1

ROTATIONAL SCHEME OF APPOINTMENTS

CONSTITUTIONAL COMMISSIONS
This scheme provides that the first appointees shall serve terms of 7, 5 and 3 years,
respectively. “There appears to be near unanimity as to the purpose/s of the
Independent Constitutional Commissions: rotational system, as originally conceived, i.e., to place in the commission a new
appointee at a fixed interval (every two years presently), thus preventing a four-
1) Civil Service Commission (CSC) year administration appointing more than one permanent and regular
2) Commission on Elections (COMELEC) commissioner, or to borrow from Commissioner Monsod of the 1986 CONCOM,
3) Commission on Audit (COA) „to prevent one person (the President of the Philippines) from dominating the
commissions‟” (Funa v. Chairman of COA, G.R. No. 192791, April 24, 2012)
Why Independent?
Where the Rotational Scheme Applies:
They perform vital functions of government. Their integrity is protected by the • Civil Service Commission (CSC)
fact that they: • Commission on Elections (COMELEC)
• Commission on Audit (COA)
1) Are constitutionally created (Sec. 1) • Judicial and Bar Council (JBC)
2) Have independent powers of appointment (Sec. 4)
3) Each Commission may promulgate its own procedural rules (Sec. 6)
4) Fiscal autonomy (Sec. 5)
5) Salaries may not be diminished during their office (Sec. 3) Promotional Appointment of Commissioner to Chairman
6) Commissioners have a fixed term
7) Commissioners are removable by impeachment only. Article IX-D, Sec. 1(2) does not prohibit a promotional appointment from
commissioner to chairman as long as:

(a) The commissioner has not served the full term of 7 years; and
Section 2. DISQUALIFICATIONS (b) The appointment to any vacancy shall be only for the unexpired portion of the
term of the predecessor. (PHIL. CONST. art. IXD, Sec. § 1(2))
Members cannot (ABSOLUTE PROHIBITION –like the cabinet), during (c) The promotional appointment must conform to the rotational plan or the
their tenure: staggering of terms in the commission membership.

1) Hold any other office or employment;

---they cannot hold even temporary appointment
Rule on Appointment to Vacancies:
2) Engage in the practice of any profession; Appointments to vacancies resulting from certain causes (death, resignation,
disability or impeachment) shall only be for the unexpired portion of the term of
3) Engage in the active management or control of any business, which, in any the predecessor; such appointments cannot be less than the unexpired portion [as it
way, may be affected by the functions of their office; and will disrupt the staggering].
--- they can be have active management or control of any business as long as not
those which affects the functions of their office. Members of Commission who served Full Term:
Members of the Commission who were appointed for a full term of seven years
4) Be financially interested, direct or indirect, in any contract, franchise, and who served the entire period, are barred from reappointment to any position in
privilege granted by the government, any of its subdivisions, agencies, the Commission. The first appointees in the Commission under the Constitution
instrumentalities, including GOCC's and their subsidiaries. are also covered by the prohibition against reappointment.

4blue 95 notes: The Ombudsman and his deputies are subject to the same Eligibility for Appointment as Chairman of Commissioner who resigns:
qualifications A commissioner who resigns after serving in the Commission for less than seven
years is eligible for an appointment as Chairman for the unexpired portion of the
4BLUE95.Decision may be executed pending appeal term of the departing chairman. Such appointment is not covered by the ban on
reappointment, provided that the aggregate period of the length of service will not
4BLUE95.Exoneration of officers or employees from administrative charges does exceed seven (7) years and provided further that the vacancy in the position of
not bar appeal. The CSC is the proper party to bring the appeal (PD 807, §37- 39); Chairman resulted from death, resignation, disability or removal by impeachment.
(CSC v. Dacoycoy, G.R. No. 135805, April 29, 1999). This is not a reappointment, but effectively a new appointment.

2022. Enforcement - It has been held that the CSC can issue a writ of execution to
enforce judgments, which is deemed final. Rule on Temporary Appointments:
Any member of the Commission cannot be appointed or designated in a temporary
st
2022 notes:Rotational Scheme: terms of 1 3 commissioners start on same date or acting capacity.
and that any vacancy should be filled in for unexpired term.

RULES OF PROCEDURE
FISCAL AUTONOMY
Procedures:
Fiscal autonomy means that there is automatic and regular release as opposed to
the fiscal autonomy of the judiciary, which includes the rule that appropriation 1) Rules: The Commissions may promulgate its own rules EN BANC.
may not be less than the previous year. 2) Limitation: It shall not:
a) Diminish,
b) Increase, or
SALARIES c) Modify substantive rights.

1) Salaries are fixed by law and shall not be decreased during their TENURE. 3) Power of SC
2) Decreases in salaries only affect those members appointed AFTER increase.
3) Incumbent members do not lose any salary. a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove
4) Increases take effect IMMEDIATELY. rules of "special courts and quasi-judicial bodies."
b). In proceedings before the Commissions, the rules of the Commission prevail.
c). In proceedings before a court, the Rules of Court prevail.
d). The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW
ENFORCEMENT:

It has been held that the CSC can issue a writ of execution to enforce judgments Appeals:
which are final. 1) Decisions, orders or rulings of the COMELEC/COA may be brought on
certiorari to the SC under Rule 65.
2) Decisions, orders or ruling of the CSC should be appealed to the CA under Rule
43.
 2

