philippines can be found in Article IX-C of the 1987 Constitution. This article
specifically deals with the constitutional commissions. Here is the relevant
constitutional provision:

**Article IX-C, Section 1: Commission on Elections**

"There shall be an independent Commission on Elections composed of a Chairman and

six Commissioners who shall be natural-born citizens of the Philippines and, at the
time of their appointment, at least thirty-five years of age, holders of a college
degree, and must not have been candidates for any elective positions in the
immediately preceding elections. However, a majority thereof, including the
Chairman, shall be members of the Philippine Bar who have been engaged in the
practice of law for at least ten years."

This constitutional provision outlines the composition and qualifications of the

members of the Commission on Elections. It specifies that the COMELEC is an
independent body, and its members must possess certain qualifications, including
being natural-born citizens, at least 35 years of age, holders of a college degree,
and not having been candidates in the preceding elections. A majority of the
members, including the Chairman, must be members of the Philippine Bar with at
least ten years of practice.

2. **Election Administration:** COMELEC is tasked with the administration of

elections, including the conduct of regular and special elections, voter
registration, and the proclamation of winning candidates.

3. **Voter Registration:** The commission oversees the registration of voters,

ensuring the accuracy and integrity of the voter's list.

4. **Political Party Registration:** COMELEC is responsible for the registration of

political parties, party-list groups, and other political organizations.

5. **Election Adjudication:** COMELEC has the power to decide election-related

controversies and disputes, such as cases of disqualification of candidates and
election protests.

6. **Campaign Finance:** The commission regulates and monitors campaign finance,

including the spending of candidates and political parties during election
campaigns.

7. **Implementing Election Laws:** COMELEC enforces laws related to elections,

including the Omnibus Election Code and other election-related statutes.

8. **Commissioners:** COMELEC is composed of a Chairman and six Commissioners, each

serving a term of seven years without reappointment. The Chairman and Commissioners
are appointed by the President with the consent of the Commission on Appointments.

The Commission on Elections plays a crucial role in the democratic process by

ensuring the integrity and credibility of electoral processes in the Philippines.
Its independence is vital to maintaining the impartiality required for free and
fair elections.

2. **Civil Service Commission (CSC):** Tasked with overseeing the integrity and
efficiency of the civil service by establishing personnel policies, promoting
morale, and adopting measures to strengthen the merit and rewards system.

The Civil Service Commission (CSC) in the Philippines is a constitutional body

mandated by the 1987 Constitution. Its primary function is to establish and
administer a merit-based system for the selection, promotion, and development of
civil servants in the government. Here are some key roles and functions of the
Civil Service Commission:

1. **Merit System:** The CSC is responsible for developing and maintaining a system
that ensures appointments and promotions are based on merit and fitness. This is
aimed at promoting efficiency and professionalism in the civil service.

2. **Examinations:** The CSC conducts civil service examinations to determine the

qualifications of individuals aspiring to enter the civil service or seeking
promotions within the service.

3. **Personnel Policies:** The commission formulates policies related to personnel

management, including rules and regulations governing employment, performance
evaluation, and employee conduct.

4. **Training and Development:** The CSC provides programs for the continuous
learning and development of civil servants, enhancing their skills and
competencies.

5. **Appeals and Grievances:** It handles appeals and grievances related to

personnel actions, ensuring fair treatment and due process for civil servants.

6. **Investigation and Adjudication:** The CSC investigates and adjudicates

complaints involving civil service matters, such as violations of rules and
regulations.

7. **Public Service Excellence:** The commission promotes a culture of excellence,

integrity, and responsiveness in public service.

The CSC plays a crucial role in maintaining a professional and competent civil
service, contributing to the overall efficiency and effectiveness of government
operations in the Philippines.

Civil Service Commission (CSC) is primarily governed by the 1987 Constitution and
specific laws that detail its powers, functions, and structure. The major laws
related to the Civil Service Commission include:
1. **1987 Constitution:** Article IX-B of the Constitution establishes the Civil
Service Commission as a constitutional body. It outlines its composition, powers,
and functions, emphasizing the principles of merit and fitness in the civil
service.

