Article 9 Edit

Political Law (Constitutional Law) Article IX

ARTICLE 9A

ARTICLE IX THE CONSTITUTIONAL COMMISSIONS

Section 1. Constitutional Commissions

The Constitutional Commissions, which shall be

independent, are the Civil Service Commission, the

Commission on Elections, and the Commission on

Audit.

Independent Constitutional Commissions:

1) Civil Service Commission (CSC)

2) Commission on Elections (COMELEC)

3) Commission on Audit (COA)

Why Independent?

They perform vital functions of government. Their

integrity is protected by the fact that they:

1) Are constitutionally created (Sec. 1)

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)

6) Commissioners have a fixed term

7) Commissioners are removable by impeachment only.

Section 2. DISQUALIFICATIONS

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.

VALOREXSticky NoteCommon Provisions

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXSticky NotePROHIBITIONS

VALOREXSticky NoteQUESTIONS:

>How should "practice of profession" be interpreted, for the purpose of prohibition?Answer:-The prohibition of the "practice of profession does not include TEACHING-Teaching is considered only after office hours.-The prohibition of "active management" of a business, does not prohibit from owning a business but is prohibited in actively managing the business

>How should "active management" of a business be interpreted, for the purpose of prohibition?answer:-The prohibition of financial interests in government.

VALOREXSticky NoteWhat protective measures guarantee the commissions' independence?Answer:>As constitutionally created commissions, they cannot be abolished by law. An amendment to the constitution is required.

Secondary Protective Measures:1. Fixed Salary2. Fixed Term3. Permanent appointment4. Removed only by impeachment5. Fiscal autonomy6. Appointing power7. Rule-making power (en banc)

VALOREXHighlight

VALOREXHighlight

VALOREXSticky NoteThe "no report, no release" policy of the commission on audit , does apply to constitutional commissions enjoying fiscal autonomy.

VALOREXHighlight

Disqualifications:

Members cannot, during their tenure:

1) Hold any other office or employment;

2) Engage in the practice of any profession;

3) Engage in the active management or control of any

business, which, in any way, may be affected by the

functions of their office; and

4) Be financially interested, direct or indirect, in any

contract, franchise, privilege granted by the government,

any of its subdivisions, agencies, instrumentalities,

including GOCCs and their subsidiaries.

Note: The Ombudsman and his deputies are subject to

the same qualifications.

Section 3. SALARIES

The salary of the Chairman and the Commissioners

shall be fixed by law and shall not be decreased

during their tenure.

Salaries

1) Salaries are fixed by law and shall not be decreased

during their TENURE.

2) Decreases in salaries only affect those members

appointed AFTER increase.

3) Incumbent members do not lose any salary.

4) Increases take effect IMMEDIATELY.

Section 4.

The Constitutional Commissions shall appoint their

officials and employees in accordance with law.

Section 5.

The Commission shall enjoy fiscal autonomy. Their

approved annual appropriations shall be

automatically and regularly released.

Section 6. RULES OF PROCEDURE

Each Commission en banc may promulgate its own

rules concerning pleadings and practice before it or

before any of its offices. Such rules, however, shall

not diminish, increase, or modify substantive rights.

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

Procedures:

1) Rules: The Commissions may promulgate its own

rules EN BANC.

2) Limitation: It shall not:

a) Diminish,

b) Increase, or

c) Modify substantive rights.

3) Power of SC

a). The SC may not, under Art. VIII Sec. 5(5), exercise

the power to disapprove 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

Section 7. DECISION MAKING/APPEAL

Each Commission shall decide by a majority vote of

all its Members, any case or matter brought before it

within sixty days from the date of its submission for

decision or resolution. A case or matter is deemed

submitted for decision or resolution upon the filing of

the last pleading, brief, or memorandum required by

the rules of the Commission or by the Commission

itself. Unless otherwise provided by this Constitution

or by law, any decision, order, or ruling of each

Commission may be brought to the Supreme Court

on certiorari by the aggrieved party within thirty days

from receipt of a copy thereof.