DECISION MAKING/APPEAL COMMISSION ON AUDIT

Decision-Making: Q: The Department of National Defense entered into a contract with Raintree Corporation
for the supply of ponchos to the Armed Forces of the Philippines (AFP), stipulating that,
Each commission shall decide matter or cases by a majority vote of all the in the event of breach, action may be filed in the proper courts in Manila. Suppose the
AFP fails to pay for delivered ponchos, where must Raintree Corporation file its claim?
members within 60 days from submission.
Why? (1998 BAR)
 COMELEC may sit en banc or in 2 divisions. A: Raintree Corporation must file its claim with the Commission on Audit, Under Section
 Election cases, including pre-proclamation controversies are 2(1) IXD of the Constitution, the Commission on Audit has the authority to settle all
decided in division, with motions for reconsideration filed to accounts pertaining to expenditure of public funds. Raintree Corporation cannot file a
the COMELEC en banc. case in court. The Republic of the Philippines did not waive its immunity from suit when
 The SC has held that a majority decision decided by a it entered into the contract with Raintree Corporation for the supply of ponchos for the
division of the COMELEC is a valid decision. use of the Armed Forces of the Philippines. The contract involves the defense of the
Philippines and therefore relates to a sovereign function. In United States v. Ruiz, 136
As COLLEGIAL BODIES, each commission must act as one, and no one member SCRA 487, 492, the Supreme Court held: "The restrictive application of State immunity
can decide a case for the entire commission. (i.e. The Chairman cannot ratify a is proper only when the proceedings arise out of commercial transactions of the foreign
decision which would otherwise have been void). sovereign. Stated differently, a State may be said to have descended to the level of an
individual and can thus be deemed to have tacitly given its consent to be sued only when
it enters into business contracts. It does not apply where the contract relates to the
exercise of its sovereign functions. In this case the projects are an integral part of the
naval base which is devoted to the defense of both the United States and the Philippines,
indisputably a function of the government of the highest order; they are not utilized for
nor dedicated to commercial or business purposes." The provision for venue in the
Q: Professor Masipag who holds a plantilla or regular item in the University of the contract does not constitute a waiver of the State Immunity from suit, because the express
Philippines (UP) is appointed as an Executive Assistant in the Court of Appeals (CA). waiver of this immunity can only be made by a statute. In Republic v. Purisima 78 SCRA
The professor is considered only on leave of absence in UP while he reports for work at 470, 474, the Supreme Court ruled: "Apparently respondent Judge was misled by the
the CA which shall pay him the salary of the Executive Assistant. The appointment to the terms of the contract between the private respondent, plaintiff in his sala and defendant
CA position was questioned, but Professor Masipag countered that he will not collect the Rice and Corn Administration which, according to him, anticipated the case of a breach
salary for both positions; hence, he can not be accused of receiving double compensation. of contract between the parties and the suits that may thereafter arise. The consent, to be
Is the argument of the professor valid? Explain. (2015 BAR) effective though, must come from the State acting through a duly enacted statute as
A: Although Professor Masipag is correct in saying that “he cannot be accused of pointed out by Justice Bengzon in Mobil."
receiving double compensation” as he would not actually be receiving additional or
double compensation, it is submitted that he may nevertheless not be allowed to accept ALTERNATIVE ANSWER: In accordance with the doctrine of exhaustion of
the position of Executive Assistant of the Court of Appeals during his incumbency as a administrative remedies, Raintree Corporation should first file a claim with the
regular employee of the University of the Philippines, as the former would be an Commission on Audit. If the claim is denied, it should file a petition for certiorari with
incompatible office not allowed to be concurrently held by him under the provisions of the Supreme Court.
Article IX-B, Section 7 of the Constitution, the second paragraph of which species that
“unless otherwise allowed by law or by the primary functions of his position, no Q: The Philippine National Bank was then one of the leading government-owned banks
appointive official shall hold any other office in the Government.” and it was under the audit jurisdiction of the Commission on Audit (COA). A few years
ago, it was privatized. What is the effect, if any, of the privatization of PNB on the audit
Q: The President appoints Emilio Melchor as Chairperson of the Civil Service Jurisdiction of the COA? (2001 BAR)
Commission. Upon confirmation of Melchor's appointment, the President issues an A: In accordance with the ruling in Philippine Airlines v. COA, 245 SCRA 39, since the
executive order including him as Ex-Officio member of the Board of Trustees of the Philippine National Bank is no longer owned by the Government, the Commission on
Government Service Insurance System (GSIS), Employees Compensation Commission Audit no longer has jurisdiction to audit it as an institution. Under Section 2(2), Article
(ECC), and the Board of Directors of the Philippine Health Insurance Corporation IX-D of the Constitution, it is government-owned or controlled corporations and their
(PHILHEALTH). Allegedly, this is based on the Administrative Code of 1997 (E.O. No. subsidiaries which are subject to audit by the Commission on Audit. However, in
292), particularly Section 14, Chapter 3, Title I-A, Book V. This provision reads: "The accordance with Section 2(1), Article IXD of the Constitution, the Commission on Audit
chairman of the CSC shall be a member of the Board of Directors of other governing can audit the Philippine National Bank with respect to its accounts because the
bodies of government entities whose functions affect the career development, Government still has equity in it.
employment, status, rights, privileges, and welfare of government officials and
employees... " A taxpayer questions the designation of Melchor as ex- officio member of Q: Towards the end of the year, the Commission on Audit (COA) sought the remainder
the said corporations before the Supreme Court based on two (2) grounds, to wit: (1) it of its appropriation from the Department of Budget and Management (DBM). However,
violates the constitutional prohibition on members of the Constitutional Commissions to the DBM refused because the COA had not yet submitted a report on the expenditures
hold any other office or employment during his tenure; and (2) it impairs the relative to the earlier amount released to it. And, pursuant to the “no report, no release”
independence of the CSC. Will the petition prosper? Explain (2015 BAR) policy of the DBM, COA is not entitled to any further releases in the meantime. COA
A: The petition will prosper. It is a clear violation of the special prohibition in Section 2 counters that such a policy contravenes the guaranty of fiscal autonomy granted by the
of Article IX-A of the Constitution, which strictly provides that he shall not hold any Constitution. Is COA entitled to receive the rest of its appropriations even without
other office or employment during his tenure. The aforesaid provision does not make any complying with the DBM policy? (2014 BAR)
distinction among the offices he may not hold, or as to whether or not the functions A: YES. COA is entitled to the rest of its appropriations even without complying with the
attached to said offices would be primarily related to his duties as Chairperson of the DBM policy. That the no report, no release policy may not be validly enforced against
Civil Service Commission and therefore may be held in an ex officio capacity. offices vested with fiscal autonomy is not disputed. Indeed, such policy cannot be
Additionally, the offices mentioned are vested by their charters with various powers and enforced against offices possessing fiscal autonomy without violating Article IX (A),
functions to carry out the purposes for which they were created. These powers and Section 5 of the Constitution which provides: “Sec. 5. The Commission shall enjoy fiscal
functions, whether personnel-related or not, are carried out and exercised by the autonomy. Their approved appropriations shall be automatically and regularly released.”
respective Boards of the GSIS, PHILHEALTH, ECC, and HDMF. Thus, when the CSC (CSC v. Department of Budget and Management, July 22, 2005)
Chairman sits as a member of the governing board of the said offices, he may exercise
these powers and functions, which are not anymore derived from his position as CSC Q: The Congress establishes by law Philippine Funds, Inc., a private corporation, to
Chairman. Corollarily, the designation as member of the governing Boards of the said receive foreign donations coming from abroad during Political Law 48 national and local
offices entitles him to receive per diem, a form of additional compensation that is calamities and disasters, and to enable the unhampered and speedy disbursements of the
disallowed by the concept of ex officio position by virtue of its clear contravention of the donations through the mere action of its Board of Directors. Thereby, delays in the
proscription set by Section 2, Article IX-A of the 1987 Constitution. It is release of the donated funds occasioned by the stringent rules of procurement would be
unconstitutional, for it goes against the principle behind an ex officio position. Apart avoided. Also, the releases would not come under the jurisdiction of the Commission on
from violating the prohibition against holding multiple offices, the designation of the Audit (COA). Can the Congress pass the law that would exempt the foreign grants from
CSC Chairman as member of the governing boards of GSIS, PHILHEALTH, ECC, and the jurisdiction of the COA? Explain your answer. (2017 BAR)
HDMF impairs the independence of the CSC. Under Section 17, Article VII of the A: Congress cannot exempt the foreign grants from the jurisdiction of the Commission on
Constitution, the President exercises control over all government offices in the Executive Audit. Its jurisdiction extends to all government-owned or controlled corporations,
Branch. An office that is legally not under the control of the President is not part of the including those funded by donations through the Government. (Art IX-D, Sec. 3 of the
Executive Branch. (Funa v. The Chairman, Civil Service Commission, G.R. No. 191672, 1987 Philippine Constitution; and Petitioner Corporation v. Executive Secretary, G.R.
November 25, 2014) Nos. 147036-37 & 147811, April 10, 2012, 269 SCRA 49)
 3

