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POL - Consti 1 > Constitutional Commissions > Flashcards

Constitutional Commissions Flashcards

1
Q

What are the Constitutional Commissions?

A
  1. The Commission on Elections
  2. Commission on Audit
  3. Civil Service Commission
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2
Q

Can the Congress touch the constitutional commission’s rulemaking power?

A

NO.

Without a constitutional amendment or revision.

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3
Q

Does the laws the (constitutional) commissions interprets and enforces fall within the prerogative of Congress?

A

YES.

As an administrative agency, its quasi-legislative power is subject to the same limitations applicable to other administrative bodies [Trade and Investment Development Corporation of the Philippines v. Civil Service Commission]

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4
Q

What are the Constitutional Safeguards to Ensure Independence of Constitutional Commissions?

A
  1. They are constitutionally created, hence may not be abolished by statute.
  2. Each commission is vested with powers and functions which cannot be reduced by statute.
  3. Independent constitutional bodies.
  4. The Chairmen and members may not be removed except by impeachment.
  5. Fixed term of office of 7 years.
  6. The Chairmen and members may not be appointed in an acting capacity.
  7. The salaries of the Chairmen and members may not be decreased during their tenure.
  8. The Commissions enjoy fiscal autonomy.
  9. Each Commission may promulgate its own procedural rules, provided they do not diminish, increase or modify substantive rights (though subject to disapproval by the Supreme Court).
  10. The Commission may appoint their own officials and employees in accordance with Civil Service Law.
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5
Q

What are the requisite conditions for a promotiona appointment from commissioner to chairman of a constitutional commissione to be valid?

A

Sec. 1(2), Article IX-D (Commission on Audit) of the Constitution does not prohibit a promotional appointment from commissioner to chairman as long as:

  1. The commissioner has not served the full term of 7 years; and
  2. The appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. [Sec. 1(2), Article IX-D]
  3. The promotional appointment must conform to the rotational plan or the staggering of terms in the commission membership [Funa v. Commission on Audit, G.R. No. 192791 (2012)].
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6
Q

Can a member of a Commission on Audit be appointed or designated in a temporary or acting capacity?

A

NO.

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7
Q

What is the difference between term and tenure?

A

Term – the time during which the officer may claim to hold office as of right, and fixes the interval after which the several incumbents shall succeed one another

Tenure – term during which the incumbent actually holds the office The term of office is not affected by the hold-over. The tenure may be shorter than the term for reasons within or beyond the power of the incumbent.

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8
Q

[iden]

This is the time during which the officer may claim to hold office as of right, and fixes the interval after which the several incumbents shall succeed one another

A

Term

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9
Q

This is the term during which the incumbent actually holds the office The term of office is not affected by the hold-over. The tenure may be shorter than the term for reasons within or beyond the power of the incumbent.

A

Tenure

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10
Q

[iden]

This is the central personnel agency of the Government.

A

Civil Service Commission

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11
Q

Sec. 3, Art. IX-B.
The Civil Service Commission, as the central personnel agency of the Government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. It shall submit to the President and the Congress an annual report on its personnel programs.

A

Sec. 3, Art. IX-B. The Civil Service Commission, as the central personnel agency of the Government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. It shall submit to the President and the Congress an annual report on its personnel programs.

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12
Q

What are the functions of the Civil Service Commission?

A

Functions:

a. In the exercise of its powers to implement R.A. 6850 (granting civil service eligibility to employees under provisional or temporary status who have rendered seven years of efficient service), the CSC enjoys a wide latitude of discretion, and may not be compelled by mandamus [Torregoza v. Civil Service Commission, G.R. No. 101526 (1992)].
b. Under the Administrative Code of 1987, the Civil Service Commission has the power to hear and decide administrative cases instituted before it directly or on appeal, including contested appointments.
c. The Commission has original jurisdiction to hear and decide a complaint for cheating in the Civil Service examinations committed by government employees [Cruz v. CSC, G.R. No. 144464 (2001)].
d. It is the intent of the Civil Service Law, in requiring the establishment of a grievance procedure, that decisions of lower level officials (in cases involving personnel actions) be appealed to the agency head, then to the Civil Service Commission [Olanda v. Bugayong, G.R. No. 140917 (2003)].

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13
Q

What is the scope of the civil service?

A

Embraces all branches, subdivisions, instrumentalities and agencies of the Government, including GOCCs with original charters

[Sec. 2(1), Art. IX-B, Constitution].

