ARTICLE VII

EXECUTIVE DEPARTMENT

SECTION 1. The executive power shall be vested in the President of the

Philippines.

∙ Section 1 is the most powerful provision because

(a) It is the source of all inherent power.
(b) Political authority of the president is the people.

∙ Qualifications:
(1) Natural-born citizens of the Philippines
(2) Registered voter
(3) Able to read and write
(4) At least 40 years old on the day of the election
(5) Resident of the Philippines for at least ten years immediately preceding
such election

∙ Election
(a) Regular election – second Monday of May
(b) Congress as canvassing board
(c) Supreme Court as Presidential Electoral Tribunal

∙ Term of office
(a) No re-election. No person who has succeeded as President for
more than four years shall be qualified for election to the same
office at any time.

(b) The 6 year term of the President and Vice President is for purposes of
synchronization of elections.

∙ Oath
“I do solemnly swear (or affirm) that I will faithfully and
conscientiously fulfill my duties as President (or Vice President or
Acting President) of the Philippines, preserve and defend its
Constitution, execute its laws, do justice to every man, and
consecrate myself to the service of the Nation. So help me God.”
(In case of affirmation, last sentence will be omitted.)

∙ Privileges
(a) Official residence
(b) Salary – determined by law, shall not be decreased during tenure.
No increase until after the expiration of the term of the incumbent
during which such increase was approved.
(c) Immunity from suit – while immune from suit, president may still
institute suit
∙ Immune from civil liability
∙ After tenure, President cannot invoke immunity from suit for
civil damages arising out of acts done by him while he was
president which were not performed in the exercise of official
duties.
∙ Alter ego of President cannot invoke immunity from suit
because the questioned acts are not acts of the President
but merely those of a department secretary.
∙ The choice of whether to exercise the privilege or to waive it is
solely the President’s prerogative. It is a decision that
cannot be assumed and imposed by any other people.
 (d) Executive privilege – the right of the president and high-level
executive branch officials to withhold information from Congress,
the courts and ultimately the public.
∙ Does not attach to the person, but to the act or information
∙ What it covers:
State secrets
Informer
General principles of internal deliberations
∙ Cannot be pried by a co-equal branch of the government
∙ Being an exemption from the obligation to disclose information,
the necessity for the withholding of the
information must be of such a high degree as to outweigh
public interest – an indication of a democratic and republican
state
∙ Presidential communication is presumptively privileged; but the
presumption is subject to rebuttal. Thus, whoever
challenges it must show good and valid reasons related to
the public welfare.

∙ Prohibitions / Inhibitions:
(a) Shall not receive any other emoluments from the government or
any other source
(b) Unless otherwise provided in the Constitution, shall not hold any
other office or employment
∙ The VP may be appointed to the cabinet without the need of
confirmation by the Commission on Appointments
∙ EO 284 which allowed cabinet members to hold two other
offices in government is unconstitutional, in direct
contravention of Section 13, Article VII
∙ Executive officials may occupy posts in an ex-officio capacity
without additional compensation and as required by the
primary functions of the said official’s office.
(c) Shall not directly or indirectly:
- Practice any other profession
- Participate in any business
- Be financially interested in any contract with or in any
franchise or special privilege granted by the government
(d) Strictly avoid conflict of interest in the conduct of their office (e)
May not appoint spouse or relatives by consanguinity or affinity within
the 4th civil degree as members of:
- Constitutional commissions
- Office of the Ombudsman
- Secretaries
- Under Secretaries
- Chairmen or heads of bureaus or offices, including GOCC
and their subsidiaries

∙ Succession

(a) Vacancy at the beginning of the term

CAUSE SUCCESSION
Death or permanent disability Vice President-elect (not merely acting
but as president)
Fails to qualify VP-elect shall act as president until President-elect
shall have qualified
 VP-elect shall act as president until a
Not chosen (b) Vacancy during term
president shall have been chosen and
qualified
President of the Senate, or in case of his
inability, the Speaker of the HR shall act as
president until a pres and VP shall have
No President and VP chosen nor shall been chosen and qualified. In the event of
have qualified or both shall have died or inability of the officials mentioned,
become permanently disabled Congress by law shall provide for a manner
in which one who is to act as president
shall be selected until a president or VP
shall have qualified.

CAUSE SUCCESSION
Death, permanent disability, removal
from office, resignation VP shall become the president Senate President,
in case of inability,
Speaker of HR, shall act as President
Death, permanent disability, removal (c) Temporary Disability
from office, resignation of President and until a President or VP shall be elected and
VP qualified. Congress by law shall provide for
the manner in which one is to act as
President in the event of inability of the
officials mentioned above.

∙ President transmits tot the Senate President and the Speaker his written
declaration that he is unable to discharge the power and duties of his
office.
∙ Until he transmits to them written declaration to the contrary, such powers
and duties shall be discharged by the VP as acting president. ∙ Majority of all
the members of the cabinet transmits to the Senate president and the
Speaker their written declaration that the president is unable to discharge the
powers and duties of his office, VP shall immediately assume powers and
duties of the office as acting president. ∙ When president transmits to the
Senate president and Speaker his written declaration that no inability exists,
he shall assume the powers and duties of his office.
∙ Within 5 days, majority of the members of the cabinet transmit to the Senate
president and Speaker their written declaration that the president is
unable to discharge the powers and duties of his office. Congress shall
decide the issue.
∙ For this purpose, Congress shall convene, if not in session, within 48 hours.
∙ If not in session, within 12 days after it is required to assemble, Congress
determine by a 2/3 vote of both houses, voting separately, than the
president is unable to discharge the powers and duties of his office, the
VP shall act as president.
∙ Otherwise the president shall continue exercising the powers and duties of
his office.