The provisions related to the civil service in the Philippines are primarily found
in Article IX-B of the 1987 Constitution. Here are key provisions from this
article:

1. **Section 1:** The civil service embraces all branches, subdivisions,

instrumentalities, and agencies of the government, including government-owned or
controlled corporations with original charters.

2. **Section 2:** Appointments in the civil service shall be made only according to
merit and fitness to be determined, as far as practicable, and except to positions
that are policy-determining, primarily confidential, or highly technical, by
competitive examination.

3. **Section 3:** No officer or employee of the civil service shall be removed or

suspended except for cause provided by law.

4. **Section 4:** All public officers and employees shall take an oath or
affirmation to uphold and defend the Constitution.

5. **Section 5:** The Congress shall provide for the standardization of

compensation of government officials and employees, including those in government-
owned or controlled corporations with original charters, taking into account the
nature of the responsibilities pertaining to, and the qualifications required for
their positions.

6. **Section 6:** The State shall establish a career service and adopt measures to
promote morale, efficiency, integrity, responsiveness, progressiveness, and
courtesy in the civil service.

7. **Section 7:** Appointments to the civil service, except for the Armed Forces,
shall be made only according to merit and fitness to be determined, as far as
practicable, and except to positions which are policy-determining, primarily
confidential, or highly technical, by competitive examination.

2. **Civil Service Act of 1959 (Republic Act No. 2260, as amended):** This law
provides the basic framework for the civil service system. It details the
organization of the civil service, the classification of positions, and the
principles of merit and fitness.

Republic Act No. 2260, the Civil Service Act of 1959, establishes the fundamental
principles and structure of the civil service system in the Philippines. Here's an
explanation of its key components:

1. **Civil Service Commission (CSC):** RA 2260 creates the Civil Service Commission
as the central authority responsible for overseeing the civil service. The CSC is
tasked with implementing and enforcing regulations related to personnel management
in the government.

2. **Classification of Positions:** The law categorizes positions within the civil

service into competitive and non-competitive service. Competitive service positions
are filled through civil service examinations, ensuring a merit-based selection
process.
3. **Civil Service Examinations:** RA 2260 authorizes the Civil Service Commission
to conduct civil service examinations. These exams are designed to assess the
qualifications of individuals seeking employment in the civil service. Passing
these exams grants civil service eligibility, a requirement for certain government
positions.

4. **Merit and Fitness:** The law emphasizes the principles of merit and fitness in
appointments to government positions. This means that appointments should be based
on the competence and qualifications of individuals, as demonstrated through
examinations or other impartial methods.

5. **Probationary Period:** RA 2260 allows for a probationary period for

appointees. This period is used to assess the fitness of the employee for the
position before granting permanent status.

Overall, Republic Act No. 2260 establishes the foundation for a professional and
efficient civil service, promoting fairness, meritocracy, and accountability in the
recruitment, selection, and management of government personnel.

3. **Civil Service Decree of the Philippines (Presidential Decree No. 807, as

amended):** Commonly known as the "Civil Service Decree of the Philippines," this
decree provides the rules and regulations governing the civil service. It includes
provisions on recruitment, examinations, appointments, promotions, and other
personnel actions.

Presidential Decree No. 807, also known as the Civil Service Decree of the
Philippines, was issued on October 6, 1975, during the martial law regime of then-
President Ferdinand Marcos. This decree provides a comprehensive set of rules and
regulations governing the organization and operation of the civil service in the
Philippines. Here's an explanation of key points covered by PD 807:

1. **Civil Service Commission (CSC):** PD 807 reaffirms the establishment of the

Civil Service Commission as the central personnel agency responsible for
administering the civil service system. It outlines the powers and functions of the
CSC.

2. **Classification of Positions:** The decree maintains the classification of

positions into competitive and non-competitive service, similar to RA 2260.
Competitive service positions are filled through competitive examinations.