THE COMMISSION ON AUDIT

Composition: POWERS
Chairman, and
Commissioners (2). 1) Examine, audit, and settle accounts pertaining to:
A. Revenue and receipts of funds or property; or
Qualifications: B. Expenditures and uses of funds or property
1) Natural-born citizens of the Philippines
2) At least 36 years old at the time of their appointment; Owned or held in trust by, or pertain to:
3) Either: A. The Government;
a). CPA‟s with at least 10 years auditing experience; or B. Any of its subdivisions, agencies or instrumentalities;
b). Members of Phil. Bar with 10 years of practice. C. Including GOCC‟s with original charters.
4) Members cannot all belong to the same profession.
5) Subject to confirmation of the CA.
6) Must not have been candidates for any elective position in the elections 2) Conduct post-audit with respect to the following:
immediately preceding their appointment.
A. Constitutional bodies, commissions, and offices granted fiscal
Term: autonomy;
1) Chairman -7 yrs; Commissioner1 -5yrs; Commissioner - 2 -3 yrs. B. Autonomous state colleges and universities;
2) LIMITATION: - Single terms only; no re-appointment allowed C. GOCC‟s and their subsidiaries incorporated under the
3) Appointments to any vacancy shall only be for the unexpired portion of Corporation Code.
predecessor‟s term D. None-governmental entities receiving subsidies or equity,
directly or indirectly, from or through the government, which
are required by law of the granting of institution to submit to
such audit.

2022 notes: a 20% ownership in SMC(which is a private corporation), is a

small percentage ,so it is not subject to COA‟s audit.

3) If COA finds internal control system of audited agencies as inadequate,

COA may adopt measures, including temporary or special pre-audit, as may
2024 BAR MATTER Note: be necessary.

1) The functions of COA can be classified as: 4) Keep the general accounts of the government, preserving vouchers and
other supporting papers pertaining thereto.
A. Examine and audit all forms of government revenues;
B. Examine and audit all forms of gov‟t expenditures 5) Exclusive authority to define the scope of COA‟s audit and examination
C. Settle gov‟t accounts and to establish the techniques and methods required therefor.
D. Promulgate accounting and auditing rules (including those for
the prevention of irregular…expenditures. 6) Promulgate accounting and auditing rules and regulations.
E. To decide administrative cases involving expenditures of
public funds. A. Including those for the prevention or disallowance of
irregular, unnecessary, excessive, extravagant, or
2) COA can settle only LIQUIDATED ACCOUNTS or those accounts which unconscionable expenditures or uses of government funds
may be adjusted simply by arithmetic process. and properties.
B. Failure to comply with these rules can be a ground for
3) COA has authority not just over accountable officers but also over other disapproving the payment of a proposed expenditure.
officers who perform functions related to accounting such as verification of
evaluations and computation of fees collectible, and the adoption of internal
rules of control. 4BLUE95. Funds cannot be released without auditing in preaudit while in post-
audit, the auditing is done only after the funds are released. (Maritime Industry
4) COA does not have the power to fix the amount of an unfixed or Authority v. Commission on Audit, G.R. No. 185812, Jan. 13, 2015)
undetermined debt.