(d) Constitutional duty of Congress in case of vacancy in the offices of President

and VP
(1) At 10am of the 3rd day after the vacancy occurs
(2) Congress shall convene without the need of a call
 (3) Within 7 days enact a law calling for a special election to elect a
president and VP
(4) To be held not earlier than 45 nor later than 60 days from the time of
such call
(5) The bill shall be deemed certified and shall become law upon its
approval on third reading by Congress
(6) Convening of Congress cannot be suspended nor the special election
postponed
(7) No special election shall be called if the vacancy occurs within 18
months before the date of the next presidential election

∙ A President has no right to “hold-over.” Should it happen that on the

appointed hour and day there is no president-elect, either because the
president-elect died or failed to qualify or because no winner has been
proclaimed, then Section 7 becomes operative.

∙ Impeachment

(a) Who may be impeached

(1) President
(2) VP
(3) Members of the Supreme Court
(4) Members of the Constitutional Commissions
(5) Ombudsman

(b) Grounds for impeachment

(1) Culpable violation of the Constitution
(2) Treason
(3) Bribery
(4) Graft and corruption
(5) Other high crimes
(6) Betrayal of public trust

∙ Only the House of Representatives / citizen upon resolution or endorsement

by any member of the HR may initiate case of impeachment.

∙ Powers of the President

Not limited merely to the provisions of the Constitution

(1) Executive Power

(a) Power to enforce and administer the laws
(b) As the administrative head of the government, the president is
vested with the power to execute, administer and carry out laws
into practical operation
(c) Power of carrying out the laws into practical operation and
enforcing their due observance
∙ Authority to organize the Office of the President by virtue of
Administrative Code of 1987 (EO 292)
∙ The reverse side of the power to execute the law is the duty to carry it
out. The President cannot refuse to carry out a law for the simple
reason that in his judgment it will not be beneficial to the people. As the
Supreme Court pointed out, “after all we still live under a rule of law.”

(2) Power of Appointment

∙ Appointment
- Selection, by authority vested with the power, of an individual
 who is to exercise the functions of a given office

∙ Designation
- The imposition of additional duties, usually by law, on a person
already in the public service

∙ Commission – written evidence of appointment

Permanent Temporary
Given to persons without such
eligibility, revocable at will and
without the necessity and just cause
Extended to persons possessing the has not yet decided on a permanent
qualifications and requisite eligibility and appointee and that the temporary
are thus protected by security of tenure appointee may be replaced at any time a
or a valid investigation made on the permanent choice is made.
understanding that the appointing power

Regular Ad Interim
One made by the president while Congress is not in session, takes effect
Congress is in session takes effect only immediately, but ceases to be valid if
after confirmation by the Commission on disapproved by the Commission on
Appointments. Once approved continues Appointments or upon the next
until the end of the term of the appointee. adjournment of Congress.
One made by the president while
Nominates not appoint Appoints
Appointment is not immediately executor – appointments are permanent but
awaits the confirmation of the Commission conditional, subject to disapproval
on Appointments ∙ Matibag vs. Benipayo – Appointment
Appointment is immediately executor – but cannot be withdrawn once qualified.
resolutory. Ad interim appointments are
permanent until disapproved during
∙ Summers vs. Ozaeta – Ad interim the next session of Congress.
Applicable Only When Appointment Requires

Confirmation (1) Provided by Constitution

(a) Heads of executive departments except VP

(b) Ambassadors or other public ministers and consuls
(c) Officers of the armed forces from the rank of coronel or naval capt ∙
Not applicable to PNP, as the same is under the DILG
(d) Those other officers whose appointments are vested in him in the
Constitution (Sarmiento vs. Mison) – Such as
i. Members of the Constitutional Commission
ii. Four regular members of the JBC
∙ Calderon vs. Carale – The enumeration is exclusive, congress may not
amend to add/reduce
(2) Officers whose appointments are not provided by law
(3) Vested by congress

∙ Steps in appointing process:

(1) Nomination by the president
(2) Confirmation by the Commission on Appointments
(3) Issuance of the commission
(4) Acceptance by the appointee
 ∙ Discretion of Appointing Authority
Appointment is essentially a discretionary power and must be
performed by the officer in which it is vested according to his best lights,
the only condition being the appointee should possess the minimum
qualifications.
Discretion also includes determination of the nature or character of
the appointment.

∙ Special constitutional limitations on the President’s appointing power:

(1) Nepotism – May not appoint his spouse and relative by
consanguinity or affinity within the fourth civil degree as
members of the constitutional commissions, or as
secretaries, undersecretaries, chairmen, or heads of
bureaus or offices, including GOCC
(2) Appointments by acting president shall remain effective unless
revoked by the elected president within 90 days from
his assumption of office
(3) Two months immediately before the next presidential
elections, and up to the end of his term, a president or acting
president shall not make appointments except temporary
appointments to executive positions when continued
vacancies will prejudice public service or endanger public
safety
∙ In RE: Velenzuela/Vallerta – The prohibition is directed
against 2 appointments
(1) Buying votes – The so-called midnight
appointment
(2) Partisan consideration – pre-empting the president
of prerogative of incoming president
∙ De Castro vs. JBC – will not apply to judicial
appointments.
∙ When a law creating an office does not specify who shall appoint the officer,
the appointment must be made by the President.
(3) Power of Removal

∙ General rule: Implied from the power of appointment. For cause and
in accordance with prescribed administrative
procedure.
Exception: When constitution prescribes certain methods for
separation of such officers from public service.

(4) Power of Control

∙ Control – power of an officer to alter or modify or nullify or set aside what

a subordinate officer had done in the performance of his duties and to
substitute his judgment for that of the latter’s.

∙ Supervision – overseeing, or the power or authority of an officer to see that

subordinate officers perform their duties and if the latter fail or neglect to
fulfill them, then the former may take such action or steps as prescribed by
law to make them perform these duties.

∙ Power of General Supervision over Local Governments – Can only interfere

in the affairs and activities of a local government unit if he or she finds that
the latter had acted contrary to law.
∙ Ganzon vs CA – investigation is not inconsistent with general
supervision
 ∙ Alter Ego Principle
∙ Headed by cabinet secretaries

“Doctrine of Qualified Political Agency” recognizes:

(1) The establishment of a single executive and administrative

organizations are adjuncts of the Executive department;
(2) The heads of the various executive departments are
assistants and agents of the Chief Executive;
(3) Except in cases where Chief Executive is required by the
constitution or law to act in person or the exigencies of the
situation demand that he act personally, the administrative
functions are performed by and through the executive
departments and the acts of the secretaries of such
departments performed or promulgated in the regular course
of business are, unless disapproved or reprobated by the
Chief Executive presumptively the acts of the Chief
Executive.

