B. Powers, functions, and jurisdiction

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

Frequency: ★★★★☆

1. Civil Service Commission (CSC)

Civil Service. The Civil Service shall be administered by the Civil Service Commission. (Section 1[1], Part B, Article IX, 1987 Constitution)

Coverage; All parts of the Government, including GOCCs with original charters. The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters. (Section 2[1], Part B, Article IX, Ibid.)

a. Security of tenure

Security of tenure; Due process. No officer or employee of the civil service shall be removed or suspended except for cause provided by law. (Section 2[3], Part B, Article IX, Ibid.)

Same; Temporary employees. Temporary employees of the Government shall be given such protection as may be provided by law. (Section 2[6], Part B, Article IX, Ibid.)

b. No electioneering or partisan political campaign

No electioneering or partisan political campaign. No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign. (Section 2[4], Part B, Article IX, Ibid.)

a. Right to self-organization

Allowed to self-organize. The right to self-organization shall not be denied to government employees. (Section 2[5], Part B, Article IX, Ibid.)

Same; Limitation – on collective bargaining and negotiation. While the right to self-organization is absolute, the right of government employees to collective bargaining and negotiation is subject to limitations. (GSIS Family Bank Employees Union v. Villanueva, G.R. No. 210773, 23 January 2019)

Same; Same; No bargaining on employment terms and conditions fixed by law. In contrast with the private sector, the terms and conditions of employment of government workers are fixed by the legislature; thus, the negotiable matters in the public sector are limited to terms and conditions of employment that are not fixed by law. (Ibid.)

Same; Same; No bargaining on employment terms and conditions fixed by law. Instead of a collective bargaining agreement or negotiation, government employees must course their petitions for a change in the terms and conditions of their employment through the Congress for the issuance of new laws, rules, or regulations. (Ibid.)

Same; Same; No right to strike. At present, in the absence of any legislation allowing government employees to strike, recognizing their right to do so, or regulating the exercise of the right, they are prohibited from striking, by express provision of Memorandum Circular No. 6 and as implied in E.O. No. 180. (SSS v. CA, G.R. No. 85279, 28 July 1989)

c. Career Service

Career service. The Civil Service Commission, as the central personnel agency of the Government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. (Section 3, Part B, Article IX, 1987 Constitution)

Merit and fitness. Appointments in the civil service shall be 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. (Section 2[2], Part B, Article IX, Ibid.)

Merit and Rewards System. It shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. (Section 3, Part B, Article IX, Ibid.)

d. Annual report

Annual Reports to the President and Congress. It shall submit to the President and the Congress an annual report on its personnel programs. (Section 3, Part B, Article IX, Ibid.)

e. Oath or affirmation to defend the Constitution

Oath-taking. All public officers and employees shall take an oath or affirmation to uphold and defend this Constitution. (Section 4, Part B, Article IX, Ibid.)

f. Salary

Standarization of compensation. The Congress shall provide for the standardization of compensation of government officials and employees, including those in government-owned or controlled corporations with original charters, taking into account the nature of the responsibilities pertaining to, and the qualifications required for their positions. (Section 5, Part B, Article IX, Ibid.)

No 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 the Congress, any present, emolument, office, or title of any kind from any foreign government. (Section 8, Part B, Article IX, Ibid.)

Same; Pensions or gratuities. Pensions or gratuities shall not be considered as additional, double, or indirect compensation. (Paragraph 2, Section 8, Part B, Article IX, Ibid.)

Same; Separation pay and retirement benefits – not allowed. Absent clear and unequivocal statutory authority, the grant of both separation pay and retirement benefits violates the constitutional proscription on additional compensation. (Herrera v. NPC, G.R. No. 166570, 18 December 2009)

•••••

BAR EXAM QUESTION

(Question B.16, Political Law, 2019 Bar Exam)

Under the 1987 Constitution, to whom does each duty / power / privilege / prohibition / disqualification apply:

(c) The authority to provide for the standardization of compensation of government officials and employees. (1%)

The Congress

•••••

2. Commission on Elections (COMELEC)

a. Powers and functions

COMELEC powers and functions:
The Commission on Elections shall exercise the following powers and functions:
1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.
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 candidacies.
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. (Section 2, Part C, Article IX, Ibid.)

En Banc or 2 Divisions. The Commission on Elections may sit en banc or in two divisions. (Section 3, Part C, Article IX, Ibid.)

Division. All such election cases shall be heard and decided in division. (Section 3, Part C, Article IX, Ibid.)

