A. Common Provisions
Section 1 The Constitutional Commissions, which shall be independent,
are the Civil Service Commission, the Commission on Elections, and the
Commission on Audit.
As we were saying, you take note that under section 1, it says which shall be
independent because this is very significant. This phrase justifies why the 3
Constitutional Commissions are called Constitutional Commissions. If you are asked,
What are the Constitutional Commissions provided in the Constitution? It will also
be correct to say that aside from the Civil Service Commission, the Commission
on Elections, and the Commission on Audit, it is also correct to say Human
Rights Commission because that is also a commission that is provided in the 1987
Philippines Constitution and likewise the Office of the Ombudsman, it is also a
Constitutional Office.
But what makes the 3 Constitutional Commissions the important
commissions?
Why are they so called Constitutional Commissions?
What sets them apart from Human Rights Commission and Office of the
Ombudsman and such other constitutional offices?
They are called Constitutional commissions because they perform vital
functions of the Government. It is essential that their independence must be
protected against outside influences, and political pressures, as such they enjoy
independent power of appointment etc., which is found in Sections 3, 4, 5 and 6.
So what are the Constitutional Commissions? Why are they called independent?
There is justification for that, in section 2.
Section 2 No member of a Constitutional Commission shall, during his
tenure, hold any other office or employment. Neither shall he engage in
the practice of any profession or in the active management or control of
any business which, in any way, may be affected by the functions of his
office, nor shall he be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted by the Government,
any of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their subsidiaries.
Take note practice of profession does not include teaching. A
commissioner of any Constitutional Commission who is a lawyer, if he teaches
that is not considered practice of a profession. In regard to business, only
active management of a business is prohibited. Ownership of business is not
prohibited.
Section 3 The salary of the Chairman and the Commissioners shall be fixed
by law and shall not be decreased during their tenure.
Then salary in section 3, take note the important part of sec. 3 is shall not
be decreased during their tenure because that is one of the conditions that
makes the Commission and the commissioners significant or important.
And then sec. 4, they will appoint their employees in accordance with law,
but when these independent commissions appoint their officials they must do so in
accordance with Civil Services Law, Rules and Regulations
The Supreme Court may not dis-approve internal rules promulgated by the
Commissions because these commissions are independent bodies. The power of the
SC overrules issued by quasi-judicial bodies found in Article 8 Section 5 Number 5
does not apply to Constitutional Commissions because under Article 8 Section 5
Number 5 the SC has the power overrules issued by quasi-judicial bodies. ???
brought before it. I emphasized the word all its Members to differentiate it from
the rule in the SC that cases or matters shall be decided by the SC by only those
members who participated in the deliberations. If any member of the SC did not
participate in the deliberations and voted thereon, then they are not included in the
votation. That is the difference between the SC and the Commissions.
In Ambil vs. COMELEC, before a resolution or decision is signed or
promulgated, there is no valid resolution or decision. A final decision becomes
binding only after it is promulgated, promulgation means to say is that all the
Commissioners have already signed and then it goes through the process of
releasing the decision. If the decision or draft of the decision is still being
rounded to the Commissioners then there is no decision yet. It has not
been promulgated.
In the case of Dumayas vs. COMELEC, it happened that there were only 4
remaining Members of the COMELEC. If there are only 4 remaining members of
the COMELEC out of 7, a 3 against 1 vote is a valid decision en banc,
because there are 7 Commissioners, majority of the 7 is 4 then they can
validly decide a case, wala namang iba na eh. There were only 4 of them left as
members of the Commission, so if they vote on a case and the voting is 3
against 1, then there is valid decision. It is a decision en banc.
Under section 7 decisions of the Commissions could be reviewed only by the
SC by on certiorari under rules 65. However under the revised administrative
circular RA 7902, Judgments or final orders of quasi-judicial agencies may be
appealed to the Court of Appeals within 15 days from notice. This is
pursuant to section 7 which says unless otherwise provided by the
Constitution or by Law.
On certiorari to the SC may be resorted to, when there is no other speedy or
adequate remedy. A case before the COMELEC may be brought to the SC in on
certiorari only after the requisite motion for reconsideration has been filed and
resolved by it.
In the COMELEC, a case is decided by any of the 2 sub-commissions and if
the aggrieved party will now file first a motion for reconsideration but the motion for
reconsideration is filed in the en banc. So before a case may be appealed to
the SC by on certiorari there must be a motion for reconsideration and the
motion must be filed in the en banc. All of the 7 commissioners will have to decide
on the motion for reconsideration and only when it is denied then the aggrieved
party may go to the SC on certiorari.