5) Where the following requirements are complied with, it becomes the

ministerial duty of the COA to approve and pass in audit vouchers for Section 3. No law shall be passed exempting any entity of the Government or
payment: its subsidiary in any guise whatever, or any investment of public funds, from
A. There is a law appropriating funds for a particular purpose; the jurisdiction of the Commission on Audit.
B. There is a contract, made by the proper officer, entered into in
conformity with the above-mentioned law;
C. The goods or services covered by such contract have been
delivered or rendered in pursuance to such contract, as
attested by the proper officer; and
D. Payment has been authorized by officials of the
corresponding department or bureau.

6) Prosecutors may still review accounts already settled and approved by COA
for the purpose of determining possible criminal liability. This is because
COA‟s interest in such accounts is merely administrative.

7) COA has the power to determine the meaning of „public bidding‟ and what
constitutes failure when regulations require public bidding for the sale of
government property.
 4

THE COMMISSION ON ELECTIONS RULES OF PROCEDURE/DECISION-MAKING

Rules of Procedure

1) COMELEC can sit en banc or in two divisions

COMPOSITION/QUALIFICATIONS/TERM 2) It has the power to promulgate its own rules of procedure in order to
expedite disposition of election cases, including pre-election controversies.
Composition: (7)
Decision-Making
1)Chairman and
2)Commissioners (6) 1) Election cases should be heard and decided in division. Provided that,
2) Motions for reconsideration of decisions should be decided by COMELEC en
Qualifications: banc.
3) ”Decisions” mean resolutions on substantive issues.
1) Natural-born citizens of the Philippines; 1) If a division dismisses a case for failure of counsel to appear, the Motion
2) At least 35 years old at the time of appointment for Reconsideration here may be heard by the division.
3) Holders of college degrees; and 2) EXCEPTION: COMELEC en banc may directly assume jurisdiction over a
4) Not candidates for any elective position in the immediately preceding elections. petition to correct manifest errors in the tallying of results by Board of
5) Majority of the Commission, including the Chairman must be: Canvassers.
a). Members of the Philippines Bar
b). Engaged in the practice of law for at least 10 years: “any activity
in or out of court, which requires the application of law, legal
procedure, knowledge, training and experience.”
6) Appointments subject to CA approval

SUPERVISION/REGULATION OF FANCHISES / PERMITS / GRANTS /

SPECIAL PRIVILEGES / CONCESSIONS
Term:

1) Chairman -7 yrs; 3 Members - 7 yrs; 2 Members - 5 yrs; 1 Member - 3 yrs. Regulation of franchises
2) LIMITATION: Single term only: no reappointment allowed
3) Appointment to a vacancy: only for unexpired portion of predecessor‟s term A. What can COMELEC supervise or regulate
4) No temporary appointments, or appointments in acting capacity
1).The enjoyment or utilization of all franchises or permits for the operation of
a).Thus, the President cannot designate an incumbent commissioner as acting transportation and other public utilities, media of communication or information.
Chairman.
b). The choice of temporary chairman falls under the COMELEC‟s discretion. 2). Grants, special privileges or concessions granted by the Government or any
subdivision, agency or instrumentality thereof, including any GOCC or its
subsidiary

B. When can COMELEC exercise this power

POWERS:
1). During the election period
Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall. a). Under Article XI, Section 9, the election period
commences 90 days before
Ex: COMELEC can enjoin construction of public works within 45 days of an the day of the election and ends 30 days thereafter.
election. b). In special cases, COMELEC can fix a period.

2). Applies not just to elections but also to plebiscites and referenda.
CONTEMPT POWER 3). Plebiscite: Submission of constitutional amendments or
important legislative measures to the people ratification
1.COMELEC can exercise this power only in relation to its adjudicatory or quasi- 4). Referendum: power of the electorate to approve or reject
judicial functions. It CANNOT exercise this in connection with its purely legislation through an election called for that purpose.
executive or ministerial functions.
2. If it is a pre-proclamation controversy, the COMELEC exercises quasi-
judicial/administrative powers.
3.Its jurisdiction over „contests‟ (after proclamation), is in exercise of its judicial COMELEC and the MEDIA
functions.
1). COMELEC cannot compel print media to donate free space to the
COMELEC. It may, however, compel it to provide space after paying
The COMELEC may issue writs of certiorari, prohibition and mandamus in just compensation.
exercise of its appellate jurisdiction.
2). Power of COMELEC is over franchises and permits, NOT individuals.
This is not an inherent power. For example, COMELEC may not regulate media practitioners, for
this would violate the freedom of expression.

No pardon, amnesty, parole, or suspension of sentence for violation of election

Recommend to the Congress effective measures to minimize election laws, rules, and regulations shall be granted by the President without the
spending, including limitation of places where propaganda materials shall be favorable recommendation of the Commission.
posted, and to prevent and penalize all forms of election frauds, offenses,
malpractices, and nuisance candidacies. Can print media be compelled to allocate free space?
No. Print media may not be compelled to allocate free space to the Commission.
Such would amount to a taking of property without just compensation. (Philippine
Recommend to the President the removal of any officer or employee it has Press Institute v. COMELEC, G.R. No 119694, May 22, 1995)
deputized, or the imposition of any other disciplinary action, for violation or
disregard or, or disobedience to its directive, order, or decision. Can the COMELEC regulate expressions made by private citizens?
No. COMELEC had no legal basis to regulate expressions made by private
Submit to the President and the congress a comprehensive report on the citizens. As such, COMELEC‟s order to remove the tarpaulin posted by the
conduct of each election, plebiscite, initiative, referendum, or recall. Diocese of Bacolod bearing the heading „Conscience Vote‟ was unconstitutional.
(Diocese of Bacolod v COMELEC, G.R. No 205728, Jan. 21, 2015)
 5

JURISDICTION F. Registration of political parties, organizations, or coalitions/accreditation

of citizens’ arms of the Commission on Elections.