∙ Appeal
Decisions of subordinate executive officers are appealable to the
President. This completes the exhaustion of administrative remedies.
Except when the doctrine of qualified political agency applies in which
case the decision of the cabinet secretary carries the presumptive
approval of the president then there is no need to appeal the decision of
the president in order to complete exhaustion of administrative remedies.

(5) Military Powers

The President shall be the commander in chief of all armed forces of the
Philippines and whenever it becomes necessary, he may call out such armed
forces to prevent or suppress lawless violence, invasion or rebellion. In cases
of invasion or rebellion, when the public safety requires it, he may, for a
period of not exceeding 60 days, suspend the privilege of the writ of habeas
corpus or place the Philippines or any part thereof under martial law.

∙ Olaguer Doctrine – Even during martial law, military courts cannot try
civilians when civil courts are able to function

∙ Commander-in-chief Clause
(a) The president shall be the commander in chief of the Philippines. ∙
Ability of the president to require a military official to secure prior consent
before appearing in congress
∙ Most crucial to the democratic way of life, to civil supremacy
over the military, and to the general stability of our
representative system of government.
(b) To call out such armed forces to prevent or suppress lawless
violence, invasion or rebellion
(c) The power to organize courts martial for the discipline of members of
the armed forces, create military commissions for the
punishment of war crimes.

(6) Pardoning Power

Except in cases of impeachment, or as otherwise provided in the

constitution, the president may grant reprieves, commutations, and pardons, and
remit fines and forfeitures, after conviction by final judgment. He shall also have
the power to grant amnesty with the concurrence of the majority of all the
 members of the congress.

∙ Pardon – act of grace which exempts the individual on whom it is bestowed

from punishment. President cannot grant pardon on discipline judges as
this is an encroachment on the power of the Supreme Court.

∙ Commutation – reduction or mitigation of the penalty

∙ Reprieve – postponement of execution of the death penalty ∙ Parole –

release from imprisonment, but without full restoration of liberty

∙ Amnesty – act of grace concurred by the legislature, usually extended to

groups of persons who committed political offenses, which puts into
oblivion the offense itself. No need for conviction by final judgment.

∙ Discretionary upon the president and may not be controlled by the

legislature, reversed by the court unless there is a constitutional provision.

∙ Limitations on Exercise
(1) Cannot be granted in case of impeachment
(2) Cannot be granted in cases of violation of election laws
without the favourable recommendation of the
COMELEC
(3) Can be granted only after conviction by final judgment
(4) Cannot be granted in cases of legislative contempt or civil
contempt
(5) Cannot absolve the convict of civil liability
(6) Cannot restore public offices forfeited
∙ Classification of pardon
(1) Plenary or partial
(2) Absolute or conditional

∙ Amnesty
- totally extinguishes criminal liability
- one must admit his guilt of the offense covered by the
proclamation

Amnesty Pardon
Political offense Infractions of peace of the State Classes of
persons Individuals
No need for distinct acts of
acceptance Acceptance necessary
Requires concurrence of congress Does not
Public act which the courts may take Private act which must be pleaded and
judicial notice of – because this is the proved
official act of the president
Looks forward and relieves the
Looks backward and puts into oblivion the pardonee of the consequences of the
offense offense
Monsanto vs Factoran: Pardonee is not Llamas vs Orbos: Pardon is also
entitled to reinstatement / backwages available to one guilty of
because the pardon only extinguishes the administrative offense, there is no
penalty, but she is still a convict distinction by the constitution
 ∙ That Section 19 gives the President the power of executive clemency is a
tacit admission that human institutions are imperfect and that there are
infirmities in the administration of justice. The power therefore exists as an
instrument for correcting these infirmities and for mitigating whatever
harshness might be generated by a too strict application of the law. In
recent years, it has been used as a bargaining chip in the efforts to unify
various political forces.

(7) Borrowing Power

∙ The president may contract or guarantee foreign loans on behalf of the

Republic
(a) Prior concurrence of Monetary Board
(b) Subject to limitations under the law
(c) Monetary Board shall, within 30 days from the end of every
quarter, submit to congress a complete report of its
decisions on applications for loans which would have the
effect of increasing the foreign debt

(8) Diplomatic Power

∙ Treaty-making power
No treaty or international agreement shall be valid and effective
unless concurred in by at least 2/3 of all the members of the Senate.

Treaty International Agreement

Involves political issues or changes of Involving international agreements of a
national policy permanent character
Adjustment of details carrying out well and traditions
established national policies Involving international agreements or a
more or less temporary nature
Formal documents require ratification Binding through executive action
Ratified by the Senate Not subject to concurrence of the Senate
Same binding effects (Bayan v. Zamora)

∙ Exchange of notes – Form of executive agreement. So it is binding without

the need of the vote of Senate

∙ Bayan vs Zamora – VFA is a treaty not a mere executive agreement

A quagmire was faced as to which constitution provision should

govern

Article XVIII, Section 25. After the expiration in 1991 of the

Agreement between the Republic of the Philippines and the United States
of America concerning Military Bases, foreign military bases, troops, or
facilities shall not be allowed in the Philippines except under a treaty duly
concurred in by the Senate and, when the Congress so requires, ratified
by a majority of the votes cast by the people in a national referendum held
for that purpose, and recognized as a treaty by the other contracting State.

Article VII, Section 21. No treaty or international agreement shall be

valid and effective unless concurred in by at least two-thirds of all the
Members of the Senate.

Article XVIII, Section 25 is applicable as it is a special provision

applicable to treaties involving military bases.
 (9) Budgetary Power

∙ President shall submit to congress within 30 days from the opening of every
regular session as the basis of General Appropriation Act.