What we just stated is the general rule but there is an exemption to that, the
exception is that when the issue raised is one purely of law. The general
rule is when a motion for reconsideration must be filed in the en banc from
a decision of a division. There are 2 divisions in the COMELEC and then the
aggrieved party in a division decision must file a motion for reconsideration
The case or matter referred to by the Constitution that may be brought to the
SC on certiorari under section 7 article 9c are those that relate to the exercise of
adjudicatory or quasi-judicial powers.
Section 8 Each Commission shall perform such other functions as may be
provided by law.
COMELEC has two powers. One would be the conduct and the
administration of the Elections, any matter, everything that has something to
do with the elections, COMELEC will handle it. Second is to adjudicate it as a
judge, as a quasi-judicial body, as the sole judge of election contest. When it
performs those functions, it is said to be performing adjudicatory functions.
Decisions of the COMELEC that was made during the exercise of adjudicatory
functions are cases that are brought to the SC. The decisions of the COMELEC about
election issues are not brought to SC. For example, if COMELEC decides to
postpone the elections in one locality that is not adjudicatory, that is
administrative.
B. The Civil Service Commission
What is Civil Service? If you read the constitution and its provisions, it only
says that the CSC is like this.. The CSC has this powers.. It is composed of.. but it
does say or define what is civil service. It is defined in the constitutional provisions
the definition of civil service.
The term Civil Service came from India, it was introduced in India during the
British regime. Then it was copied by the British then adapted it on Great Britain
and it was copied in the US and was brought to the Philippines.
Civil Service refers to the professional body of officials employed by
the state in non-military and non-judicial state.
Section 1 (1) The civil service shall be administered by the Civil Service
Commission composed of a Chairman and two Commissioners who shall be
natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, with proven capacity for
public administration, and must not have been candidates for any elective
position in the elections immediately preceding their appointment.
Notice that if you compare the qualifications of commissioners of the CSC,
the COMELEC and COA, CSC Commissioners dont need to be a college graduate.
The provision does not provide college degree among the commissioners. COMELEC
Commissioners are specified, majority are Lawyers. COA, CPAs and Lawyers.
Many of these commissions (CSC, COMELEC, COA) and some other offices
and Commissions have multiple members. The length of their appointments are 7
years, 5 years and 3 years, because every after 2 years, may na-appoint na isa or
dalawa. One thing that you should remember is that no case shall any Member
be appointed or designated in a temporary or acting capacity. Take note of
the qualifications.
Section 2 (1) The civil service embraces all branches, subdivisions,
instrumentalities, and agencies of the Government, including governmentowned or controlled corporations with original charters.
What is the significance of the Original Charters, lahat ng Govt owned or
controlled corporation (GOCC) is subject to CSC Law provided they have original
charters, meaning to say that these corporations are created by a special
charter and not under the Corporation Code. There are corporations;
especially the GOCCs that were created under the Corporation Code but the recent
ones are created by a special law, nung panahon ni Marcos may Presidential
Decree. Even under the 1987 Constitution, the PDs are considered laws.
So the test to determine whether a GOCC is subject to Civil Service
Law Rules and Regulations is whether it has original charters. If it has
charters then it is covered by Civil Service Law Rules and Regulations, otherwise it is
not. Therefore water districts incorporated under PD 198 are GOCC with
original charters because PD 198 is a special law. (Davao City Water
District vs. CSC)
PAGCOR is under CSC since it was created under PD 1869, a special law.
So what is the scope of Civil Service? The scope of the Civil Service covers all
branches, instrumentalities, and agencies of the Government, including
government-owned or controlled corporations with original charters.
(2) Appointments in the civil service shall be made only according to merit
and fitness to be determined, as far as practicable, and, except to
say Huwag mong iboto si Binay, iboto mo si Grace Poe. Partisan political
activity does not include expressing your preference.
(5) The right to self-organization shall not be denied to government
employees.
(6) Temporary employees of the Government
protection as may be provided by law.
shall
be
given
such
Those who are working for the Government, Bonus are prohibited that is why
every year employees in the Government look at Malacaang if they come up with
an executive order authorizing their bonuses. That is the signal when a bonus to be
rewarded. As a general rule, hindi pwede yun. The 13 th month pay is by virtue of the
law.
What is double compensation? That is an additional compensation; it refers
to 2 sets of compensation for 2 different offices held by one officer. This is
allowed only if authorized by law.