A. Exclusive original jurisdiction over all contests relating to the elections, a). The political parties etc. must present their platform or program
returns, and qualifications of all elective of government.
b). There should be sufficient publication
1. Regional, c). Groups which cannot be registered:
2. Provincial, and
3. City officials i. Religious denominations/sects
ii. Groups which seek to achieve their goals through
violence or unlawful means
B. Appellate jurisdiction over all contests involving: iii. Groups which refuse to uphold and adhere to the
Constitution
1. Elective municipal officials decided by trial courts of general jurisdiction iv. Groups which are supported by any foreign
2. Elective barangay officials decided by trial courts of limited jurisdiction. government.

A petition for certiorari questioning an interlocutory order of a trial court

in an electoral protest was within the appellate jurisdiction of the d). BUT: Political parties with religious affiliation or which derive
COMELEC. The Court recognizes the COMELEC‟s appellate jurisdiction their principles from religious beliefs are registerable.
over petitions for certiorari against all acts or omissions of courts in
election cases (Bulilis v. Nuez, G.R. No. 195953, Aug. 9, 2011). e). Financial contributions from foreign governments and their
agencies to political parties, organizations, coalitions, or
Petition for certiorari questioning the decision of COMELEC division is candidates related to elections constitute interference in
premature as there is a plain and speedy remedy before COMELEC En national affairs. If accepted, it is an additional ground for the
Banc (Villarosa v. Festin, G.R. No. 212953, Aug. 5, 2014). cancellation of their registration with the Commission, in
addition to other penalties that may be prescribed by law.
4BLUE95. Election contests in the Sangguniang Kabataan (SK) are not
under COMELEC jurisdiction but under the jurisdiction of the DILG.
File, upon a verified complaint, or on its own initiative, petitions in court for
inclusion of exclusion of voters; investigate and, where appropriate, prosecute
C.Decisions, final orders, or rulings of the Commission on election contests cases of violations of election laws, including acts or omissions constituting
involving elective municipal and barangay offices shall be final, executory, elections frauds, offenses and malpractices.
and not appealable.
A. COMELEC has exclusive jurisdiction to investigate and
Exception: May be appealed to the SC EN BANC on questions of law prosecute cases for violations of election laws.
When the decision is brought on a special civil action for certiorari, B. COMELEC can deputize prosecutors for this purpose. The
prohibition, or mandamus under Rule 64 for grave abuse of discretion actions of the prosecutors are the actions of the COMELEC
under Article IX-A Section 7. C. Preliminary investigation conducted by COMELEC is valid.

D.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 POLITICAL PARTY: organized group of persons pursuing the same political
voters. ideals in a government and includes its branches, and divisions
Note: Questions involving the right to vote fall within the jurisdiction of the
ordinary courts. Importance of registration of a political party
1) Registration confers juridical personality on the party.
2) It informs the public of the party's existence and ideals.
E. Deputize, with the concurrence of the President, law enforcement agencies 3) It identifies the party and its officers for purposes of regulation by
and instrumentalities of the Government, including the Armed Forces of the the COMELEC.
Philippines, for the exclusive purpose of ensuring free, orderly, honest,
peaceful, and credible elections. No votes cast in favor of a political party, organization, or coalition shall be
valid, except for those registered under the party-list system as provided in
a). This power is NOT limited to the election period. this Constitution.
b). Applies to both criminal and administrative cases.

Prohibition on block-voting

(2022 BAR MATTER) Are the functions under R.A. No. 8436 mandatory? 1) General rule: Block voting NOT allowed
Yes. The minimum functional capabilities enumerated under Section 6 of R.A. 2) EXCEPTION: those registered under the party-list system
No. 8436, as amended, are mandatory. These functions constitute the most basic
safeguards to ensure the transparency, credibility, fairness and accuracy of the
upcoming elections. The law is clear. A “voterverified paper audit trail” requires PARTY LIST SYSTEM
the following: (a) individual voters can verify whether the machines have been
able to count their votes; and (b) that the verification at minimum should be paper No Right to be Represented in Various Boards
based. There appears to be no room for further interpretation of a “voter-verified
paper audit trail.” The paper audit trail cannot be considered the physical ballot, Political parties, organizations, or coalitions registered under the party-list system
because there may be instances where the machine may translate the ballot shall NOT be represented in the following:
differently, or the voter inadvertently spoils his or her ballot. (Bagumbayan-VNP
Movement, Inc. vs COMELEC, G.R. No. 222731, March 8, 2016) 1). Voters‟ registrations boards,
2). Boards of election inspectors,
3). Boards of canvassers, or
FUNDING 4). Other similar bodies.

How provided Poll Watchers

Political parties, etc. are entitled to appoint poll watchers in accordance with law.
1) Funds certified by the COMELEC as necessary to defray the expenses for
holding regular and special elections, plebiscites, initiative, referenda and
recalls, shall provided in the regular or special appropriations. Section 10. Bona fide candidates for any public office shall be free from any
2) Funds should be certified by the COMELEC as necessary. form of harassment and discrimination.
This section does not give candidates immunity from suit.
Release of funds Discrimination includes unequal treatment in the availment of media facilities.
Once approved, funds should be released automatically upon certification by the
Chairman of COMELEC.
 6

