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