Read the case of Santos vs. COA. Santos got an optional retirement from
the Judiciary; he received full payment of his gratuities and has been receiving
pensions for 5 years. He was then appointed as Director of Metro Manila
Commission now known as MMDA, is that considered as double compensation? The
SC ruled that it is not; Santos can continue receiving his pension and at
the same time his salary because they are for 2 different offices and 2
different services.
In LDP vs. COMELEC 2004, the COMELEC has jurisdiction between intraparty disputes. LDP argued about who are their Party Officials, they questioned the
authority of COMELEC to adjudicate. The SC said that COMELEC has the authority to
ascertain the identity of a Political Party and its legitimate officers.
Before proclamation, all questions in so far as the Election is concerned must
be decided by the Commission. Once a winning candidate has been proclaimed and
has taken his oath, assumed
office as the Member of the House of
Representatives, COMELECS jurisdiction over election issues relating to his election
returns and qualifications ends and House of Representatives Electoral
Tribunal jurisdiction begins.this is the case of Aggabbao vs. COMELEC.
In the case of Alunan vs. Mercado, cited by Bernas the elections of
SK Officers are not subjected to the provisions of COMELEC, DILG has the
authority on it.
The power of Commission to investigate and prosecute violations on Election
Laws is exclusive. Batas Pambansa 881, deputizing Fiscals to conduct preliminary
investigations for violations, it does not grant an authority to file criminal
information the same must be approved first by the Commission. So even if the
preliminary investigation is conducted by the Provincial Fiscal, when it comes to
deciding whether or not the case shall be filed it must be by the Provincial Election
Officer.
Under the provisions of the COMELEC, the COMELEC has the power to register
Political Parties and it is prohibited to register religious denominations and sectors,
such as the Catholic Church etc. It does not include laying organizations with
religious affiliations or political parties which derives their principles from religious
beliefs. They are not religious organizations, they only believe on the principles on
those religious organizations. They can be registered.
What are the powers that are not given to the COMELEC? COMELEC is not
empowered to decide questions involving on the right to vote, this being a judicial
question and also cases involving inclusion and exclusion of voters neither does the
commission have the power to transfer the municipalities from on province to
another.
Section 3 The Commission on Elections may sit en banc or in two divisions,
and shall promulgate its rules of procedure 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 of decisions shall be decided by the
Commission en banc.
Each division has 3 members. All such election cases shall be decided in
divisions, provided that motions for reconsideration shall be decide by the
Commission en banc. Election cases are decided in a in a division.
communist party of China. In the 1980 election, they have Block Voting. If you write
on your ballot KBL, all of the official candidates of KBL will be counted. That is
prohibited under Section 7. It is not against the Iglesia ni Cristo type of voting, it is
more on the reaction to the old KBL of Marcos.
Section 8 Political parties, or organizations or coalitions registered under
the party-list system, shall not be represented in the voters' registration
boards, boards of election inspectors, boards of canvassers, or other
similar bodies. However, they shall be entitled to appoint poll watchers in
accordance with law.
Section 9 Unless otherwise fixed by the Commission in special cases, the
election period shall commence ninety days before the day of election and
shall end thirty days thereafter.
Election Period is 90 days before the Election and 30 days after, Campaign
Period is 60 days before the Election for the National Candidates and 45 days for the
Provincial and Local Candidates.
Section 10 Bona fide candidates for any public office shall be free from any
form of harassment and discrimination.
Section 11 Funds certified by the Commission as necessary to defray the
expenses for holding regular and special elections, plebiscites, initiatives,
referenda, and recalls, shall be provided in the regular or special
appropriations and, once approved, shall be released automatically upon
certification by the Chairman of the Commission.
Every year, our government in case there would be a Special Elections.
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
subsidiaries; and
or
controlled
corporations
and
their
In Section 2 number 1, it enumerates the powers of COA provides for a preaudit and post-audit. The first portion of the paragraphs provides for the pre-audit
and on a post-audit basis A B C. Read section 2 paragraph 1.
Ung with original charters bumalik na naman, the COA has the authority to
audit including GOCCs with original charters.
In the case of DBP vs. COA, public corporations under the jurisdiction of COA
may hire private auditors but COAs power to examine and audit is exclusive
however a constitutionally mandated auditor among government agencies the
COAs findings and conclusions prevails over those of the private auditors.