Q: As counsel for the protestant, where will you file an election protest involving a Q: Candidate X, a naturalized Filipino citizen, ran for Congressman for the Lone District
contested elective position in: (a) the barangay? (b) the municipality? (c) the province? of Batanes. After a close electoral contest, he won by a slim margin of 500 votes. His sole
(d) the city? (e) the House of Representatives? (1996, 2009 BAR) opponent, Y, filed an election protest before the Commission on Election (COMELEC),
claiming that X should be disqualified to run for said position because he is not a natural-
A: In accordance with Section 2(2), Article IX-C of the Constitution an election protest born citizen. While the case was pending, X was proclaimed by the Provincial Election
involving the elective position enumerated below should be filed in the following courts Supervisor of Batanes as the duly elected Congressman of the province. Did X‟s
or tribunals: (a) Barangay - Metropolitan Trial Court, Municipal Circuit Trial Court, or proclamation divest the COMELEC of its jurisdiction to decide the case and vest the
Municipal Trial Court (b) Municipality - Regional Trial Court (c) Province – COMELEC House of Representatives Electoral Tribunal (HRET) jurisdiction to hear the case?
(d) City – COMELEC (e) Under Section 17. Article VI of the Constitution, an election Explain. (2%) (2019 BAR) A: NO, COMELEC maintains its jurisdiction over the matter.
protest involving the position of Member of the House of Representatives shall be filed in To divest the COMELEC of jurisdiction over election cases of Members of the House of
the House of Representatives Electoral Tribunal. Representatives, the following requisites must concur: 1. Valid Proclamation 2. Valid
oath; and 3. Assumption of office on June 30. Thus, the mere proclamation of X does not
Q: In an election protest involving the position of Governor of the Province of Laguna yet transfer jurisdiction from the COMELEC to the HRET. (Reyes v. COMELEC, G.R.
between "A", the protestee, and "B" the protestant, the First Division of the Commission No. 207264, October 22, 2013)
on Elections rendered a decision upholding B's protest. Can "A" file a petition for
certiorari with the Supreme Court under Rule 65 of the Rules of Court, from the decision
of the COMELEC First Division? If yes, Why? If not what procedural step must he
undertake first? (2001 BAR)
A: "A" cannot file a petition for certiorari with the Supreme Court. As held in Mastura vs.
Commission on Elections, 285 SCRA 493 (1998), the Supreme Court cannot review the
decisions or resolutions of a division of the Commission on Elections. "A" should first
file a motion for reconsideration with the Commission on Elections en banc.

Q: Sec. 17, Art. VI of the Constitution establishes an Electoral Tribunal for each of the
Houses of Congress, and makes each Electoral Tribunal "the sole judge of all contests
relating to the election, returns, and qualifications of their respective Members." On the
other hand, Sec. 2(1), C (Commission on Elections), Art. IX of the Constitution grants to
the COMELEC the power to enforce and administer all laws and regulations "relative to
the conduct of an election, plebiscite, initiative, referendum, and recall." Considering that
there is no concurrence of jurisdiction between the Electoral Tribunals and the
COMELEC, state when the jurisdiction of the Political Law 46 Electoral Tribunals
begins, and the COMELEC's jurisdiction ends. Explain your answer. (2017 BAR)
A: To be considered a Member of the House of Representatives, there must be a
concurrence of the following requisites: (1) A valid proclamation, (2) a proper oath, and
(3) assumption of office (Reyes v. COMELEC, G.R. No. 207264, October 22, 2013).
Once a winning candidate has been proclaimed and taken his oath, and assumed office as
a Member of the House of Representatives, the jurisdiction of the Commission on
Elections over the election contest ends, and the jurisdiction of the House of
Representatives Electoral Tribunal begins. (Vinzons-Charo v. COMELEC, G.R. No.
172131, April 2, 2007)

Q: Ang Araw, a multi-sectoral party-list organization duly registered as such with the
Commission on Elections (Comelec), was proclaimed as one of the winning party-list
groups in the last national elections. Its first nominee, Alejandro, assumed office as the
party-list representative. About one year after Alejandro assumed office, the Interim
Central Committee of Ang Araw expelled Alejandro from the party for disloyalty and
replaced him with Andoy, its second nominee. Alejandro questioned before the Comelec
his expulsion and replacement by Andoy. The Comelec considered Alejandro's petition
as an intra-party dispute which it could resolve as an incident of its power to register
political parties; it proceeded to uphold the expulsion. Is the Comelec's ruling correct?
(2018 BAR)
A: Alejandro‟s petition should be dismissed for lack of jurisdiction. It is the HRET which
has jurisdiction over the case, because Alejandro is already a Member of the House of
Representatives. (Lico v. Commission on Elections, G.R. No. 205505, September 29,
2015)

Q: Two petitions for the cancellation of Certificate of Candidacy (CoC)/Denial of Due

Course were filed with the Comelec against two candidates running as municipal mayors
of different towns. The first petition was against Anselmo. Years ago, Anselmo was
charged and convicted of the crime of rape by final judgment, and was sentenced to
suffer the principal penalty of reclusion perpetua which carried the accessory penalty of
perpetual absolute disqualification. While Anselmo was in prison, the President
commuted his sentence and he was discharged from prison. The second petition was
against Ambrosio. Ambrosio's residency was questioned because he was allegedly a
"green card holder," i.e., a permanent resident of the US, as evidenced by a certification
to this effect from the US Embassy. Acting on the recommendations of its Law
Department, the Comelec en banc motu proprio issued two resolutions granting the
petitions against Anselmo and Ambrosio. Both Anselmo and Ambrosio filed separate
petitions with the Supreme Court assailing the resolutions cancelling their respective
CoCs. Both claimed that the Comelec en bane acted with grave abuse of discretion
amounting to lack or excess of jurisdiction because the petitions should have first been
heard and resolved by one of the Comelec's Divisions. Are Anselmo and Ambrosio
correct? (2018 BAR)
A: Anselmo is incorrect. The rule is every quasijudicial matter must first be tackled by a
division subject to appeal by way of a Motion for Reconsideration to the COMELEC en
banc. In Jalosjos v. COMELEC (G.R. No. 205033, June 18, 2013), it was determined that
a cancellation on the basis of perpetual disqualification is a matter that can be taken
judicial notice of. When it cancels A CoC on that ground, it is acting in performance of
an administrative function and, therefore, the rule in Article XI, Section 3 does not apply.
Ambrosio, on the other hand, is correct that the petition for the cancellation of his CoC
should have been first heard and resolved by the Comelec Division. Cancellation
proceedings involve the COMELEC's quasijudicial functions. The Constitution mandates
the COMELEC, in the exercise of its adjudicatory or quasi-judicial powers, to hear and
decide cases first by division and, upon motion for reconsideration, by the COMELEC en
banc. (Bautista v. Comelec, G.R. Nos. 154796-97, October 23, 2003)
 7

THE CIVIL SERVICE COMMISSION

APPOINTMENTS TO CIVIL SERVICE SHALL BE:

A. COMPETITIVE POSITIONS
Composition: According to merit and fitness to be determined by competitive examinations, as
1) Chairman far as practicable except to positions which are policy-determining, primarily
2) Commissioners – 2 commissioners confidential, or highly technical.