∙ A budget expenditures and sources of financing, including receipts from

existing and proposed revenue measures

∙ Congress cannot increase, only reduce budget.

(10) Informing Powers

∙ The president shall address the congress at the opening of its regular
session. He may also appear before it at ny other time.

∙ SONA – 4th Monday of July

∙ Instances when the congress may convene without the call of the
president
a. Martial law
b. Suspension of privilege of writ of habeas corpus
c. Impeachment cases
d. Canvassing elections for President and Vice President
e. Schedule special elections for President and Vice President
(11) Other Powers

a. Call congress to a special session

b. Power to appropriate or veto bills
c. Consent to deputation of government personnel by the Comelec
d. Discipline such deputies
e. Emergency powers, tariff powers delegated by the congress
f. General supervision over LGU and autonomous regional
governments
g. Unstated residual powers (Marcos vs Manglapus)
h. Power of impoundment – refusal of the president to whatever
reason to spend funds appropriated by congress

∙ Martial law depends on two factual bases: (1) the existence of invasion or
rebellion, and (2) the requirement of public safety.

∙ A president can claim emergency powers only when these are granted to
him by Congress under Article VI, Section 23.

∙ Vice President

∙ Qualifications
a. Natural-born citizen of the Philippines
b. Registered voter
c. Able to read and write
d. At least 40 years old on the day of the election
e. Resident of the Philippines for at least ten years immediately preceding
such election

∙ Election
a. Regular election – 2nd Monday of May
b. Congress as canvassing board
 c. Supreme Court as Presidential Electoral Tribunal

∙ Term of Office

∙ 6 years. But no VP shall serve for more than 2 successive terms.

∙ In case of vacancy, President shall nominate a Vice President from among

the members of the Senate and the House of Representatives who shall
assume office upon confirmation by a majority vote of all the members of
both Houses of Congress voting separately.

∙ The Vice President is essentially a President in reserve. He has no other

function than to be prepared to assume the presidency should a vacancy in
the office arises.

∙ The Vice President, by the nature of his office, is neither powerful nor busy.

ARTICLE VIII
JUDICIAL DEPARTMENT

∙ The least dangerous branch of the government – because it possesses neither

the power of the purse nor the sword
∙ Yet, is important because of the power of education and judgment.

∙ The judiciary is considered as the last bulwark of constitutional rights and

liberties.

∙ Section 1. Judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law.
∙ Constitutional court – Supreme Court
∙ Statutory courts:
CA, RTC, MTC, MeTC. MCTC, Sandiganbayan, Sharia

∙ Judicial Power includes the duty of the courts of justice to settle actual
controversies involving rights ahich are legally demandable and enforceable, and
to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the government.

∙ 2 Types of Judicial Power

(a) Traditional – settle actual controversies involving rights which are
legally demandable and enforceable
(b) Expanded – determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the
part of any branch or instrumentality of the government

∙ Powers to amend and control its processes and orders includes the right to reverse
itself.

∙ Supreme Court can look into factual basis.

∙ Judicial power is vested in one Supreme Court and in such lower courts as may be
established by law.

∙ Supreme Court was called “Supreme Council of Grace and Justice” in the Biak na-
Bata Constitution. It was called the “Supreme Court” in Malolos constitution.

∙ Jurisdiction is the power to hear and decide a case.

∙ Congress has the power to define, prescribe and apportion the jurisdiction of the
various courts, but may not deprive the Supreme Court of its jurisdiction over
cases.

∙ Section 5. The Supreme Court shall have the following powers: (1) Exercise original
jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto,
and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the
law or the Rules of Court may provide, final judgments and orders of lower courts
in:
(a) All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment,
or toll, or any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua
or higher.
(e) All cases in which only an error or question of law is involved. (3)
Assign temporarily judges of lower courts to other stations as public interest may
require. Such temporary assignment shall not exceed six months without the
consent of the judge concerned.
(4) Order a change of venue or place of trial to avoid a miscarriage of
justice.
(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedure
for the speedy disposition of cases, shall be uniform for all courts of the same
grade, and shall not diminish, increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
(6) Appoint all officials and employees of the Judiciary in accordance with
the Civil Service Law.

∙ No law shall be passed increasing the appellate jurisdiction of the Supreme Court
as provided in the constitution without its advice and concurrence.

∙ In case the sentence is death, there is automatic review by the Court of Appeals
and ultimately by the Supreme Court. This is mandatory and neither the accused
not the courts may waive the right of appeal. In the case of the sentence of
reclusion perpetua or life imprisonment, however, although the Supreme Court
has the jurisdiction to review them, the review is not mandatory. Therefore,
review in this later cases may be waived and appeal may be withdrawn.

∙ Constitutional safeguards:
(1) SC is a constitutional body, it may not be abolished by the
 legislature. (2) Members of the SC are removable only by impeachment.
(3) SC may not be deprived of its minimum original and appellate
jurisdiction. While appellate jurisdiction may not be increased without
its advice and concurrence.
(4) SC has administrative supervision over all inferior courts and
personnel.
(5) SC has the exclusive power to discipline judges/justices of inferior
courts.
(6) Members of the judiciary have security of tenure.
(7) Members of the judiciary may not be designated to any agency
performing quasi-judicial or administrative functions.
(8) Salaries of judges may not be reduced, the judiciary enjoys fiscal
autonomy.
(9) The SC alone may initiate and promulgate the Rules of
Court. (10) The SC alone may order temporary detail of judges.
(11) The SC can appoint all officials and employees of the judiciary.

∙ The prohibition of the diminution of the salary of Justices and judges during their
continuance in office is intended as a protection for the independence of the
judiciary.
∙ The power of the Supreme Court to discipline judges of inferior courts or to order
their dismissal is exclusive. It may not be vested in any other body. Nor may
congress pass a law that judges of lower courts are removable only by
impeachment.

∙ Judicial Review
This is the power of the courts to test the validity of executive and
legislative acts in light of their conformity with the Constitution. This is not an
assertion of superiority by the courts over the other departments but merely an
expression of the supremacy of the Constitution.

