Group 3

BILL OF RIGHTS:
ARTICLE IX
CONSTITUTIONAL
COMMISSIONS
 Topics
01. The Commissions of Elections
02. Accountability of Public Officers
03. The Commission on Audit
04. Political Parties and Organizations
 COMELEC
01
COMPOSITION OF MEMBERS
Chairman
Six (6) Commissioners

QUALIFICATION OF MEMBERS
a. natural-born citizens of the Philippines
b. at least thirty-five (35) years of age at the time of their appointment
c. holder of a college degree
d. must not have been candidates for any elective position in the immediately
preceding election
e. majority of the members, including the Chairman, must be members of the
Philippine Bar who have been engaged in the practice of law for at least ten
(10) years.
 Section 2
02 POWERS AND FUNCTIONS OF COMELEC
(1) Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.

(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns,
and qualifications of all elective regional, provincial, and city officials, and appellate
jurisdiction over all contests involving elective municipal officials decided by trial courts of
general jurisdiction, or involving elective barangay officials decided by trial courts of limited
jurisdiction.
Decisions, final orders, or rulings of the Commission on election contests involving elective
municipal and barangay offices shall be final, executory, and not appealable.

(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

03
(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.
Section 2
(5) Register, after sufficient publication, political parties,
organizations, or coalitions which, in addition to other requirements,
must present their platform or program of government; and accredit
citizens' arms of the Commission on Elections. Religious
denominations and sects shall not be registered. Those which seek to
achieve their goals through violence or unlawful means, or refuse to
uphold and adhere to this Constitution, or which are supported by
any foreign government shall likewise be refused registration.
Financial contributions from foreign governments and their
agencies to political parties, organizations, coalitions, or candidates
related to elections, constitute interference in national affairs, and,
when accepted, shall be an additional ground for the cancellation of
their registration with the Commission, in addition to other penalties
that may be prescribed by law.
 Section 2
04
(6) File, upon a verified
complaint, or on its own
initiative, petitions in court
for inclusion or exclusion of
voters; investigate and, where
appropriate, prosecute cases
of violations of election laws,
including acts or omissions
constituting election frauds,
offenses, and malpractices.
(7) 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.
05 Section 2
(8) 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 of, or disobedience to, its directive,
order, or decision.

(9) Submit to the President and the Congress, a comprehensive

report on the conduct of each election, plebiscite, initiative,
referendum, or recall.
 Nature of the powers of the
06 Commission on Elections

The COMELEC is an administrative agency which possesses

powers such as executive, quasi-judicial and quasi-
legislative.
By exception, however, it has been given judicial power as
judge with exclusive original jurisdiction over “all contests
relating to the election, returns, and qualifications of all
elective regional, provincial and city officials and appellate
jurisdiction over all contests involving elective municipal
officials decided by trial courts of general jurisdiction, or
involving elective barangay officials decided by trial courts of
limited jurisdiction.”
ACCOUNTABILITY OF
PUBLIC OFFICERS
 Section 1
01
Public office Is a public trust. public Officers and Employees
must, at all times, be accountable to the people, serve them
with utmost responsibility, integrity, loyalty, and efficiency;
act with patriotism and justice, and lead modest lives.
 Meaning of “Public office Is
02 a public trust.”
As expressed by Justice Malcolm in Cornejo vs, Gabriel, 41
Phil. 188, 194 (1920), the basic idea of government in the
Philippines "is that of a representative government, the
officers being mere agents and not rulers of the people, one
where no one man or set of men has a proprietary or
contractual right to an office, but where every officer
accepts office pursuant to the provisions of law and holds
the office as a trust for the people whom he represents."
03 Rules in public services that
must be followed by public
officers and employees at
all times:
1. Accountability to the people
2. Service with utmost responsibility, integrity, loyalty and
efficiency
3. Acting with patriotism and justice
4. Leading modest lives.
 Section 2
01
The President, the Vice-President, the Members of the
Supreme Court, the Members of the Constitutional
Commissions, and the Ombudsman may be removed from
office on impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal of public trust. All
other public officers and employees may be removed from
office as provided by law, but not by impeachment.
03 Concept of Impeachment.

Impeachment is a mode of terminating official relation, the

main object of which is to serve as an effective restraint
which the legislature may interpose in the abuse of the
executive and judicial authorities. It is a method of national
inquest into the conduct of public men.
03 Purpose of Impeachment.