3. **Appointments and Promotions:** PD 807 establishes detailed rules for

appointments and promotions, emphasizing merit and fitness. It provides guidelines
for the filling of vacant positions, probationary periods, and promotions based on
performance and qualifications.

4. **Civil Service Eligibility:** The decree reiterates the importance of civil

service eligibility acquired through examinations as a prerequisite for appointment
to positions in the competitive service.

5. **Merit System Board:** PD 807 creates the Merit System Board, tasked with
investigating and deciding administrative cases involving personnel actions,
ensuring due process and fairness.

6. **Disciplinary Actions:** The decree outlines procedures for disciplinary

actions against civil servants, including suspensions, removals, and other
penalties. It emphasizes the principles of just cause and due process.

7. **Employee Organizations:** PD 807 recognizes the right of government employees

to organize, but it regulates employee organizations to ensure that their
activities are in harmony with the functions and responsibilities of the civil
service.

Presidential Decree No. 807 significantly contributes to the regulatory framework

of the civil service in the Philippines, providing guidelines for the recruitment,
appointment, and management of government personnel. It's important to note that
subsequent laws and amendments have also influenced the regulations governing the
civil service.

4. **Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public
Officials and Employees):** This law establishes the code of conduct and ethical
standards for public officials and employees, including those in the civil service.
It promotes a high standard of ethics and accountability in government service.

Republic Act No. 6713, also known as the "Code of Conduct and Ethical Standards for
Public Officials and Employees," was enacted in 1989 in the Philippines. The law
sets forth guidelines and ethical standards that public officials and employees
must adhere to in the performance of their duties. Here's an explanation of key
points covered by RA 6713:

1. **Declaration of Policies:** The law establishes the policy that public

officials and employees must uphold the highest standards of ethics and
accountability. It emphasizes the importance of maintaining public trust in
government service.

2. **Norms of Conduct:** RA 6713 provides a comprehensive set of norms of conduct

for public officials and employees, including guidelines on integrity,
professionalism, and commitment to public interest.

3. **Disclosure of Assets and Liabilities:** Public officials and employees are

required to submit a declaration of their assets, liabilities, and net worth, as
well as those of their spouses and unmarried children below 18 years old. This aims
to promote transparency and prevent corruption.

4. **Gifts and Benefits:** The law restricts public officials and employees from
accepting gifts, favors, loans, or any other form of gratuity from any person or
entity in the course of their official duties.

5. **Conflicts of Interest:** RA 6713 prohibits public officials and employees from

engaging in any business, profession, or occupation that conflicts with their
official functions. They are also barred from participating in any matter where
their impartiality could be reasonably questioned.

6. **Post-Employment Restrictions:** The law imposes restrictions on former public

officials and employees, preventing them from accepting employment or engaging in
business with any person or entity that has had a transaction with their office
during their tenure.

7. **Penalties:** Violations of RA 6713 may result in administrative sanctions,

including reprimand, suspension, and dismissal from service. Criminal penalties may
also apply.

RA 6713 serves as a crucial tool in promoting good governance, integrity, and

accountability in the public sector by establishing clear standards of behavior for
public officials and employees in the Philippines.

5. **Republic Act No. 7041 (Charter of the CSC):** This law further defines the
powers and functions of the Civil Service Commission, specifying its role in the
adoption of policies, regulations, and standards for personnel management in the
civil service.
As of my last knowledge update in January 2022, the charter of the Civil Service
Commission (CSC) in the Philippines is defined in Republic Act No. 7041. This law,
also known as the "Charter of the Civil Service Commission of the Philippines,"
provides the legal basis for the creation and functions of the CSC.

Key points from RA 7041 include:

1. **Creation and Composition:** The Civil Service Commission is established as a

constitutional body with the mandate to administer and enforce the civil service
law. It consists of a Chairman and two Commissioners appointed by the President.

2. **Powers and Functions:** The CSC is granted various powers and functions,
including the establishment and administration of a career service system, adoption
of measures to promote morale, efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil service.