Decision-Making:

1) Each commission shall decide matter or cases by a

majority vote of all the members within 60 days from

submission.

COMELEC may sit en banc or in 2 divisions.

Election cases, including pre-proclamation

controversies are decided in division, with motions

for reconsideration filed to the COMELEC en banc.

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

The SC has held that a majority decision decided

by a division of the COMELEC is a valid decision.

2) As COLLEGIAL BODIES, each commission must act

as one, and no one member can decide a case for the

entire commission. (i.e. The Chairman cannot ratify a

decision which would otherwise have been void).

Appeals:

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.

Enforcement:

It has been held that the CSC can issue a writ of

execution to enforce judgments which are final.

Section 8.

Each Commission shall perform such other

functions as may be provided by law.

ARTICLE 9B

THE CIVIL SERVICE COMMISSION

Section 1. COMPOSITION/QUALIFICATIONS/TERM

(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.

(2) The Chairman and the Commissioners shall be

appointed by the President with the consent of the

Commission on Appointments for a term of seven

years without reappointment. Of those first

appointed, the Chairman shall hold office for seven

years, a Commissioner for five years, and another

Commissioner for three years, without

reappointment. Appointment to any vacancy shall be

only for the unexpired term of the predecessor. In no

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

case shall any Member be appointed or designated in

a temporary or acting capacity.

Composition:

1) Chairman

2) Commissioners 2 commissioners

Qualifications:

1) Natural-born citizens of the Philippines;

2) At least 35 years old at the time of their appointments;

3) With proven capacity for public administration; and

4) NOT candidates for any elective position in the

elections immediately preceding their appointment.

5) Appointees by the President to the CSC need

Commission on Appointments (CA) confirmation

Term:

1) Chairman -7 years; Commissioner1 5 yrs;

Commissioner2 3 yrs

2) Limitation: single term only, no reappointment

3) Appointment to vacancy: only for unexpired term of

predecessor

4) No temporary appointments, or appointments in acting

capacity.

Section 2. Scope:

(1) The civil service embraces all branches,

subdivisions, 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 positions which

are policy-determining, primarily confidential, or

highly technical, by competitive examination.

(3) No officer or employee of the civil service shall be

removed or suspended except for cause provided by

law.

(4) No officer or employee in the civil service shall

engage, directly or indirectly, in any electioneering or

partisan political campaign.

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXSticky NoteWhen can you say that the appointee is with proven capacity for public administration?>The Constitution did not specify the criteria for the proven for public administration.

VALOREXSticky NoteDisqualificationsPolitical Lame Ducks>No candidate who has lost in any election shall, within one year after such election

Term and CA consent >Of those first appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and another commissioner for three years, without reappointment.

Prohibited Reappointment>"Reappointment" means a movement to one and the same office (Commissioner to Commissioner or Chairman to Chairman). An appointment involving a movement to a different position or office (Commissioner to Chairman) would constitute a new appointment and now a reappointment barred under the Constitution.

Vacancy and DesignationQuestions:First Rule: (Funa vs COA chair Villar, G.R. No. 192791, April 24, 2012)>The appointment of members of any of the three constitutional commissions, after the expiration of the uneven terms of office of the first set of commissioners, shall always be for a fixed term of seven (7) years; an appointment for the lesser period is void and unconstitutional.

Second rule:Appointments to vacancies resulting from a certain causes (death, resignation, disability or impeachment) shall only be for the unexpired portion of the term of the predecessor, but such appointments cannot be less than the unexpired term

third rule:members of the Commission [COA, comelec OR csc], WHO WERE APPOINTED FOR A FULL TERM

Fourth Rule.a COMMISSIONER WHO RESIGNS SERVING THE

>the aggregate period of the length of service as commissioner and the unexpired period of the term of the predecessor

Fifth Rule.>Any member of the Commision cannot be appointed or designated in a temporary or acting capacity.