∙ Judicial Power
It includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable and determine
whether or not there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or instrumentality.

∙ Functions of Judicial Power:

(1) Checking
(2) Legitimating
(3) Symbolic
(4) Teaching

∙ Requisites:
(1) Actual case or controversy
(2) Question may be raised by a proper party
(3) Raised at the earliest opportunity
(4) Decision of constitutional question is determinative of the case

itself ∙ A request for advisory opinion is not an actual case or controversy.

∙ Must not be moot and academic – one that ceases to present a husticiable
controversy by virtue of supervening events.
Exceptions to the rule on mootness:
(a) Grave violation of the constitution
(b) Exceptional character of the situation and paramount public
interest is involved
(c) Constitutional issues raised require formulation of principles to
 guide the bench, the bar and the public
(d) Case is capable of repetition yet evasive of review

∙ Proper Party – One who has sustained or is in imminent danger of sustaining an

injury as a result of the act complained of

∙ Locus Standi – a right of appearance in a court of justice on a given question

∙ Direct Injury Test – a person who impugns the validity of a statute must have a
personal and substantial interest in the case such that he has sustained or will
sustain direct injury as a result
Liberal approach:
(a) Constitutional issues
(b) Taxpayers – claim of illegal disbursement of public funds
(c) Voters – obvious interest in the validity of the election law
(d) Concerned citizens - transcendental importance
(e) Legislators – official action complained of infringes their
prerogatives as legislators

∙ Facial Challenge
- exception to the rule that a party can question the validity of a statute
only if as applied to him is unconstitutional. May be invoked only to challenge a
statute when it operates in the area of freedom of expression.

∙ Overbreadth Doctrine
- permits a party to challenge the validity of the statute eventhough, as
applied to him, it is not unconstitutional but may be to others.

∙ Void-for-Vagueness
- a law is facially invalid if men of common intelligence must necessarily
guess at its meaning and differ as to its application

∙ Types of Political Questions

(1) Decided by the people in their sovereign capacity
(a) Local Government Code, the power of recall – political
question of the first type (Evardone vs COMELEC)
(b) People’s revolution

(2) Full discretion is delegated to the Execuitve/Congress

(a) Calling-out power – unclouded intent of the constitution to
delegate such power to the president
(1) Does not tie the hand of the President
(2) Unless it can be shown that such power was gravely
abused, it shall not be subject to judicial review

∙ Randy David vs GMA

GMA used the “calling out power” to suppress lawless violence. Now
generally, this should remain a political question. However, it fell to the ambit of
expanded jurisdiction of the Supreme Court because the acts prohibited by GMA
clearly showed grave abuse of discretion. However, the blunder of the petitioners
is that they failed to show such grave abuse of discretion.

∙ Qualifications for Appointment to Judiciary

(1) Of proven competence, integrity, probity and independence
(2) Supreme Court
(a) Natural- born citizen
(b) At least 40 years of age
 (c) 15 years or more a judge of a lower court or engaged in the
practice of law in the Philippines
(3) Lower Collegiate court
(a) Natural-born citizen
(b) Member of the Philippine bar
(c) Congress may prescribe other qualifications
(4) Lower courts
(a) Citizen of the Philippines
(b) Member of the Philippine bar
(c) Congress may prescribe other qualifications

∙ Procedure for Appointment

(1) Appointment by the President of the Philippines from among a list of at
least three nominees prepared by the Judicial and Bar Council for
every vacancy the appointment shall need no confirmation.
(2) Any vacancy in the SC shall be filled within 90 days from the
occurrence thereof.
(3) For lower courts, the President shall issue the appointment within 90
days from submission by the JBC of such list.

∙ Judicial and Bar Council

∙ Recommend and screen judges
∙ In 1935 and 1973 constitutions, the role belonged to the Commission on
Appointments
∙ Composition
(1) Ex-officio members (does not require confirmation)
(a) Chief Justice - Chairman
(b) Secretary of Justice
(c) Representative of Congress
(2) Regular members (requires confirmation
(a) Representative of the IBP
(b) Professor of law
(c) Retired Justice of the SC
(d) Representative of private sector

∙ Appointment
Regular members appointed by the President for a term of four years with
the consent of Commission on Appointments.

∙ Powers/Functions
(1) Principal function of recommending appointees to the judiciary (2)
May exercise such other functions and duties as the SC may assign it

∙ The Supreme Court

∙ Composition
(1) A Chief Justice
(2) 14 Associate Justices

∙ May sit en banc or in its discretion, in divisions of 3, 5 or 7 members ∙

Any vacancy shall be filled within 90 days from occurrence thereof

∙ En banc/Division cases
(1) En banc
(a) All cases involving the constitutionality of treaty, international or
executive agreement or law
 (b) Constitutionality, application or operation of presidential
decrees, proclamations, orders, instructions, ordinances and other
regulations

(2) Division
∙ Other cases or matters may be heard in division and decided or
resolved with the concurrence of a majority of the members who
actually took part in the deliberations on the issues and voted
thereon, but in no case without the concurrence of at least 3
such members.
∙ Powers

(1) Adjudicative Power

(a) Original jurisdiction
(1) Cases affecting ambassadors, other public ministers and
consuls
(2) Petitions for certiorari, prohibition, mandamus, quo
warranto and habeas corpus

(b) Appellate jurisdiction

(1) All cases in which the constitutionality or validity of any
treaty, international or executive agreement. Law, presidential
decree, proclamation, order, instruction, ordinance or regulation is
in question
(2) All cases involving the legality of any tax, impost,
assessment or toll, or any penalty imposed in relation thereto (3)
All cases in which the jurisdiction of any lower court is in issue
(4) All criminal cases in which the penalty imposed is
reclusion perpetua or higher
(5) All cases in which only an error or question of law is
involved

(2) Temporary Assignment of Judges

∙ Assignment shall not exceed six months without the consent of
the judge concerned

(3) Rule-Making Power

∙ Promulgate rules concerning the protection and enforcement of
constitutional rights pleading, practice and procedure in all
courts, the admission to the practice of law, the IBP and legal
assistance to the underprivileges (Rules of Court, Legal Ethics,
Writs, MCLE)

∙ Limitations
(a) Provide a simplified and inexpensive procedure for the
speedy disposition of case
(b) Must be uniform for all courts of the same grade
(c) Must not diminish, increase or modify substantive rights

∙ Integrated Bar – State-organized bar to which every lawyer must

belong as distinguished from a bar association organized by
individual lawyers themselves, membership in which is voluntary

(4) Writ of Amparo

∙ Effective and inexpensive instrument for the protection of

constitutional rights. Of Mexican origin and spread throughout
the Western Hemisphere where it gradually evolved into various
 forms, depending on the particular needs of each country.