En banc. Motions for reconsideration of decisions shall be decided by the Commission en banc. (Section 3, Part C, Article IX, Ibid.)

b. Quasi-judicial functions

Quasi-judicial function. A “quasi-judicial function” is a term which applies to the action, discretion, etc., of public administrative officers or bodies, who are required to investigate facts, or ascertain the existence of facts, hold hearings, and draw conclusions from them, as a basis for their official action and to exercise discretion of a judicial nature. (Villarosa v. COMELEC, En Banc, G.R. No. 133927, 29 November 1999)

Summary procedure. Under Section 3, Rule 23 of the 1993 COMELEC Rules of Procedure, a petition for the denial or cancellation of a certificate of candidacy must be heard summarily after due notice. It is thus clear that cancellation proceedings involve the exercise of the quasi-judicial functions of the COMELEC which the COMELEC in division should first decide. (Bautista v. COMELEC, En Banc, G.R. No. 154796-97, 23 October 2003)

c. Administrative functions

Motion for reconsideration – only for quasi-judicial functions. The constitutional provision requiring a motion for reconsideration before the COMELEC En Banc may take action is confined only to cases where the COMELEC exercises its quasi-judicial power. It finds no application, however, in matters concerning the COMELEC’s exercise of administrative functions. (Jalosjos v. COMELEC, En Banc, G.R. No. 205033, 18 June 2013)

Administrative function. The term “administrative” connotes, or pertains, to “administration, especially management, as by managing or conducting, directing or superintending, the execution, application, or conduct of persons or things. It does not entail an opportunity to be heard, the production and weighing of evidence, and a decision or resolution thereon.” (Villarosa v. COMELEC, supra.)

Denial and/or cancellation. The COMELEC’s denial of due course to and/or cancellation of a CoC in view of a candidate’s disqualification to run for elective office based on a final conviction is subsumed under its mandate to enforce and administer all laws relating to the conduct of elections. Accordingly, in such a situation, it is the COMELEC’s duty to cancel motu proprio the candidate’s CoC, notwithstanding the absence of any petition initiating a quasi-judicial proceeding for the resolution of the same. (Jalosjos v. COMELEC, supra.)

•••••

BAR EXAM QUESTION

VIII

(Question VIII, Political Law, 2018 Bar Exam)

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 banc 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? (5%)

Suggested Answer:

Both Anselmo and Ambrosio are correct. Answer

Under jurisprudence and COMELEC Rules of Procedure, a petition for the denial or cancellation of a certificate of candidacy must be heard summarily after due notice. It is thus clear that cancellation proceedings involve the exercise of the quasi-judicial functions of the COMELEC which the COMELEC in division should first decide. Rule

However, if the COMELEC En Banc may also motu proprio exercise its administrative functions to deny due course and/or to a certificate of candidacy in view of a candidate’s disqualification to run for elective office based on a final conviction. Rule

The key is knowing which of the function and power was exercised by COMELEC.

In the case at bar, it appears from the facts that the COMELEC exercised its quasi-judicial function and power when it resolved the petitions against Anselmo and Ambrosio. The resolution of the COMELEC was a ruling on the petitions, which is involved deciding on the merits of the case as evidenced by the fact that it was based on the recommendation of the Law Department which presumably evaluated the case. Apply

Thus, Anselmo and Ambrosio are correct. Conclusion

•••••

c. Internal rules

Promulgate internal rules. It and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre-proclamation controversies. (Ibid.)

d. Special power to supervise or regulate during election

Supervise or regulate of all franchises or permits., etc. The Commission may, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges, or concessions granted by the Government or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation or its subsidiary. (Section 4, Part C, Article IX, Ibid.)

Same; For equal opportunity, time, and space, and right to reply. Such supervision or regulation shall aim to ensure equal opportunity, time, and space, and the right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, honest, peaceful, and credible elections. (Section 4, Part C, Article IX, Ibid.)

Same; Does not extend to ownership per se. Section 4, Article IX-C of the Constitution only grants COMELEC supervisory and regulatory powers over the enjoyment or utilization “of all franchises or permits for the operation,” inter alia, of transportation and other public utilities. The COMELEC’s constitutionally delegated powers of supervision and regulation do not extend to the ownership per se of PUVs and transport terminals, but only to the franchise or permit to operate the same. (1-United Transport Koalisyon [1-UTAK] v. COMELEC, En Banc, G.R. No. 206020, 14 April 2015)

e. Favorable ecommendation for election-relatd offenses

Amnesty, parole, suspension of sentence for election-related offenses. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission. (Section 5, Part C, Article IX, Ibid.)

f. Free and open party system

According to free choice of the people. A free and open party system shall be allowed to evolve according to the free choice of the people, subject to the provisions of Article IX of the Constitution – Constitutional Commissions. (Section 6, Part C, Article IX, Ibid.)