3. **Appointment and Removal:** The Chairman and Commissioners are appointed by the
President with the consent of the Commission on Appointments. They serve a fixed
term and may only be removed from office through impeachment.

4. **Jurisdiction and Powers over Personnel Actions:** The CSC has jurisdiction
over personnel actions, including appointments and promotions. It is responsible
for ensuring that these actions comply with the rules and regulations set forth in
the civil service law.

5. **Merit and Fitness:** The charter emphasizes the principles of merit and
fitness in appointments and promotions within the civil service.

3. **Commission on Audit (COA):** Primarily responsible for auditing the funds and
accounts of the government, ensuring that public resources are used efficiently and
in accordance with laws and regulations.

The constitutional provision establishing the Commission on Audit (COA) in the

Philippines can be found in Article IX-D of the 1987 Constitution. Article IX-D
specifically deals with the independent constitutional commissions. Here is the
relevant constitutional provision:

**Article IX-D, Section 2: Commission on Audit**

"The Commission on Audit shall have the power, authority, and duty to 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 or controlled corporations with
original charters, and on a post-audit basis: (a) constitutional bodies,
commissions, and offices that have been granted fiscal autonomy under this
Constitution; (b) autonomous state colleges and universities; (c) other government-
owned or controlled corporations and their subsidiaries; and (d) such non-
governmental entities receiving subsidy or equity, directly or indirectly, from or
through the government, which are required by law or the granting institution to
submit to such audit as a condition of subsidy or equity."

This constitutional provision outlines the comprehensive scope and authority of the
Commission on Audit, highlighting its role in examining and auditing accounts
related to government revenues, expenditures, and the use of public funds and
property. The COA's mandate includes various entities, from government agencies to
government-owned or controlled corporations, and it extends to post-audit
functions.
The Commission on Audit (COA) in the Philippines is an independent constitutional
body responsible for auditing government agencies and instrumentalities. Its
primary mandate is to ensure transparency, accountability, and good governance in
the use of public funds. Here are key points about the Commission on Audit:

1. **Constitutional Mandate:** The COA is established under Article IX-D of the

1987 Constitution of the Philippines. It is one of the independent constitutional
commissions, along with the Civil Service Commission (CSC) and the Commission on
Elections (COMELEC).

2. **Audit Functions:** The primary function of the COA is to examine and audit the
accounts and transactions of government agencies, including government-owned and
controlled corporations. This includes financial, performance, and compliance
audits.

3. **Accountability and Transparency:** The COA plays a crucial role in promoting

accountability and transparency in government expenditures. By auditing government
agencies, it ensures that public funds are used efficiently and in accordance with
laws and regulations.

4. **Reports and Recommendations:** The COA submits audit reports to the President,
the Congress, and concerned government agencies. These reports contain findings,
recommendations, and observations based on the audits conducted.

5. **Powers and Jurisdiction:** The COA has the power to disallow expenditures,
suspend officials, and take other corrective actions based on its audit findings.
It has jurisdiction over all government agencies, including local government units.

6. **Commissioners:** The COA is headed by a Chairman and two Commissioners, each

serving a term of seven years without reappointment. The Chairman and Commissioners
are appointed by the President with the consent of the Commission on Appointments.

The Commission on Audit plays a crucial role in upholding financial accountability

in the Philippine government, contributing to the effective and responsible use of
public resources.

These Constitutional Commissions are independent of each other and are designed to
be free from executive control to uphold their impartiality and effectiveness.
Members of these commissions have fixed terms and cannot be removed except by
impeachment, ensuring their independence and integrity in carrying out their
respective mandates.

Cases

Republic of the Philippines vs Imperial and Perez

GR L-8684
March 31 1955
**Facts:**
The case involved a quo warranto proceeding initiated by the Solicitor General
against Honorable Domingo Imperial and Honorable Rodrigo Perez, challenging their
legality in continuing their roles as Chairman and Member, respectively, of the
Commission on Elections. The Solicitor General argued that the terms of the first
commissioners appointed in 1945 had specific durations, and based on subsequent
appointments, the respondents' terms had allegedly expired.