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14
Q

Does Civil Service include government-owned or controlled corporations which are organized as subsidiaries of government-owned or controlled corporations under the general corporation law?

A

NO.

The Civil Service does not include governmen towned or controlled corporations which are organized as subsidiaries of government-owned or controlled corporations under the general corporation law

[National Service Corp. v. NLRC, GR No. L-69870 (1988)].

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15
Q

Is the University of the Philippines a part of the Civil Service Commission?

A

NO.

The University of the Philippines, having an original charter, is clearly part of the CSC [University of the Philippines v. Regino, G.R. No. 88167 (1993)].

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16
Q

What is the Composition of the Civil Service Commission?

A

A Chairman and 2 Commissioners

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17
Q

What are the qualifications of the Chairman and Commissioners of the Civil Service Commission?

A

Qualifications: [Sec. 1(1), Art. IX-B]

a. Natural-born citizens of the Philippines;
b. At the time of their appointment, at least 35 years of age;
c. With proven capacity for public administration; and
d. Must not have been candidates for any elective position in the election immediately preceding their appointment.

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18
Q

What are the classes of (civil) service?

A

a. Career Service

b. Non-career service

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19
Q

[iden]

This is a class of (civil) service which is characterized by entrance (a) based on merit and fitness to be determined, as far as practicable, by competitive examinations, OR (b) based on highly technical qualifications; with opportunity for advancement to higher career positions and security of tenure.

A

Career Service

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20
Q

[iden]

This is a class of (civil) service which is characterized by entrance on bases other than those of the usual tests utilized for the career service; tenure limited to a period specified by law, or which is co-terminus with that of the appointing authority or subject to his pleasure, or which is limited to the duration

A

Non-career service

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21
Q

Career Service is characterized by what?

A

entrance

(a) based on merit and fitness to be determined, as far as practicable, by competitive examinations,

OR

(b) based on highly technical qualifications; with opportunity for advancement to higher career positions and security of tenure.

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22
Q

What are the different positions under Career Service?

A
  1. open career positions
  2. closed career positions
  3. career executive service
  4. career officers
  5. positions in the AFP
  6. personnel of GOCCs with original charter
  7. permanent laborers
  1. Open career positions: Where prior qualification in an appropriate examination is required.
  2. Closed career positions: e.g. scientific or highly technical in nature;
  3. Career Executive Service: undersecretaries, bureau directors
  4. Career Officers: Other than those belonging to the Career Executive Service who are
    e. g.appointed by the President, e.g. those in theforeign service
  5. Positions in the AFP although governed by a different merit system
  6. Personnel of GOCCs with original charters
  7. Permanent laborers, whether skilled, semiskilled or unskilled
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23
Q

Non-career service is characterized by what?

A

Characterized by entrance on bases other than those of the usual tests utilized for the career service; tenure limited to a period specified by law, or which is co-terminus with that of the appointing authority or subject to his pleasure, or which is limited to the duration

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24
Q

What are the positions considered to be under ‘non-career service’?

A

a. Elective officials, and their personal and confidential staff;
b. Department heads and officials of Cabinet rank who hold office at the pleasure of the President, and their personal and confidential staff;
c. Chairmen and members of commissions and bureaus with fixed terms;
d. Contractual personnel;
e. Emergency and seasonal personnel.

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25
Q

Can employees in the civil service resort to strikes to pressure the governement to accede to their demands?

A

NO.

Employees in the civil service may not resort to strikes, walkouts and other temporary work stoppages, like workers in the private sector, to pressure the Government to accede to their demands [SSS Employees Association v. CA]

Those who enter government service are subjected to a different degree of limitation on their freedom to speak their mind; however, it is not tantamount to the relinquishment of their constitutional right of expression otherwise enjoyed by citizens just by reason of their employment. Hence, a concerted activity or mass action done outside of government office hours shall not be deemed a prohibited concerted activity or mass action within the contemplation of this omnibus rules provided the same shall not occasion or result in the disruption of work or service [Davao City Water District v. Aranjuez,

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26
Q

What are the exceptions to the general rule that appointments to the general rule that appointments in the civil service are made only according to merit and fitness to be determined, as far as practicable, by competitive examination?