General Rule: No votes cast in favor of a political party, organization, or coalition shall be valid. (Section 7, Part C, Article IX, Ibid.)
Exception: … except for those registered under the party-list system as provided in this Constitution. (Section 7, Part C, Article IX, Ibid.)

Party-list system. 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. (Section 8, Part C, Article IX, Ibid.)

Samel; Poll watchers. However, they shall be entitled to appoint poll watchers in accordance with law. (Section 8, Part C, Article IX, Ibid.)

g. Election fraud

90-day and 30-day rules. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety (90) days before the day of the election and shall end thirty days (30) after. (Section 9, Part C, Article IX, Ibid.)

Non-harassment, non-discrimination. Bona fide candidates for any public office shall be free from any form of harassment and discrimination. (Section 10, Part C, Article IX, Ibid.)

Election funds. 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. (Section 11, Part C, Article IX, Ibid.)

3. Commission on Audit (COA)

a. Powers and functions

COA powers and functons:
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:
1) Constitutional bodies, commissions and offices that have been granted fiscal autonomy under this Constitution;
2) Autonomous state colleges and universities;
3) Other government-owned or controlled corporations and their subsidiaries; and
4) 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. (Section 2[1], Part D, Article IX, Ibid.)

Internal control system of audited agencies. 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. (Ibid.)

General accounts, vouchers, supporting documents. 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. (Section 2[1], Part D, Article IX, Ibid.)

b. Exclusive Authority

Exclusive authority –  on audit and examination. 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. (Section 2[2], Part D, Article IX, Ibid.)

c. No law exempting Government entity from audit

No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit. (Section 3, Part D, Article IX, Ibid.)

•••••

BAR EXAM QUESTION

(Question XII, Political Law, 2017 Bar Exam)

The Congress establishes by law Philippine Funds, Inc., a private corporation, to receive foreign donations coming from abroad during national and local calamities and disasters, and to enable the unhampered and speedy disbursements of the donations through the mere action of its Board of Directors. Thereby, delays in the release of the donated funds occasioned by the stringent rules of procurement would be avoided. Also, the releases would not come under the jurisdiction of the Commission on Audit (COA).

(b) Can the Congress pass the law that would exempt the foreign grants from the jurisdiction of the COA? Explain your answer. (3%)

Suggested Answer:

No. Congress cannot pass such a law since it violates the Constitutional prohibition that no law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit.

•••••

d. Annual Report to the President and Congress

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. (Section 4, Part D, Article IX, Ibid.)

It shall submit such other reports as may be required by law. (Section 4, Part D, Article IX, Ibid.)

•••••

BAR EXAM QUESTION

(Question B.16, Political Law, 2019 Bar Exam)

Under the 1987 Constitution, to whom does each duty/power/privilege/ prohibition/disqualification apply:

(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 thereto. (1%)

The Commission on Audit (COA)

•••••

Share:

WhatsApp
Telegram
Facebook
Twitter
Subjects

Political Law, Labor Law

Question 3, 2018 Labor Law Bar Exam

III. (Question III, Labor Law, 2018 Bar Exam) Due to his employer’s dire financial situation, Nicanor was prevailed upon by his employer to voluntarily resign.

1. Mala in se and mala prohibita

Frequency: ★★★☆☆ Mala in se – refers to acts wrong in themselves. (Dungo v. People, G.R. No. 209464, 01 July 2015) Mala prohibita – refers

4. Penalties

Frequency: ★★☆☆☆ a. Imposable penalties No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Article 21, Ibid.) 1)

J. Crimes against chastity

Frequency: ★★★★★ COMMON PROVISIONS 1) Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness The crimes of adultery and concubinage

Question 12, 2018 Legal Ethics Bar Exam

XII (Question XII, Legal and Judicial Ethics, 2018 Bar Exam) From February to November 2004, Atty. Calumpang, in fraudulent connivance with brokers, convinced Corinna to

J. Parental authority

1. GENERAL PROVISIONS Scope and extent of parental authority. Pursuant to the natural right and duty of parents over the person and property of their

E. Lawyer’s Oath

I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the Constitution and obey the laws as

error: Content is protected.