∙ Available to any person whose right to life, liberty and security is

violated or threatened with violation by an unlawful act or
omissions of a public officer or employee, or of a private
individual or entity.

∙ Section 14 of the Rule allows the grant by the court of interim

reliefs, which may either be a temporary protection order,
inspection order, production order or a witness protection order.
∙ No writ of amparo may be issued unless there is a clear allegation
of the supposed factual and legal basis of the right sought to be
protected.

∙ Shall not issue when applied for a substitute for the appeal or
certiorari process or when it will inordinately interfere with these
processes

(5) Writ of Habeas Data

∙ Independent remedy to protect the right to privacy, especially the right

to informational privacy

∙ Remedy available to any person whose right to life, liberty and

security is violated or threatened with violation by an unlawful act or
omissions of a public officer or employee, or of a private individual
or entity engaged in the gathering, collecting or storing of data or
information regarding the person, family, honor and
correspondence of the aggrieved party

(6) Power of Appointment

∙ SC appoints all officials and employees of the judiciary in accordance

with the Civil Service Law.

(7) Power of Administrative Supervision

∙ SC shall have administrative supervision over all courts and the

personnel thereof.

(8) Annual Report

∙ SC shall submit within 30 days from the opening of each regular

session of Congress, to the President and to Congress an annual
report on the operation and activities of the judiciary.

∙ Consultation/Decisions of SC

(a) Conclusion in any case submitted to it for decision shall be reached in

the consultation before the case is assigned to a member for the
writing of the opinion of the court. A certification to this effect signed
by the Chief Justice shall be issued.

(b) Decision shall state clearly and distinctly the facts and the law on
which it is based.
∙ Not applicable to minute resolution dismissing a petition for
habeas corpus, certiorari or mandamus, provided a legal
 basis is given
∙ Not applicable to administrative cases
∙ Memorandum decisions
∙ Valid as it adopts by reference the findings of fact and
conclusions of law contained in the decision of inferior
tribunals
∙ On the ground of expediency, practicality, convenience and
docket status of the courts
∙ It cannot incorporate findings of fact and the conclusions of
the law by lower courts only by means of remote
reference which is to say that the challenged decision is
not easily and immediately available to the person
reading the memorandum decision.
∙ Memorandum should actually embody the findings of facts
and conclusions of law of the lower court in an
annex attached to and made an indispensable part of the
decision.

(c) No petition for review or motion for reconsideration shall be refused

due course or denied without stating the legal basis therefor.

∙ Tenure of Judges/Justices

(1) SC justices may be removed only by impeachment.

(2) Lower court judges shall hold office during good behavior until they
reached the age of 70 years or become incapacitated to discharge the
duties of their office.
(a) SC en banc shall have the power to discipline judges of lower
courts or order their dismissal by a vote of a majority of the
members who actually took part in the deliberations on
the issues and voted thereon.
(b) No law shall be passed reorganizing the judiciary when it
undermines the security of tenure of its members.

∙ Salaries

∙ Fixed by law, may not be increased during their continuance in office ∙

Periods for Decision

(1) All cases filed after the effectivity of the constitution must be decided or
resolved from date of submission within
- SC : 24 months
- Lower collegiate courts : 12 months
- All lower courts : 3 months
(2) Despite expiration of the mandatory period, the court, without prejudice
to such responsibility as may have been incurred in consequence
thereof, shall decide or resolve the case or matter submitted to it
without further delay.
- The court does not lose jurisdiction over the case despite the
lapses of the mandatory period, but the erring judge or
justice may be subjected to administrative sanctions for the
delay.

ARTICLE IX
CONSTITUTIONAL COMMISSIONS
 1935 1973 1987
COMELEC COMELEC COA COMELEC COA
General Auditing Office CSC CSC
∙ The independent constitutional commissions are:
(1) Civil Service Commission
(2) COMELEC
(3) Commission on Audit

∙ Safeguards ensuring the independence of Commissions:

(1) They are constitutionally created; may not be abolished by
statute. (2) Independent
(3) Conferred with powers which cannot be reduced by statute
(4) Chairmen and members may not be removed except by
Impeachment (5) Fairly long term – 7 years
(6) Chairmen and members may not be reappointed or appointed in an
acting capacity
(7) Salaries relatively high, may not be decreased during continuance in
office
(8) Fiscal autonomy
(9) May promulgate its own procedural rules, provided they do not
diminish, increase, modify substantive rights (though subject to
disapproval by SC)
(10) Chairmen and members subject to certain disqualifications
(11) May appoint their own officials/employees in accordance with civil
service laws

∙ Inhibitions/Disqualification
They shall not, during tenure:
(1) Hold any other office / employment
(2) Engage in practice of any profession
(3) Engage in active management / control of any business which in any
way be affected by the functions of his office
(4) Be financially interested in any contract with, or in any franchise /
privilege granted by the government / subdivisions / agencies

∙ Decisions
(1) Shall be by majority vote of all its members and decided within 60 days
from the date of submission for decision (if it is a case) or resolution (if
it is a matter)
(2) Any decision, order or ruling of each commission may be brought to
SC on certiorari by the aggrieved party within 30 days from receipt of a
copy thereof

∙ Final decisions of the CSC are enforceable by writ of execution that the CSC may
itself issue.