A

Exceptions:

a. policy determining
b. primarily confidential
c. highly technical

a. Policy determining: Where the officer lays down principal or fundamental guidelines or rules; or formulates a method of action for government or any of its subdivisions; e.g. department head.
b. Primarily confidential: Denoting not only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy which ensures freedom of intercourse without embarrassment or freedom from misgivings or betrayals on confidential matters of state [De los Santos v. Mallare, G.R. No. L-3881 (1950)]; OR one declared to be so by the President of the Philippines upon the recommendation of the CSC, subject to judicial review [Salazar v. Mathay, G.R. No. L-44061 (1976)].
c. Highly technical: Requires possession of technical skill or training in supreme degree [De los Santos v. Mallare, supra].

27
Q

What is the general rule with regards appointments in the Civil Service?

A

General Rule: Made only according to merit and fitness to be determined, as far as practicable, by competitive examination

28
Q

(Accordint to Bernas) The role of the Civil Service Commission in the appointing process is limites to what?

A

The role of the CSC in the appointing process is limited to the determination of qualifications of the candidates for appointments and plays no role in the choice of the person to be appointed [BERNAS at 1052]

29
Q

What are the disqualifications to appointments in the Civil Service?

A
  1. No candidate who has lost in any election shall within 1 year after such election, be appointed to any office in the Government or any GOCC or in any of its subsidiaries. [Art. IX-B, Sec. 6]
  2. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. [Art. IXB, Sec. 7[1]]
  3. Unless otherwise allowed by law OR by the primary functions of his position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof including GOCCs or their subsidiaries. [Art. IX-B, Sec. 7(2)]
  4. No officer or employee in the civil service shall engage directly or indirectly, in any electioneering or partisan political activity. [Art. IX-B, sec. 2(4)]
30
Q

How may an officer or employee of the civil service be removed or suspended?

A

No officer or employee of the civil service shall be removed or suspended except for cause provided by law. [Sec. 2 (2), ART. IX, B, Constitution]

31
Q

What are the powers and functions of the Commission on Elections?

A

a. Enforce all laws relating to the conduct of election, plebiscite, initiative, referendum and recall
b. Recommend to the Congress effective measures to minimize election spending, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies
c. Submit to the President and the Congress, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall
d. Decide administrative questions pertaining to election except the right to vote (the jurisdiction of which is with the judiciary)
e. File petitions in court for inclusion or exclusion of voters
f. Investigate and prosecute cases of violations of election laws
g. Recommend pardon, amnesty, parole or suspension of sentence of election law violators
h. Deputize law enforcement agencies and instrumentalities of the Government for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections
i. Recommend to the President the removal of any officer or employee it has deputized for violation or disregard of, or disobedience to its directive
j. Registration of political parties, organizations and coalitions and accreditation of citizens’ arms
k. Regulation of public utilities and media of information

l. Decide election cases
The Commission on Elections

32
Q

When may the Commission on Election exercise its power to declare failure of election?

A

COMELEC may exercise such power motu proprio or upon a verified petition, and the hearing of the case shall be summary in nature [Sison v. COMELEC]

33
Q

FIB

COMELEC has _____________ jurisdiction to investigate and prosecute cases for violation of election laws.

A

exclusive

34
Q

FIB

__________________________ grants to the Department of Justice concurrent jurisdiction to investigate and prosecute violation of election law.

A

RA 9369 (Sec. 43) of the Automated Election System Law of January, 2007

35
Q

What are the case which must be heard by division by the Commission of Elections?

A

a. All election cases, including pre-proclamation contests originally cognizable by the Commission in the exercise of its powers under Sec. 2(2), Art IX-C.
b. Jurisdiction over a petition to cancel a certificate of candidacy.
c. Even cases appealed from the RTC or MTC have to be heard and decided in division before they may be heard en banc.

36
Q

What are pre-proclamation contests or controversies? (re election cases)

A

Pre-proclamation contests or controversies are election cases which are instituted prior to the proclamation of the winning candidate. They are deemed to be still in the administrative stage.

It includes the questions of:

  1. the legality of the composition of the Board of Canvassers, and
  2. questions of fraudulent election returns.
37
Q

What are election contests (re election cases)?

A

An election contest, on the other hand only occurs after the proclamation of a winner. Only after a winner has been proclaimed can there be an actual “contest”, with a contestant who seeks not only to oust the intruder but also to have himself installed into office.

38
Q

Differentiate pre-proclamation contests or controversies and election contests?