Section 4 The Commission shall submit to the President and the Congress,
within the time fixed by law, an annual report covering the financial
condition and operation of the Government, its subdivisions, agencies,
and instrumentalities, including government-owned or controlled
corporations, and non-governmental entities subject to its audit, and
recommend measures necessary to improve their effectiveness and
efficiency. It shall submit such other reports as may be required by law.
There will be cases that will be filed against the members of the COA relating
to PDAF. Atty. Baligod is about to file a case to Non Napoles NGOs, there more than
40 NGOs that are not controlled by NAPOLES which are involved in the PDAF.
ARTICLE X
LOCAL GOVERNMENT
GENERAL PROVISIONS
Section 1 The territorial and political subdivisions of the Republic of the
Philippines are the provinces, cities, municipalities, and barangays. There
shall be autonomous regions in Muslim Mindanao and the Cordilleras as
hereinafter provided.
The Constitution enumerated the Political Subdivisions of the country. Puroks
in a barangay are considered in a management of a Barangay but it is not a
political subdivision because it is not stated on the Constitution.
The Bangsamoro Basic Law comes in section 1 because of the phrase There
shall be autonomous regions in Muslim Mindanao because the BBL will
change the ARMM under the same constitutional authority. The constitution
authorize the formations of the autonomous regions, one of them is the Muslim
Mindanao.
After the BBL will be enacted, probably one if its provision would say the
creation of the ARMM.
Local Government can only mean a measure of autonomy and
decentralization functions of the National Government. There are also subprovinces, this are allowed to exist until they are converted into a regular provinces
Bernas says that there is still a gray area on the meaning of a local autonomy
for local governments in spite of the mandate of the 1987 constitution.
The case of San Juan vs. CSC 1991, thus according to Bernas more
cognizant of local autonomy because the issue here was the authority to appoint
provincial budget officer. The court ruled that the provincial budget officer
must be appointed upon the recommendation of the Provincial Governor. It
would seem that the national government went ahead in appointing the provincial
budget officer without the recommendation of the Provincial Governor. The court
concluded that our national officials should not only comply with the constitutional
provisions of local autonomy but should also appreciate the spirit and the liberty
upon which these provisions are based.
On the other side of the fence with the case of Magtajas vs. Pryce
Properties, the meaning of local autonomy for Local Government under the 1987
constitution was thrown down to the level of 1935 constitution. The issue was the
authority of Government of Cagayan de Oro to prohibit gambling, it contented that
it has the authority to prevent PAGCOR from operating a casino to the City. The SC
ruled that the city could not prevent PAGCARs authority; the court said
that ordinances like that of the city ordinance of Cagayan de Oro City
should not contravene a statute that is the one that created PAGCOR.
component barangays, shall ensure that the acts of their component units
are within the scope of their prescribed powers and functions.
General supervisions are no more than ensuring that the laws are faithfully
executed and that the subordinate officers act within the law. It does not include the
power to substitute once judgments of that of a lower officer.
Section 5 Each local government unit shall have the power to create its
own sources of revenues and to levy taxes, fees and charges subject to
such guidelines and limitations as the Congress may provide, consistent
with the basic policy of local autonomy. Such taxes, fees, and charges
shall accrue exclusively to the local governments.
Section 5 does not change the Doctrine that Municipal Corporations do not
possess inherent powers of taxation. It merely states General Power to levy taxes
and otherwise create sources of revenue. Giving the power of local government
units to create their own sources and levy taxes this must not conflict with taxes
that are imposed by statutes. If there no taxes imposed by the Local Government,
the LGU are free to impose taxes.
Section 6 Local government units shall have a just share, as determined
by law, in the national taxes which shall be automatically released to
them.
This is the IRA, Internal Revenue Allotment. Every year since the
effectively of the 1987 Constitution likewise of the LGC which provided the IRA. The
share of the LGU from national taxes increase, in Atty. Laras time the provincial
governments budget was 65 Million now it is 1.5 Billion.
In Pimentel vs. Aguirre 2000, President Ramos withheld 10 percent of the
IRA of LGU. The SC said that this move of Ramos contravenes the LGC and section 6
article 10.
Section 7 Local governments shall be entitled to an equitable share in the
proceeds of the utilization and development of the national wealth within
their respective areas, in the manner provided by law, including sharing
the same with the inhabitants by way of direct benefits.
In Isabela where the Magat Dam is located, the Government of Isabela is
entitled to a share in what the operators of Magat Dam pays in the National
Government, percentage of that goes to the Provincial Government and Ifugao. Also
in Casecnan Dam, payment goes to Vizcaya, Quirino and Ecija.