Its purpose is to protect the people from official

delinquencies or malfeasances. It is, therefore, primarily
intended for the protection of the State, not for the
punishment of the offender. The penalties attached to
impeachment are merely incidental to the primary intention
of protecting the people as a body politic.
03 Grounds for impeachment.
1) Culpable violation of the Constitution – refers to a
willful and intentional breach of the Constitution. Hence,
not every violation of the Constitution constitutes an
impeachable offense. Violation of the Constitution
committed unintentionally or involuntarily either in good
faith or through an honest mistake of judgment is not a
ground for impeachment (Report of Special Committee,
House of Representatives on the Impeachment of
president Quirino)
03 Grounds for impeachment.

2) Treason – is a crime committed by any person

who, owing allegiance to the Philippines, not
being a foreigner, levies war against the
Philippines or adheres to her enemies, giving them
aid and comfort within the Philippines or
elsewhere (Article 114, Revised Penal Code)
03 Grounds for impeachment.
3) Bribery (a) Direct bribery, the offense committed by any public
officer who shall agree to perform an act constituting a crime, in
connection with the performance of his official duties, in
consideration of any promise or gift received by such officer. It may
likewise be committed by any public officer who shall accept such
gift in consideration of the non-performance of an official duty or
the execution of an act which does not constitute a crime (Article
210, Revised Penal Code) (b) Indirect bribery, the offense committed
by any public officer who shall accept gifts offered to him by reason
of his office (Article 211, Revised Penal Code)
03 Grounds for impeachment.
4. Graft and corruption – the phrase cover all graft
and corrupt practices. It was not included as ground
for impeachment under the 1935 Constitution. Its
inclusion may be attributed to the awareness of the
1971 Constitutional Convention of the widespread
graft and corruption in the government at the time
03 Grounds for impeachment.
5) Other high crimes – the phrase refers to those
crimes which, like treason and bribery, are of so
serious and enormous a nature as to affect the very
life or orderly workings of the government. For
impeachment purpose, “no act may be regarded as a
high crime” unless there is a law forbidding and
publishing it.
03 Grounds for impeachment.

6) Betrayal of public trust – this is a new ground

for impeachment. It will cover any violation of the
oath of office involving loss of popular support even
if the violation may not amount to criminal offense.
Its inclusion is more of a reaction to past experience
than an exercise in logic.
 Section 3
01 Impeachment
 Section 3
02 Procedures for Impeachment.
1. The power to initiate impeachment is lodged on the House of
Representatives. A resolution for impeachment requires at least 1/3
votes of all member of the House of Representatives. Of course, the
House may act upon receipt of a verified complaint by any of each
member;
2. The power to hear and decide case of impeachment is lodged on
the Senate who may decide on a verdict of impeachment by 2/3
vote of all its members. The Chief Justice of the Supreme Court shall
preside in case the President is the one on trial for impeachment;
3. Judgment is limited to removal from office and disqualification
to hold public office.
COMMISSION
ON AUDIT
 COA
01
COMPOSITION OF MEMBERS
Chairman
Six (6) Commissioners

QUALIFICATION OF MEMBERS
a. Natural-born citizens of the Philippines
b. At least thirty-five (35) years of age at the time of their appointment
c. Certified Public Accountants with not less than ten years of auditing experience
d. Members of the Philippine Bar who have been engaged in the practice of law for
at least ten years
e. Must not have been candidates for any elective position in the elections
immediately preceding their appointment.
 COA
01
APPOINTMENT
- The Chairman and the Commissioners shall be appointed by the President with
the consent of the Commission on Appointments for a term of seven years without
reappointment.
TERM
The Chairman shall hold office for seven years
Three Commissioner members for seven (7) years
Two Commissioner members for five years (5)
The last members for three years (3), without reappointment.
- Appointment to any vacancy shall be only for the unexpired portion of the term
of the predecessor. In no case shall any Member be appointed or designated in a
temporary or acting capacity.
02 Section 2
POWERS OF COA
(1) Post-audit
(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;
(d) Non-governmental entities receiving subsidy or equity, directly or indirectly, from or through
the Government
(2) Pre-audit
(a) If the internal control system of the audited agencies is inadequate, the Commission may adopt
such measures, including temporary or special pre-audit, as are necessary and appropriate to correct
the deficiencies.
(3) Exclusive Authority
(a) Define the scope of its audit and examination
(b) Establish the techniques and methods required
(c) Promulgate accounting and auditing rules and regulations
02 Chairman
Two (2) Commissioners
COMPOSITION OF MEMBERS