A

Pre-proclamation contests or controversies are election cases which are instituted prior to the proclamation of the winning candidate. They are deemed to be still in the administrative stage.

It includes the questions of:

  1. the legality of the composition of the Board of Canvassers, and
  2. questions of fraudulent election returns.

An election contest, on the other hand only occurs after the proclamation of a winner. Only after a winner has been proclaimed can there be an actual “contest”, with a contestant who seeks not only to oust the intruder but also to have himself installed into office.

39
Q

If the COMELEC exercises its quasi-judicial functions, the case must be heard through a ___________. Upon a motion for reconsideration of a decision, the case is heard ____________.

A

division;
en banc

[Manzala v. COMELEC]

40
Q

If the COMELEC exercises its administrative functions then it must act ___________.

A

en banc

[Bautista v. COMELEC]

41
Q

When may a motion for reconsideration of a decision or resolution of the Comelec En Banc or a division be granted?

A

A motion for reconsideration of a decision or resolution of the Comelec En Banc or of a division may be granted upon vote of a majority of the members of the en banc or of a division, as the case may be, who actually took part in the deliberation of the motion.

42
Q

What happens when the voting results of a motion for reconsideration of a decision or resolution of the Comelec En Banc or of a division results in a tie?

A

The motion for reconsideration is deemed DENIED.

Free from ambiguity, the plain meaning of the clarificatory resolution is that the motion for reconsideration, being an incidental matter, is deemed denied if no majority vote is reached. Otherwise, the fourvote requirement under Section 7, Article IX-A of the Constitution is circumvented and likewise the adjudicatory powers of the Comelec Division under Section 3 of Article IX-C is in effect diminished.
(Legaspi v. COMELEC)

43
Q

What is the composition of the COMELEC?

A

A Chairman and 6 Commissioners

44
Q

What are the qualifications of the Chairman and Commissioners of COMELEC?

A

a. Must be natural-born citizens;
b. At least 35 years of age;
c. Holders of a college degree;
d. Have not been candidates in the immediately preceding election;
e. Majority, including the Chairman, must be members of the Philippine Bar who have been engaged in the practice of law for at least 10 years.

[Sec. 1, Art. IX-C, Constitution]

45
Q

What are the powers and functions of the Commission on Audit?

A

Examine, audit, and settle accounts pertaining to government funds or property: its revenue, receipts, expenditures, and uses 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

46
Q

Does the Commission on Audit have the exclusive power to examine and audit government agencies?

A

NO.

COA does not have the exclusive power to examine and audit government agencies. The framers of the Constitution were fully aware of the need to allow independent private audit of certain government agencies in addition to the COA audit [DBP v. COA, G.R. No. 88435 (2002)].

47
Q

What acts does the Commission on Audit have exclusive authority to do?

A
  • Define the scope of its audit and examination;
  • Establish techniques and methods required;
  • Promulgate accounting and auditing rules and regulations. including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures or uses of government funds and properties.
48
Q

Can a law ba passed exempting an entity of the Government or its subdiaries from the jurisdiction of the Commission on Audit?

A

NO.

Sec. 3, Art. IX-D, Constitution. No law shall be passed exempting any entity of the Government or its subsidiaries in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit.

Congress cannot exempt foreign grants from the jurisdiction of the Commission on Audit. Its jurisdiction extends to all government-owned or controlled corporation, including those funded by donations through the Government.

49
Q

What is the composition of the Commission on Audit?

A

A Chairman and 2 Commissioners

50
Q

What are the qualifications of for the Chairman and Commissioners of the Commission on Audit?

A

Qualifications:

a. Natural born Filipino citizens
b. At least 35 years of age
c. CPAs with not less than 10 years of auditing experience OR members of the Philippine bar with at least 10 years practice of law

Note: At no time shall all members belong to the same profession.

51
Q

What are the prohibited offices and interests to members of the constitutional commissions?

A

No member of the Constitutional Commissions shall, during their tenure:

  1. Hold any other office or employment. This is similar to the prohibition against executive officers. It applies to both public and private offices and employment;
  2. Engage in the practice of any profession;
  3. Engage in the active management or control of any business which in any way may be affected by the functions of his office; or
  4. Be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by, the Government, its subdivisions, agencies or instrumentalities, including GOCCs or their subsidiaries [Sec. 2, Art. IX-A, Constitution].
52
Q

What is under the jurisdiction of the Civil Service Commission?