**Issue:**
The primary issue was whether the terms of the respondents, Domingo Imperial and
Rodrigo Perez, as Chairman and Member of the Commission on Elections, had already
expired.

**Ruling:**
The court ruled that the legal terms of office for respondents Rodrigo Perez and
Domingo Imperial had not yet expired. The computation of terms was based on a
common starting date of June 21, 1941, or the organizational date under
Commonwealth Act 657. The court provided specific terms for various individuals,
highlighting that the staggered terms were designed to maintain a regular rotation
or cycle in the membership of the commission. The petition for quo warranto was
dismissed as the court found that, according to their interpretation, the legal
terms had not expired as of the decision date.

GMA VS COMELEC
GR 205357
**Facts:**
1. Petitions challenge regulations by COMELEC for the 2013 elections on political
advertisements, focusing on limitations on aggregate airtime for candidates and
political parties.
2. Section 9(a) of COMELEC Resolution No. 9615 limits broadcast and radio
advertisements to 120 and 180 minutes for candidates and political parties,
respectively.
3. The controversy centers on the interpretation of the airtime limitation in
Republic Act No. 9006 (Fair Election Act), particularly if it is "per station" or
"total aggregate" for all stations.
4. COMELEC changed its interpretation for the 2013 elections, leading to the
petitions.

**Issues:**
1. Petitioners argue Section 9(a) imposes restrictive aggregate airtime limits,
violating equal protection and defeating the intent of R.A. No. 9006.
2. Section 9(a)'s notice requirement is deemed vague and infringing on freedom of
speech, press, and expression, as well as the public's right to be informed.
3. Section 14 of Resolution No. 9615, allowing a candidate's "right to reply," is
contested for being an improper exercise of regulatory powers, constituting prior
restraint, and violating freedom of expression.

**Ruling:**
1. The Court declares Section 9(a) of Resolution No. 9615, limiting airtime on an
aggregate basis, unconstitutional and void. The remaining provisions of the
resolution are upheld.
2. The Court makes the Temporary Restraining Order issued on April 16, 2013,
permanent.
3. Political speech, freedom of expression, and press are deemed core civil
liberties, and the Court emphasizes the importance of protecting these freedoms for
the sake of democracy.

**Principles:**
1. Freedom of speech, expression, and the press are fundamental civil liberties
that must be protected at all costs for the sake of democracy.
2. The press serves the governed, not the governors, and its freedom is crucial to
exposing government deception and informing the people.
3. Limiting political speech, especially during elections, requires careful
consideration, and restrictions must be justified by a compelling state interest.
4. Prior restraint on speech and expression is disfavored, and any limitations must
be reasonable and not unduly restrict candidates' ability to communicate with the
electorate.

Guminde vs COA
GR 140335
**Facts:**
1. Thelma P. Gaminde was appointed as Commissioner, Civil Service Commission, on
June 11, 1993.
2. Her appointment paper stated a term expiring on February 2, 1999.
3. On February 24, 1998, Gaminde sought clarification, and the Chief Presidential
Legal Counsel opined that her term should expire on February 2, 2000.
4. Relying on the advisory opinion, Gaminde continued in office after February 2,
1999.
5. On February 18, 1999, the Commission on Audit (COA) issued an opinion that
Gaminde's term had expired on February 2, 1999.
6. COA issued a notice of disallowance on March 24, 1999, disallowing salaries and
emoluments from February 2, 1999.
7. Gaminde appealed to COA, which dismissed her appeal on June 15, 1999.
8. COA denied her motion for reconsideration on August 17, 1999.

**Issues:**
1. Whether Gaminde's term of office as Commissioner, Civil Service Commission,
expired on February 2, 1999 (as stated in her appointment paper) or on February 2,
2000 (as claimed by her).