VALOREXSticky NoteQuestions:>What is covered or embraced by the civil service/>Whether or not the CSC has Jurisdiction over administrative cases filed directly with it against officials of a chartered state university?>CSC vs Guevarra, G.R. 176162, Oct. 9, 2012

(5) The right to self-organization shall not be denied

to government employees.

(6) Temporary employees of the Government shall be

given such protection as may be provided by law.

The Civil Service embraces all:

A. branches,

B. subdivisions,

C. instrumentalities,

D. agencies of the government,

E. including GOCCs with original charters.

1.With Original Charter means that the GOCC was

created by special law/by Congress

2. If incorporated under the Corporation Code, it does not

fall within the Civil Service, and is not subject to the CSC

jurisdiction.

3. Even if once government-controlled, then becomes

privatized, ceases to fall under CSC.

4. Jurisdiction is determined as of the time of filing the

complaint.

Appointments to civil service shall be:

A. Competitive positions

According to merit and fitness to be determined by

competitive examinations, as far as practicable

except to positions which are policy-determining,

primarily confidential, or highly technical.

B. Non-competitive positions

1). No need for competitive examinations.

2). 3 kinds

a) Policy-determining formulate a method of

action for the govt

b) Primarily confidential more than ordinary

confidence; close intimacy insures freedom of intercourse

without betrayals of personal trust

c) Highly technical requires technical skill to a

superior degree.

C. The TEST to determine whether non/competitive is

the Nature of the responsibilities, NOT the

administrative or legislative description given to it.

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXSticky NoteSCOPE OF THE SYSTEM>The civil service embraces all branches, and subdivisions, instrumentalities, and agencies of the government, including GOCC's with original charters.

Embraced by CSC> All government agencies are covered without exception by the civil service. This includes the Economic Intelligence and Information Bureau. [EIIB vs CA, 299 SCRA 373]

>The University of the Philippines is part of the Civil service.

>The Boy Scout of the Philippines is an agency attached to DEPED.

>Water Districts

NOT Embraced by CSC>Government-owned or controlled corporations organixed under the Corporation Code are not covered by Civil Service Law.

>The Phil. National Red Cross

VALOREXSticky NoteMerit and Fitness>Appointments in the Civil service shall be made inly according to the merit and fitness to be determined, as far as practicable, and, except to positions

POSITION CLASSIFICATION>Positions in the civil service are classified into:>Competitive>Non - Competitive

D. Both types of positions are entitled to security of

tenure. They only differ in the MANNER in which they

are filled.

E. Who may be appointed:

1). RULE: Whoever fulfills all the qualifications

prescribed by law for a particular position may be

appointed therein.

2). The CSC cannot disapprove an appointment just

because another person is better qualified, as long as the

appointee is himself qualified.

3). The CSC CANNOT add qualifications other than

those provided by law.

F. Next-In-Rank Rule

While a person next in rank is entitled to

preferential consideration, it does not follow that

only he, and no one else, can be appointed. Such

person has no vested right to the position and the

appointing authority is not bound to appoint the

person next in rank.

Tenure (Classification of Positions)

Career Service Non-Career Service

1. Entrance based on merit and fitness to be determined as far as practicable by competitive examinations or based on highly technical qualifications.

1. Entrance on bases OTHER than usual tests of merit and fitness.

2. Entitled to security of tenure

1. Tenure limited to:

a) Period specified by law,

b) Coterminous with the

appointing authority or

subject to his pleasure, or

c) Limited to the duration

of a particular project for

which purpose the

employment was made.

3. With opportunity for advancement to higher career positions.

Security of Tenure:

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

1) Officers or employees of the Civil Service cannot be

removed or suspended EXCEPT for cause provided by

law. It guarantees both procedural and substantive due

process.