A. Civil Service Commission

∙ Composition: Chairman and 2 commissioners

∙ Qualifications:
(1) Natural born citizens
(2) At least 35 years old at the time of appointment
(3) Proven capacity for public administration
(4) Must not have been candidates for any elective position in the lection
immediately preceding appointment
(5) Appointed by the president with consent of Commission on
 Appointments for a term of 7 years without reappointment
(6) In no case shall any member be appointed or designated in a
temporary or acting capacity

∙ Constitutional Objectives / Functions as the central personnel agency of the

government:
(1) To establish a career service and adopt measures to promote morale,
efficiency, integrity, responsiveness, progressiveness and courtesy in
the civil service
(2) To strengthen the merit and rewards system, integrate all human
resources development programs for all levels and ranks and to
institutionalize a management climate conducive to public
accountability

∙ The CSC enjoys a wide latitude of discretion and may not be compelled by
mandamus to issue such eligibility.

∙ Under the Administrative Code of 1987, the CSC has the power to hear and decide
administrative cases instituted before it directly or on appeal, including contested
appointments. The Omnibus Rules implementing the Administrative Code
provides, among others, that notwithstanding the initial approval of an
appointment, the same may be recalled for violation of other existing civil service
laws, rules and regulations. The power of CSC includes the authority to recall an
appointment initially approved in disregard of applicable provisions of the civil
service laws and regulations. (Mathay vs CSC)

∙ Commission has original jurisdiction to hear and decide a complaint for cheating in
the civil service examinations committed by government employees. The fact
that the complaint was filed by the CSC itself does not mean that it cannot be an
impartial judge. (Cruz vs CSC)

∙ No appellate jurisdiction in case of separation from government service

∙ Scope of Civil Service : All branches, subdivisions, instrumentalities and agencies

of the government including GOCC with original charter

∙ Classes of Services

A. Career Service

∙ Characterized by entrance based on merit and fitness to be determined as

far as practicable by competitive examinations, or based on highly
technical qualifications;
∙ Opportunity for advancement to higher career positions, and security of
tenure

∙ Positions included in career service

(1) Open career position 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, e.g., undersecretaries, bureau
directors, etc.
(4) Career officers ( other than those belonging to the career
executive service) who are appointed by the president, e.g.,
those in foreign service
(5) Positions in the AFP, although governed by separate merit
 system
(6) Personnel of GOCC with original charters
(7) Permanent laborers whether skilled, semi-skilled, or unskilled

∙ Security of tenure in the career executive service, requisites:

(1) Career executive service eligibility
(2) Appointment to the appropriate career executive service rank

∙ It must be stressed that the security of tenure of the employees in the career
executive service (except first and second level employees in the civil
service) pertains only to rank and not to the office or to the position to
which they may have been appointed. Thus, a career executive officer
may be transferred or reassigned from one position to another without
losing his rank which follows him wherever he is transferred or reassigned.

B. Non-Career Service

∙ Characterized by:
(1) Entrance on bases other than those of the usual tests utilized
for the career service
(2) Tenure limited to that specified by law or which is coterminous
with that of the appointing authority or subject to his pleasure, or (3)
Which is limited to duration of a project for which purpose the
employment was made

∙ Officers and employees embraced in non-career service:

(1) Elective officials
(2) Department head and officials of cabinet rank who hold office at
the pleasure of the president, and their personal and
confidential staff
(3) Chairmen and members of commissions and boards with fixed
term of office
(4) Contractual personnel or those whose employment in the
government is in accordance with a special contract to
undertake a specific work or job requiring special or technical
skills not available in the employing agency, to be accomplished
within a specific period not exceeding one year, under their own
responsibility with the minimum direction and supervision
(5) Emergency and seasonal personnel

∙ Appointment in the Civil Service

- 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

∙ Permanent appointment can issue only to a person who possesses all the
requirements for the position to which he is appointed. As exception to this
rule is where, in the absence of appropriate eligibles, he or she may be
appointed temporarily for a period of 12 months.

∙ Exemption from competitive examination

(1) Policy determining – where the officer lays down principal or
fundamental guidelines or rules or formulates method of action for
government or any of its subdivisions, e.g., department head
(2) 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 the
 state, or one declared to be so by the president upon recommendation
of CSC
(3) Highly technical – requires possession of technical skills or training in a
superior degree, e.g., PNB legal counsel

∙ Discretion of Appointing Authority

- Appointing authority has the right of choice which he may exercise freely
according to his best judgment, deciding for himself who is best qualified among
those “eligibles”. Final choice of appointing authority should be respected and left
undisturbed.

∙ Role of CSC
Check if the appointee possesses the qualifications and appropriate
eligibility. If he does, his appointment is approved; it is not, if disapproved. The
committees work is recommendatory and does not fix a stringent formula
regarding the mode of choosing from among the candidates.

∙ Disqualifications
(1) No candidate who has lost in any election shall, within one year after
such, be appointed in any office in the government / GOCC.
(2) No elective official shall be eligible for appointment or designation in
any capacity to any public office or position during his tenure.
(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,
instrumentality, including GOCC / subsidiary.

∙ Security of tenure

∙ No officer or employee of the civil service shall be removed or suspended

except for cause provided by law.

∙ Unconsented transfer of the officer, resulting in demotion in rank or salary, is a

violation of the security of tenure clause in the Constitution.

∙ When an employee is legally dismissed, and his reinstatement is later ordered

by the court, for all legal intents and purposes he is considered as not having
left his office, and notwithstanding the silence of the decision, he is entitled to
backwages. (Del Castillo vs CSC)

∙ Security of tenure in Career Executive Service pertains to rank, not to the

position to which the employee may be appointed. (General vs Roco)

∙ Reorganization of office does not necessarily result in abolition of the office, and
does not justify the replacement of permanent officers and employees. But
where, as a result of the reorganization, employees where effectively
demoted by their assignment to positions lower than those they previously
held, there is violation of security of tenure, and CSC may order
reinstatement.
∙ Under the Rules of Court, a career service officer unlawfully ousted from his
office has one year to file an action in court to recover his office, otherwise it
prescribes.