**Ruling:**
The Supreme Court ruled that the term of office of Thelma P. Gaminde as
Commissioner, Civil Service Commission, under the appointment extended by President
Fidel V. Ramos on June 11, 1993, expired on February 2, 1999. However, it
recognized her service as a de facto officer in good faith until February 2, 2000,
entitling her to receive salary and emoluments for the actual service rendered
during that period. The Court reversed the decisions of the Commission on Audit
disallowing the salaries and emoluments of Gaminde and her co-terminous staff
during her tenure as a de facto officer from February 2, 1999, until February 2,
2000.

FUNA VS Chairman CSC

GR 191672
**Facts:**
1. Gloria Macapagal-Arroyo appointed Duque as Chairman of the Civil Service
Commission (CSC) on January 11, 2010.
2. Duque was designated as a member of the Board of Directors or Trustees of GSIS,
PHILHEALTH, ECC, and HDMF per EO 864.
3. Dennis A.B. Funa filed a petition challenging the constitutionality of EO 864,
Section 14 of EO 292, and Duque's designation, citing violations of the 1987
Constitution.
4. The petition argues that EO 292 expands the CSC's role beyond personnel matters
and that Duque's positions violate the prohibition on members of constitutional
commissions holding other offices.

**Issues:**
1. Does Duque's ex officio designation as a board member impair CSC's independence
and violate the constitutional prohibition on holding multiple offices?

**Ruling:**
1. The Court partially grants the petition, upholding the constitutionality of
Section 14, Chapter 3, Title I-A, Book V of EO 292.
2. EO 864 and Duque's designation as a board member of GSIS, PHILHEALTH, ECC, and
HDMF in an ex officio capacity are declared unconstitutional.
3. Duque's actions during this designation may be presumed valid, but his
designation could have been rendered invalid by the enactment of Republic Act No.
10149 during the petition's pendency.

**Principles:**
1. Constitutional Commissions (CSC, COMELEC, COA) are independent entities, and
their members must not hold any other office or employment during their tenure.
2. Ex officio positions derive authority from an individual's official character,
without additional appointment, but no additional compensation should be received.
3. The independence of constitutional commissions is crucial, and holding positions
subject to the President's control can compromise this independence.

This case underscores the balance between maintaining the independence of

constitutional commissions and preventing conflicts of interest by prohibiting
members from holding multiple offices.

CSC vs DBM
GR 158791
**Facts:**
1. The Civil Service Commission (CSC) filed a petition for mandamus to compel the
Department of Budget and Management (DBM) to release the balance of its budget for
fiscal year 2002.
2. CSC claimed an unreleased balance of ₱5,807,392.30, alleging that DBM
intentionally withheld it based on the "no report, no release" policy.
3. DBM opposed the petition, arguing non-exhaustion of administrative remedies,
violation of hierarchy of courts, and denying strict enforcement of the policy on
offices with fiscal autonomy.

**Issues:**
1. Whether the petition fails due to non-exhaustion of administrative remedies.
(No)
2. Whether the petition fails due to an alleged violation of the hierarchy of
courts. (No)
3. Whether the "no report, no release" policy can be validly enforced against
offices with fiscal autonomy. (No)
4. Whether DBM is justified in withholding funds due to a shortfall in revenues.
(No)

**Ruling:**
1. The rule on non-exhaustion of administrative remedies does not apply as CSC is
not mandated to seek clarification before court action.
2. Direct filing with the Supreme Court is justified due to the importance of the
matter involving fiscal autonomy.
3. The "no report, no release" policy cannot be enforced against offices with
fiscal autonomy, as it violates the constitutional provision granting fiscal
autonomy.
4. DBM's argument of a shortfall in revenues does not justify withholding funds, as
it goes against the constitutional mandate to automatically and regularly release
approved appropriations.

**Outcome:**
The petition is granted, and DBM is directed to release the unreleased balance of
₱5,807,392.30 to the Civil Service Commission. The act of withholding funds due to
a revenue shortfall is declared unconstitutional.