3 kinds

Qualifications: a) Policy-determining - formulate a method of action for the gov't

1) Natural-born citizens of the Philippines; b) Primarily confidential - more than ordinary confidence; close intimacy
2) At least 35 years old at the time of their appointments; insures freedom of intercourse without betrayals of personal trust.
3) With proven capacity for public administration; and
4) NOT candidates for any elective position in the elections immediately c) Highly technical-requires technical skill to a superior degree.
preceding their appointment.
5) Appointees by the President to the CSC need Commission on Appointments B. NON-COMPETITIVE POSITIONS
(CA) confirmation No need for competitive examinations.

Term: The TEST to determine whether non/competitive is the Nature of the

responsibilities, NOT the administrative or legislative description given
1) Chairman -7 years; Commissioner1 - 5 yrs; Commissioner2 - 3 yrs to it.
2) Limitation: single term only, no reappointment
3) Appointment to vacancy: only for unexpired term of predecessor Both types of positions are entitled to security of tenure. They only differ
4) No temporary appointments, or appointments in acting capacity. in the MANNER in which they are filled.

The CSC cannot disallow an appointment to a position authorized by

law but not included in the Index of Occupational Service.
Although the CSC rules limit appointments to positions within the
Scope: Index of Occupational Service, nevertheless, it is limited to the
implementation of the laws it is tasked to enforce. RA 8494 exempted the
The Civil Service embraces all: Trade and Investment Corporation from conforming to the position
A. branches, classification; thus, the appointment is valid (Trade and Investment v. CSC,
B. subdivisions, G.R. No. 182249, March 5, 2013).
C. instrumentalities,
D. agencies of the government,
E. including GOCCs with original charters. WHO MAY BE APPOINTED:

RULE: Whoever fulfills all the qualifications prescribed by law for a

particular position may be appointed therein.
1."With Original Charter" means that the GOCC was created by special law/by
Congress The CSC cannot disapprove an appointment just because another
2. If incorporated under the Corporation Code, it does not fall within the Civil person is better qualified, as long as the appointee is himself
Service, and is not subject to the CSC jurisdiction. qualified.
3. Even if once government-controlled, then becomes privatized, ceases to fall The CSC CANNOT add qualifications other than those provided by
under CSC. law.
4. Jurisdiction is determined as of the time of filing the complaint. One must be VALIDLY APPOINTED to enjoy security of tenure.
Thus, one who is not appointed by the proper appointing authority
does not acquire security of tenure.

No officer or employee in the Civil Service shall engage in any electioneering

or in partisan political activity Temporary employees are covered by the following rules:

1) Cannot solicit votes in favor of a particular candidate. 1). Not protected by security of tenure - can be removed anytime even without
2) Cannot give campaign contributions or distribute campaign materials. cause
3) BUT: Allowed to express views on political issues, and to mention the names 2). If they are separated, this is considered an expiration of his term.
of the candidates whom he supports. 3). BUT: They can only be removed by the one who appointed them.
4) Prohibition does not apply to department secretaries 4). Entitled only to such protection as may be provided by law.

Temporary Status: In the absence of appropriate eligibles and when it becomes

necessary in the public interest to fill a vacancy, a temporary appointment shall be
Right to organize issued to a person who meets all the requirements for the position to which he is
being appointed except the appropriate civil service eligibility; provided that such
The right to organize does NOT include the right to strike temporary appointment shall not exceed 12 months, but the appointee may be
(2022 notes: ability to strike is not essential to the right of association and it is replaced sooner if a qualified civil service eligible becomes available
recognized by common law that state can prohibit strikes or work stoppages by
public employees)
ABOLITION OF OFFICE

To be valid, abolition must be made:

Q:Under the 1987 Constitution, to whom does each (a) In good faith; (good faith is presumed)
duty/power/privilege/prohibition/disqualifica ti on apply: (2019 BAR) (b) Not for political or personal reasons; and
(c) Not in violation of law.
(a) The authority to keep the general accounts of the Government and for such period
provided by law, preserve the vouchers and other supporting documents pertaining CSC may not terminate the employment of a civil servant
thereto.
A: The Commission on Audit. [Section 2(1), Article IX-D, 1987 CONST.]
The CSC may not terminate the employment of a civil servant. The CSC is not a
(b) The authority to provide for the standardization of compensation of government co-manager or surrogate administrator of government offices and agencies. Its
officials and employees. functions and authority are limited to approving or reviewing appointments to
A: The Civil Service Commission. [Section 5, Article IX-B, 1987 CONST.] determine their compliance with requirements of the Civil Service Law. On its
own, the Commission does not have the power to terminate employment or drop
members from the rolls (UP and Torres v. CSC, G.R. No. 132860, April 3, 2001).
 8