Section 8 The term of office of elective local officials, except barangay
officials, which shall be determined by law, shall be three years and no
such official shall serve for more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered as
an interruption in the continuity of his service for the full term for which
he was elected.
In Boro JR. vs. COMELEC, this is the interpretation of the 3 terms of a Local
Government Officer. For service to be counted as 1 term for the purpose of the 3
term service limit. 2 essential elements are required.
First, the official must have been elected to the position 3 times
consecutively.
Second, the official must have served 3 full terms consecutively.
The case of Nick De Leon of Amulung 1995, Malamug who was then the
elected Mayor died. Nick de Leon ran for vice mayor, before taking the oath the
Mayor died. De Leon now became the Mayor, nung patapos na ung 9 th year nya he
filed for a Certificate of Candidacy. The court said that the De Leon can still file for
candidacy because he was not elected for 9 years he only served for 9 years.
Another case was of Congresswoman Vargas; in 2011 special election she ran
and won. 2013 she again ran and won and on 2016 she can still file for candidacy
because the elections held on 2011 was special elections, that was not counted as
her 1st term.
Section 9 Legislative bodies of local governments shall have sectoral
representation as may be prescribed by law.
Section 10 No province, city, municipality, or barangay may be created,
divided, merged, abolished, or its boundary substantially altered, except
in accordance with the criteria established in the local government code
and subject to approval by a majority of the votes cast in a plebiscite in
the political units directly affected.
Tan vs. COMELEC, the scope of the plebiscite shall mean that if what is
involved as a barangay the plebiscite should be municipality wide or city wide. If a
municipality is involved this would be Province wide. If a portion of a province is to
form another province the place plebiscite should be the mother province.
Section 11 The Congress may, by law, create special metropolitan political
subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The
component cities and municipalities shall retain their basic autonomy and
shall be entitled to their own local executive and legislative assemblies.
The jurisdiction of the metropolitan authority that will thereby be created
shall be limited to basic services requiring coordination.
MMDA, falls under section 11.
Section 12 Cities that are highly urbanized, as determined by law, and
component cities whose charters prohibit their voters from voting for
provincial elective officials, shall be independent of the province. The
voters of component cities within a province, whose charters contain no
such prohibition, shall not be deprived of their right to vote for elective
provincial officials.
The 3 kinds of cities that are provided in Section 12 are:
AUTONOMOUS REGIONS
Section 15
There shall be created autonomous regions in Muslim
Mindanao and in the Cordilleras consisting of provinces, cities,
municipalities, and geographical areas sharing common and distinctive
historical and cultural heritage, economic and social structures, and other
relevant characteristics within the framework of this Constitution and the
national sovereignty as well as territorial integrity of the Republic of the
Philippines.
Take note in section 15, it mentions within the framework of this constitution,
national sovereignty, territorial integrity these are the 3 principles that Sen. Miriam
Santiago is saying that the BBL is violating. In so far as sovereignty is concerned its
very clear that there is a violation because the BBL provides for not only the powers
that are shared by the National and Local Government, but as an exclusive power of
the BBL. If the BBL is given exclusive powers than it is begin exclusive sovereignty
and therefore the Philippines shall have given away part of its sovereignty.
Section 16 The President shall exercise general supervision
autonomous regions to ensure that laws are faithfully executed.
over
Section 18 The Congress shall enact an organic act for each autonomous
region with the assistance and participation of the regional consultative
commission composed of representatives appointed by the President from
a list of nominees from multi-sectoral bodies. The organic act shall define
the basic structure of government for the region consisting of the
executive department and legislative assembly, both of which shall be
elective and representative of the constituent political units. The organic
acts shall likewise provide for special courts with personal, family, and
property law jurisdiction consistent with the provisions of this
Constitution and national laws.
Atty. Lara cannot understand why they are opposing the BBL, the constitution
is explicit. It says that the basic structure of the government consisting of the
executive department and legislative assembly both of which are elective and
representative of political units.
RA 6734 was enacted for Muslim Mindanao, out of the 13 provinces only
5 was approved as member of ARMM. In the Cordilleras RA 6776, out of the
mountain provinces it was only Ifugao that was approves for CAR. since a province
cannot be a region the plebiscite failed so the CAR did not push thru.
Section 19 The first Congress elected under this Constitution shall, within
eighteen months from the time of organization of both Houses, pass the
organic acts for the autonomous regions in Muslim Mindanao and the
Cordilleras.