Cailes VS Bonifacio
GR 45937

**Facts:**
Juan Cailles filed a quo warranto action against Arsenio Bonifacio, seeking to
remove Bonifacio from the office of provincial governor of Laguna. Cailles argued
that Bonifacio, a captain in the reserve force of the Philippine Army, was
ineligible for the position. Two grounds were presented: (a) alleged
disqualification under the Election Law and Administrative Code, and (b)
prohibition as a member of the armed forces under the Constitution and Election
Law.

**Issue:**
The main issue revolved around Bonifacio's eligibility for the position of
provincial governor, with specific focus on his status as a captain in the reserve
force of the Philippine Army and the alleged violations of election laws and
constitutional provisions.

**Ruling:**
The court dismissed the petition, stating that Bonifacio, being in the reserve
force and not in the active service, was not disqualified from voting. The court
also interpreted the constitutional provision prohibiting officers and employees,
including members of the armed forces, from engaging in partisan political
activities or taking part in elections, specifying that only those in active
service were intended to be covered. The court did not address the argument related
to the automatic vacation of Bonifacio's position as captain of the reserve corps
upon filing his certificate of candidacy.

DeLima VS Gordon

National Service Corp VS NLRC

GR 67890
**Facts:**
- Eugenia Credo, an employee of the National Service Corporation (NASECO), was
administratively charged for non-compliance with certain entry procedures.
- Credo, facing dismissal, was placed on "Forced Leave" for 15 days, and NASECO's
Committee on Personnel Affairs recommended her termination.
- Credo filed a complaint with the Ministry of Labor and Employment, alleging lack
of due process in being placed on forced leave.
- NASECO terminated Credo's employment, and she filed a supplemental complaint for
illegal dismissal.
- The Labor Arbiter dismissed Credo's complaint but directed NASECO to pay
separation pay.
- The National Labor Relations Commission (NLRC) ordered Credo's reinstatement with
backwages but dismissed her claim for damages.
- Petitioners challenged the NLRC decision, questioning the reinstatement order and
Credo's limited right to backwages.

**Issues:**

1. Whether the NLRC's order for Credo's reinstatement is a grave abuse of

discretion.
2. Whether the NLRC's dismissal of Credo's claim for damages and its limitation of
her right to backwages are proper.

**Ruling:**

- The court found that NASECO did not comply with the guidelines for dismissing
employees for just causes, specifically regarding notice and hearing.
- Credo was not given ample opportunity to be heard and defend herself, violating
her right to security of tenure.
- NASECO's non-compliance with procedural fairness rendered Credo's dismissal
illusory and lacked effective compliance with legal requirements.
- The charges against Credo did not warrant the severe penalty of dismissal, and
even if proven, previous acts of misconduct were deemed condoned by NASECO.
- Reinstatement was deemed proper, and Credo was awarded three years of backwages,
moral damages, and attorney's fees.
- The NLRC had jurisdiction to order reinstatement despite NASECO's claim that, as
a government corporation, its employees' terms were governed by the Civil Service
Law.
- The 1987 Constitution, in effect at the time of the decision, clarified the
coverage of the civil service, including government-owned or controlled
corporations with original charters.
- The NLRC decision was affirmed with modifications, ordering Credo's
reinstatement, backwages, damages, and attorney's fees.

**Principles:**

- Compliance with procedural fairness, including notice and hearing, is essential

in dismissing employees for just causes.
- Charges against an employee should warrant the severity of the penalty imposed.
- Previous acts of misconduct may be deemed condoned if not met with disciplinary
measures.
- Reinstatement is proper when the reason for dismissal is absent, indicating no
intention to dismiss the employee.
- The NLRC has jurisdiction over disputes involving terms and conditions of
employment in government-owned or controlled corporations.
- The 1987 Constitution clarified the coverage of the civil service, including
government-owned or controlled corporations with original charters.

Salias VS Bonifacio

Local Govt Code-

Carpio Morales VS CA

Quo Warranto- Justice Serreno