PROHIBITED OFFICES AND INTERESTS

DISQUALIFICATIONS
Q: Ricardo was elected Dean of the College of Education in a State University for a term
of five years unless sooner terminated. Many were not pleased with his performance. To
1) Losing candidates in any election appease those critical of him, the President created a new position that of Special
Assistant to the President with the rank of Dean, without reduction in salary, and
appointed Ricardo to said position in the interest of the service. Contemporaneously, the
a). Cannot be appointed to any office in the government or GOCC's or their University President appointed Santos as Acting Dean in place of Ricardo. a. Does the
subsidiaries phrase “unless sooner terminated” mean that the position of Ricardo is terminable at will?
b). Period of disqualification: One (1) year after such election. b. Was Ricardo removed from his position as Dean of the College of Education or merely
transferred to the position of Special Assistant to the President? Explain. (2005 BAR)
A:
2) Elective officials a. NO, the term “unless sooner terminated” could not mean that his position is terminable
at will. Security of tenure means that dismissal should only be for a cause, provided by
a). Not eligible for appointment or designation ANY CAPACITY to law and not otherwise (Palmera v. CSC, G.R. No. 11018, August 4, 1994)
ANY PUBLIC OFFICE or position during their tenure.
b). EXCEPTION: May hold ex officio positions. ALTERNATIVE ANSWER: No, his position is not terminable at will. Ricardo‟s contract
 Examples: of employment has a fixed term of five years. It is not an appointment in an acting
capacity or as officer-incharge. A college dean appointed with a term cannot be separated
 The Vice President may be appointed
without cause. Ricardo, with a definite term of employment, may not thus be removed
Cabinet member except for a cause (Sta. Maria v. Lopez, G.R. No. L30773, February 18, 1970).
 Congressman may sit in the Judicial and
Bar Council b. Ricardo was removed from his position as dean. Having an appointment with a fixed
term, he cannot, without his consent, be transferred before the end of his term. He cannot
c). To be eligible to hold any other office, the elected official must be asked to give up his post nor appointed as dean of another college, much less
first resign his office transferred to another position even if it be dignified with a dean‟s rank. More than this,
d). Even Congress cannot, by law, authorize the appointment of an elective the transfer was a demotion because deanship in a university, being an academic position
official. which requires learning, ability and scholarship, is more exalted than that of a special
assistant who merely assists the President, as the title indicates. The special assistant does
not make authoritative decisions unlike the dean who does so in his own name and
responsibility. The position of dean is created by law, while the special assistant is not so
provided by law; it was a creation of the university president (Sta. Maria v. Lopez, G.R.
3). Appointive officials
No. L-30773, February 18, 1970).
a).Cannot hold any other office or employment in the government, any
subdivision, agency, instrumentality, including GOCC's and their subsidiaries.
b). EXCEPTION: Unless otherwise allowed by law, or by the primary functions
of his position.
c).This exception DOES NOT APPLY to Cabinet members, and those officers
mentioned in Art. VII, Sec. 13. They are governed by the stricter prohibitions JURISDICTION OF CIVIL SERVICE COMISSION
contained therein.
Q: Luzviminda Marfel, joined by eleven other retrenched employees, filed a complaint
with the Department of Labor and Employment (DOLE) for unpaid retrenchment or
separation pay, underpayment of wages and non-payment of emergency cost of living
allowance. The complaint was filed against Food Terminal, Inc. Food Terminal Inc.
moved to dismiss on the ground of lack of jurisdiction, theorizing that it is a government-
owned and controlled corporation and its employees are governed by the Civil Service
Law and not by the Labor Code. Marfel opposed the motion to dismiss, contending that
although Food Terminal, Inc. is a corporation owned and controlled by the government
COMPENSATION earlier created and organized under the general corporation law as “The Greater Manila
Food Terminal, Inc.”, it has still the marks of a private corporation: it directly hires its
employees without seeking approval from the Civil Service Commission and its
Prohibitions: applies to elected or appointed officers and employees personnel are covered by the Social Security System and not the Government Service
Insurance System. The question posed in the petition for certiorari at bar whether or not a
Cannot receive: labor law claim against a government- owned or controlled corporation like the Food
Terminal, Inc. falls within the jurisdiction of the Department of Labor and Employment
A. Additional - an extra reward given for the same office i.e. bonus or the Civil Service Commission? Decide and ratiocinate. (1999 BAR)
A: The claim of the retrenched employees falls under the jurisdiction of the National
B. Double - when an officer is given 2 sets of compensation for 2 different offices
Labor Relations Commission and not under the jurisdiction of the Civil Service
held concurrently by 1 officer Commission. As held in Lumanta v. National Labor Relations Commission, 170 SCRA
790, since Food Terminal, Inc., was organized under the Corporation Law and was not
C. Indirect Compensation created by a special law in accordance with Section 2(1), Article IX-B of the
Constitution, it is not covered by the civil service.
EXCEPTION: Unless specifically authorized by law

A. "SPECIFICALLY AUTHORIZED" means a specific authority Q: A corporation, a holder of a certificate of registration issued by the Securities and
particularly directed to the officer or employee Exchange Commission, is owned and controlled by the Republic of the Philippines. The
concerned. Civil Service Commission (CSC), in a memorandum-order, directs the corporation to
B. BUT: per diems and allowances given as REIMBURSEMENT comply with the Civil Service Rules in the appointment of all its officers and employees.
for expenses actually incurred are not prohibited The memorandum-order of the CSC is assailed by the corporation, as well as by its
officers and employees, before the court. How should the case be resolved? (2003 BAR)
A: The memorandum-order of the Civil Service Commission should be declared void. As
3) Cannot accept any present, emolument, office, title of any kind from foreign held in Gamogamo v. PNOC Shipping and Transit Corporation, 381 SCRA 742, under
governments UNLESS with the consent of Congress. Article IX-B, Section 2(1) of the 1987 Constitution governmentowned or controlled
corporations organized under the Corporation Code are not covered by the Civil Service
4) Pensions and gratuities are NOT considered as additional, double, or indirect Law but by the Labor Code, because only government-owned or controlled corporations
compensation. with original charters are covered by the Civil Service.

Q: What is the meaning and guarantee of security of tenure? (1999 BAR)

A: According to Palmera v. Civil Service Commission, 235 SCRA 87, Security of Tenure
means that no officer or employee in the Civil Service shall be suspended or dismissed
except for cause as provided by law and after due process.