QUALIFICATION OF MEMBERS
a. Natural-born citizens of the Philippines
b. At least thirty-five (35) years of age at the time of their appointment
c. Certified public accountant with 10 years auditing experience
d. Members of the IBP with 10 years experience
e. Not candidates in preceding election

TERM
7 years (Chair), 5 years (1 member), 3 years (1 member)

APPOINTMENT
President with confirmation of Commission on Appointments
No reappointment, no temporary capacity
02 Section 2

GENERAL FUNCTIONS OF COA

To examine the accuracy of the records kept by accountable

officers and to determine whether expenditures have been
made in conformity with law. It is therefore through the
Commission on Audit that the people can verify whether
their money has been properly spent.
02 Section 2

CLASSIFICATIONS OF THE FUNCTIONS OF COA

(1) To examine and audit all forms of government revenues

(2) To examine and audit all forms of government expenditures
(3) To settle government accounts
(4) To promulgate accounting and auditing rules “including those
for the prevention and disallowance of irregular, unnecessary;”
(5) To decide administrative cases involving expenditures of public
funds.
02 Section 2

NOTE:
NO LAW SHALL BE PASSED EXEMPTING AN
ENTITY OF GOVERNMENT FROM AUDIT
 HISTORY OF
POLITICAL
PARTIES IN THE
PHILIPPINES
 Timeline
Aquino was assassinated and some 50 opposition groups
1900 Federal Party was established, then the Nationalist Party (NP)
and the Democratic Party 1983 agreed to coordinate anti-Marcos efforts, and enabled
Corazon Aquino to campaign against Marcos in 1986.
1957 Progressive Party was formed
Partido ng Bayan (Party of the Nation) allied with other left-
Ferdinand Marcos was elected to an unprecedented second 1986 leaning groups in an Alliance for New Politics.
1969 term as the Philippine President

1972 Imposition of Martial Law, all political activity was banned 1987 People’s Power Movement became the major party in the
country and Marcos’ KBL was reduced to a minor party

1978 Elections for an interim National Assembly, where Kilusan

Bagong Lipunan - KBL won. 1989 Juan Ponce Enrile reestablished the Nacionalista Party

1982 Lakas ng Bayan - Laban, the principal opposition part led by

Benigno S. Aquino Sr. who was assassinated in 1983, joined 1991 Filipino Party (Partido Pilipino) was organized as a vehicle for
Eduardo “Danding” Cojuangco’s presidential campaign.
with 11 other oppostions to form UNIDO
 Political Parties and their
Timeline Leaders in 2022

Fidel Ramos succeeded Corazon Aquino as the President of

1992 the Philippines. Kilusang Bagong Lipunan - Imelda Marcos

1994 Ramos’ Lakas-National Union of Christian Democrats teamed

with Laban ng Demokratikong Pilipino, Laban
Laban ng Demokratikong Pilipino - Eduardo Angara
Lakas - Jose De Venecia
1995 LDP controlled the Senate with 14 or the 24 members.
Liberal Party - Florencio Abad

1998 The political landscape was changed once more after the
elections
Nacionalista Party - Jose Oliveros
National People’s Coalition - Eduardo Cojuangco
1978 The political landscape was changed once more by the newly
created Laban ng Masang Pilipino led by Joseph Estrada PDP-Laban - Aquino Pimentel
People’s Reform Party - Miriam Defensor Santiago
 Commission on Elections
(COMELEC)

SECTION 6. A free and open party system shall be allowed to evolve according to the frtee
choice of the people, subject to the provisions of the article.

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.

SECTION 8. Political parties, or organizations or coalitions registered under the party-list

system, shall not be represented in the voters’ registration boards, boards of election
inspectors, boards of canvassers, or other similar bodies. However, they shall be entitled to
appoint poll watchers in accordance with law.
Political Party
A political party is an organized group of
persons, its branches and divisions in a
government. The term has also been defined as
“an association of votes believing in certain
principles of government formed to urge the
adoption and execution of such principles in
governmental affairs through officers of like
belief.”
 Open Party System

Constitution envisions a “free and open party system” granting

them equal opportunities to compete for the control of the
government.

The provision encourages the development of multiparty system

in our country making the political arena more democratic.

Under the party-list system, the electorate vote for political parties and
not of individual candidate. Those political parties which gather a
sufficient percentage of votes is allowed to name their representatives
to the lower house of Congress and member of the representatives
depends on the total votes obtained by the political parties.
Under Section 8, political parties, or
organizations or coalition registered under the
party-list system, would not be represented in
the voter’s registration boards, boards of
election inspectors, board of canvassers, or
other similar bodies.
 www.reallygreatsite.com

Thank
you