Constitutional Law

Silliman University College of Law

1. COMMISSION ON AUDIT
2. CIVIL SERVICE COMMISSION
3. COMMISSION ELECTIONS
 SECTION 1, ARTICLE IX
 SALARY IS FIXED BY LAW AND NOT
DECREASED DURING THEIR TERM
 FISCAL AUTONOMY
 CAN PROMULGATE ITS OWN RULES
CONCERNING PLEADINGS AND PRACTICE
 Can Congress abolish the
Constitutional Commissions?
 Chairman and 2 Commissioners
 Natural-born citizens
 35 years of age
 Proven capacity for public administration
 Not candidates in preceding election
 Term: 7 (Chair), 5 and 3 years (members)
 Appointment: President with confirmation of
Commission on Appointments
 No reappointment, no temporary capacity
 All branches, subdivisions, instrumentalities,
and agencies of the Government, including
government-owned and controlled
corporations
 Appointments according to merit and fitness
 Removal or suspension according to law
 No electioneering or partisan political
activity
 Right to self-organization
 Right to a union for rank and file, no right to
strike
 Standardization of compensation
 Appointment of candidates who lost in the
elections: 1 year after the election
 Elective officials cannot concurrently hold
appointive positions
 No double remuneration for election
officials, except pensions and gratuities
 Brillantes vs. Yorac, G.R. 93887, December
19, 1990
 Aratuc vs Comelec, 88 SCRA 251
 UP vs. Regino, G.R. 88167, May 3, 1993
 Chairman and 6 Commissioners
 Natural-born citizens
 35 years of age
 Holder of a college degree
 Majority must be members of the IBP
 Not candidates in preceding election
 Term: 7 (Chair),7 (3 members) 5 (2
members) and 1 year (1 member)
 Appointment: President with confirmation of
Commission on Appointments
 No reappointment, no temporary capacity
 Enforce and administer all laws as regards
the conduct of elections
 Exercise original jurisdiction over all contests
relating to elections for the regional,
provincial and city officials and appellate
jurisdiction over municipal and barangay
officials decided by municipal courts
 Decide the number and location of all polling
places, appointment of election officials and
registration of voters
 Deputize armed forces for elections
 Register political parties
 File petitions for exclusion or inclusion of
voters, investigate violations of election laws
 Recommend to Congress measures to
minimize election spending
 Recommend to the President the removal of
any officer or employee deputized
 Submit to the President and Congress a
comprehensive report of each election,
plebiscite, initiative, referendum or recall
 Section 4: During the election period,
supervise the grant of franchise for operation
of transportation and other public utilities
 Comelec may sit en banc or in two divisions
 Can promulgate its own rules of procedure
 All pardons on election of offenses should be
with recommendation of Comelec
 Votes for a party-list shall only be counted if
registered with Comelec
 Free and open party system
 Election period: 90 days before election day
 Chairman and 2 Commissioners
 Natural-born citizens
 35 years of age
 Certified public accountant with 10 years
auditing experience
 Members of the IBP with 10 years experience
 Not candidates in preceding election
 Term: 7 (Chair),5 (1 member) 3 (1 member)
 Appointment: President with confirmation of
Commission on Appointments
 No reappointment, no temporary capacity
 Post-audit
 Constitutional bodies, commissions and offices
granted fiscal autonomy
 Autonomous colleges and universities
 Other GOCCs and subsidiaries
 NGOs receiving subsidy from government, directly or
indirectly
 Pre-audit
 If the internal control system of the audited agencies
is inadequate
 EXCLUSIVE AUTHORITY: define the scope of its
audit, establish techniques and methods,
promulgate accounting rules and regulations
NOTE
 Enactment of a Local Government Code
 President shall exercise general supervision
over local governments
 Term: 3 years
 Division, creation, merger, abolition: original
power to Congress with a plebiscite on all
affected areas
 Mama-o vs. Carague, G.R. No. 89965, Nov 19,
1989
 Establishment of ARMM and CAR
 A public office is a public trust
 Impeachable Officials
 President
 Vice-President
 Members of the ConCommissions
 Justices of SC
 Ombudsman
 Sandiganbayan: for offenses of public
officials with a penalty of less than 6 years
and in relation to office
 Ombudsman: above 6 years and in relation to
office
 Unlawful acquisition of state properties
 No loan grant for a business where he or she
has interest
 Declaration of Assets and Liabilities annually
 Allegiance to the State at all times
 Regalian Doctrine: All lands of the public
domain belong to the State
 More equitable distribution of national
wealth
 TYPES OF LANDS OF THE PUBLIC DOMAIN
 AGRICULTURAL
 FOREST OR TIMBER
 MINERAL LANDS
 NATIONAL PARKS
 CORPORATIONS: CAN HOLD PUBLIC LANDS BY
LEASE FOR 25 YEARS FOR 1,000 H
 Citizens: Lease for 500 hectares and acquire
12 hectares by homestead or grant
 SECTION 7
 Save in cases of hereditary succession, no private
lands shall be transferred or conveyed except to
individuals, corporations or associations qualified
to acquire or hold lands of the public domain
 Operation of public utility: 60-40
 Practice of all professions: Filipino citizens
 No monopolies of trade
 ARTICLE XIII
SOCIAL JUSTICE AND HUMAN RIGHTS
 ARTICLE XIV
EDUCATION, SCIENCE AND TECHNOLOGY,
ARTS, CULTURE AND SPORTS
 ARTICLE XV
THE FAMILY
 ARTICLE XVI
GENERAL PROVISIONS
 How undertaken?
Congress
¾ of vote of all members of Congress
 Constitutional Convention
 Vote of 2/3
 Majority vote: submit for plebiscite
People
-petition of at least 12% of total registered voters,
each legislative district represent by 3% of all its
registered voters
 When? Once every five years
 Amendment or revision must be ratified by
majority of electorate in a plebiscite not
later than 60 days after approval
Article XVIII