A

The CSC has been granted by the Constitution and the Administrative Code jurisdiction over all civil service positions in the government service, whether career or non-career.

53
Q

When will the appellate power of the Civil Service Commission apply?

A

The appellate power of the CSC will only apply when the subject of the administrative cases filed against erring employees is in connection with the duties and functions of their office, and not in cases where the acts of complainant arose from cheating in the civil service examinations [Cruz v. CSC]

54
Q

The Commission on Elections has exclusive jurisdiction over what?

A

All contests relating to the elections, returns and qualifications of all elective regional, provincial, and city officials

55
Q

When does the COMELEC have jurisdiction over intra-party disputes?

A

The COMELEC has jurisdiction over cases pertaining to party leadership and the nomination of party-list representatives. The COMELEC’s powers and functions under the Constitution, “include the ascertainment of the identity of the political party and its legitimate officers responsible for its acts.” The power to register political parties necessarily involves the determination of the persons who must act on its behalf. Thus, the COMELEC may resolve an intraparty leadership dispute, in a proper case brought before it, as an incident of its power to register political parties [Lokin v. COMELEC]

56
Q

When does the COMELEC have appellate jurisdiction?

A

All contests involving elected municipal officials decided by trial courts of general jurisdiction or involving elective barangay officials decided by a court of limited jurisdiction [Garcia v. De Jesus]

57
Q

When does the COMELEC have jurisdiction to issue writs of certiorari?

A

The COMELEC may issue a writ of certiorari in aid of its appellate jurisdiction. Interpreting the phrase “in aid of its appellate jurisdiction,” if a case may be appealed to a particular court or judicial tribunal or body, then said court or judicial tribunal or body has jurisdiction to issue the extraordinary writ of certiorari, in aid of its appellate jurisdiction [Bulilis v. Nuez]

58
Q

What is within the jurisdiction of the Commission on Audit?

A

Sec. 2 (1), Art. IX-D. 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 postaudit basis: (a) constitutional bodies, commissions and offices that have been granted fiscal autonomy under this Constitution; (b) autonomous state colleges and universities; (c) other governmentowned 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.

59
Q

Are LGUs within the audit jurisdiction of the Commission on Audit?

A

YES.

LGUs, though granted local fiscal autonomy, are still within the audit jurisdiction of the COA [Veloso v. COA]

60
Q

What is the limitation on the Commission on Audit’s primary jurisdiction over money claims?

A

Limited to liquidated claims: The COA has primary jurisdiction to pass upon a private entity’s money claims against a provincial gov’t. However, the scope of the COA’s authority to take cognizance of claims is circumscribed by cases holding statutes of similar import to mean only liquidated claims, or those determined or readily determinable from vouchers, invoices, and such other papers within reach of accounting officers. [Euro-Med Laboratories, Phil. Inc. v. Province of Batangas]

61
Q

What is the rules on decisions of Constitutional Commissions rendered in exercise of quasi-judicial functions?

A

Sec. 7, Art. IX-A. Each Commission shall decide by a majority vote of all its Members, any case or matter brought before it within sixty (60) days from the date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself. Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.

62
Q

When may a decision, order, or ruling of a constitutional commission be brought to the SC on certiorari?

A

Any decision, order or ruling of each Commission may be brought to the SC on certiorari by the aggrieved party within thirty (30) days from receipt of the copy thereof.

63
Q

What are the limitations to the certiorari jurisdiction of the Supreme Court over decisions of the constitutional commissions?

A

Limited to decisions rendered in actions or
proceedings taken cognizance of by the Commissions in the exercise of their quasi-judicial powers.

The Court exercises extraordinary jurisdiction, thus, the proceeding is limited only to issues involving grave abuse of discretion resulting in lack or excess of jurisdiction, and does not ordinarily empower the Court to review the factual findings of the Commission [Aratuc v. COMELEC]

64
Q

Synthesis on the rules of modes of revies of decisions of constitutional commissions

A
  1. Decisions, order or ruling of the Commissions in the exercise of their quasi-judicial functions may be reviewed by the Supreme Court.
  2. The mode of review is a petition for certiorari under Rule 64 (not Rule 65).
  3. Exception: The Rules of Civil Procedure, however, provides for a different legal route in the case of the Civil Service Commission. In the case of CSC, Rule 43 will be applied, and the case will be brought to the Court of Appeals.

POL - Consti 1 (10 decks)

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