∙ Partisan Political Activity

No officer or employee in the civil service shall engage, in any
electioneering or partisan political campaign.
 ∙ The civil service law prohibits engaging directly or indirectly in any partisan
political activity or taking part in any election except to vote, or use official
authority to coerce the political activity of any person or body. But this
does not prevent expression on views on current political issues, or
mention the names of the candidates for public office whom the public
officer supports.

∙ Military is covered by this provision.

∙ Exempt from this provision are the members of the cabinet and public
officers and employees holding political offices (who are allowed to take
part in political and electoral activities, except to solicit contributions from
their subordinates or commit acts prohibited under Election Code).

∙ Right to Self-Organization
This right shall not be denied to government employees. But they may not
engage in strikes to demand changes in the terms and conditions of their
employment.

∙ Protection to Temporary Employees

Temporary employees shall be given such protection as may be provided
by law.

∙ Standardization of Compensation
Congress shall provide for standardization of compensation of government
officials and employees, including those in GOCC with original charters, taking
into account the nature of responsibilities pertaining to and the qualifications
required for their position.

∙ Double Compensation
No elective or appointive public officer or employee shall receive
additional, double, or indirect compensation unless specifically authorized by law,
nor accept without the consent of congress, any present emoluments, office or
title of any kind from any foreign government. Pensions and gratuities shall not
be considered as additional, double or indirect compensation.

∙ Oath of Allegiance
All public officers / employees shall take an oath or affirmation to uphold or
defend the Constitution.
B. Commission on Elections

∙ Composition: Chairman and 6 commissioners

(1) Natural born citizen
(2) At least 35 years old
(3) Holders of college degree
(4) Have not been candidates in the immediately preceding election (5)
Majority, including the chairman, must be members of the Philippine bar
who have been engaged in the practice of law for at least ten years (6)
They shall be appointed by the president with the consent of the CA for a
term of 7 years without reappointment. No member shall be appointed or
 designated in a temporary or acting capacity,

∙ En Banc and Division cases

It may sit en banc or in two divisions, and shall promulgate its rules of
procedures in order to expedite disposition of election cases, including pre
proclamation controversies. All such election cases shall be heard and decided
in division, provided that motions for reconsideration shall be decided en banc.

∙ Division cases (Quasi-judicial or adjudicatory functions

(1) All election cases including pre-proclamation contests, originally
cognizable by the Commission in the exercise of its powers under
section 2 (2), Article IXC of the Constitution
(2) Over petition to cancel a certificate of candidacy
(3) Cases appealed from RTC or MTC
(4) Petition for certiorari filed with the commission from a decision of the
RTC or MTC

∙ En Banc (Administrative)
(1) Promulgation of rules concerning pleading and practice before it but
they must not diminish, increase or modify substantive rights
(2) Petition for correction of manifest errors since it alleges an erroneous
copying of figures from the election return to the statement of votes by
precinct. Such error which merely requires a clerical correction without
opening the ballot boxes or examining the ballots demands only the
exercise of administrative powers of the COMELEC
(3) Manifest errors in tabulation or tallying of results
(4) Prosecution of violation of election laws
(5) Power to declare failure of elections

∙ Only decisions of COMELEC en banc are reviewable by the Supreme Court.

∙ Constitutional Powers and Functions

(1) Enforce and administer all laws and regulations relative to the conduct
of an election, plebiscite, initiative, referendum or recall
(2) (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.
(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.
(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.
(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 candidates.
(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.

∙ Initiative – power of people to propose amendments to the constitution or to prose

and enact legislation through as election
(1) Initiative on the Constitution
(2) Initiative on statutes
(3) Initiative on local legislation

∙ Referendum – power of electorate to approve or reject legislation through an

election called for the purpose
(1) Referendum on statutes
(2) Referendum on local laws

∙ Recall – termination of official relationship of local elective official for loss of

confidence prior to the expiration of his term through the will of the electorate
∙ Plebiscite – submission of constitutional amendments or important legislative
measures to the people for ratification

∙ Statutory Powers
Exercise supervision or control over officials required to perform duties
relative to the conduct of election, promulgate rules and regulations, punish
contempt, inquire into financial records of candidates, groups, etc., prescribe
forms to be used in elections, procure supplies and materials needed for the
election, enlist non-partisan groups to assist it, fix period for the pre-election
requirements, etc.
(1) Power to declare failure of election; call foe special elections
(2) Exclusive original jurisdiction over all pre-proclamation controversies

∙ Party-list System
A free and open party-list system shall be allowed to evolve according to
the free choice of the people.

∙ Election period
 Unless otherwise fixed by the Commission in special cases, shall
commence 90 days before the day of the election and shall end 30 days
thereafter.

∙ Judicial Review of COMELEC Decisions

A petition for certiorari under Rule 65 of the Rules of Court, filed with the
Supreme Court within 30 days from receipt of a copy of final order, or decision of
the Commission en banc

C. Commission on Audit

∙ Composition: Chairman and two commissioners

(1) Natural born citizen
(2) At least 35 years of age
(3) CPAs with not less than ten years of auditing experience or member of
the Philippine bar with at least ten years of practice of law
(4) Must not have been candidates in the election immediately preceding
the appointment
(5) At no time shall all members belong to the same profession
(6) Appointed by the president with CA consent for a term of 7 years
without reappointment

∙ Section 2. (1) 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. However, where 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. It shall keep the general
accounts of the Government and, for such period as may be provided by law,
preserve the vouchers and other supporting papers pertaining thereto. (2) The
Commission shall have exclusive authority, subject to the limitations in this
Article, to define the scope of its audit and examination, establish the techniques
and methods required therefor, and 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. (Article IX-D)

∙ Section 3. 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. (Article IX-D)

∙ COA has the authority to investigate whether directors, officials or employees of

GOCCs receiving additional allowances and bonuses are entitled to such
benefits under applicable laws.