2) For LEGAL CAUSE Cause is:

a). related to and affects the administration of office, and

b). must be substantial (directly affects the rights &

interests of the public)

3) Security of tenure for Non-competitive positions

a). Primarily confidential officers and employees hold

office only for so long as confidence in them remains.

b). If there is GENUINE loss of confidence, there is no

removal, but the expiration of the term of office

c). Non-career service officers and employees do not

enjoy security of tenure.

d). Political appointees in the foreign service possess

tenure coterminous with that of the appointing authority

or subject to his pleasure.

4) 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.

Abolition of Office

To be valid, abolition must be made:

(a) In good faith; (good faith is presumed)

(b) Not for political or personal reasons; and

(c) Not in violation of law

Temporary employees are covered by the following

rules:

1). Not protected by security of tenure can be removed

anytime even without cause

2). If they are separated, this is considered an expiration

of his term.

3). BUT: They can only be removed by the one who

appointed them.

4). Entitled only to such protection as may be provided by

law.

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

No officer or employee in the Civil Service shall

engage in any electioneering or in partisan political

activity

1) Cannot solicit votes in favor of a particular candidate.

2) Cannot give campaign contributions or distribute

campaign materials.

3) BUT: Allowed to express views on political issues,

and to mention the names of the candidates whom he

supports.

4) Prohibition does not apply to department secretaries

Right to organize

The right to organize does NOT include the right to strike

Section 3.

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. 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. It shall submit to the President and

the Congress an annual report on its personnel

programs.

Section 4.

All public officers and employees shall take an oath

or affirmation to uphold and defend this Constitution.

Section 5.

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.

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

Sections 6-7. DISQUALIFICATION

Section 6.

No candidate who has lost in any election shall,

within one year after such election, be appointed to

any office in the Government or any Government-

owned or controlled corporations or in any of their

subsidiaries.

Section 7.

No elective official shall be eligible for appointment

or designation in any capacity to any public office or

position during his tenure.

Unless otherwise allowed by law or by the primary

functions of his position, no appointive official shall

hold any other office or employment in the

Government or any subdivision, agency or

instrumentality thereof, including Government-

owned or controlled corporations or their

subsidiaries.

Disqualifications

1) Losing candidates in any election

a). Cannot be appointed to any office in the government

or GOCCs or their subsidiaries.

b). Period of disqualification: One (1) year after such

election.

2) Elective officials

a). Not eligible for appointment or designation ANY

CAPACITY to ANY PUBLIC OFFICE or position during

their tenure.

b). EXCEPTION: May hold ex officio positions.

Examples:

The Vice President may be appointed Cabinet

member

Congressman may sit in the Judicial and Bar

Council

c). To be eligible to hold any other office, the elected

official must first resign his office

d). Even Congress cannot, by law, authorize the

appointment of an elective official.

3). Appointive officials

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

a). Cannot hold any other office or employment in the

government, any subdivision, agency, instrumentality,

including GOCCs 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

contained therein.

Section 8. 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.

Pensions or gratuities shall not be considered as

additional, double, or indirect compensation.

1) Prohibitions: applies to elected or appointed officers

and employees

Cannot receive:

A. Additional - an extra reward given for the same office

i.e. bonus

B. Double - when an officer is given 2 sets of

compensation for 2 different offices held concurrently by

1 officer

C. Indirect Compensation

2) EXCEPTION: Unless specifically authorized by law

A. SPECIFICALLY AUTHORIZED means a specific

authority particularly directed to the officer or

employee concerned.

B. BUT: per diems and allowances given as

REIMBURSEMENT for expenses actually incurred are

not prohibited

3) Cannot accept any present, emolument, office, title of

any kind from foreign governments UNLESS with the

consent of Congress.

4) Pensions and gratuities are NOT considered as

additional, double, or indirect compensation.

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

ARTICLE 9C

THE COMMISSION ON ELECTIONS

Section 1. COMPOSITION/QUALIFICATIONS/TERM

(1) There shall be a Commission on Elections

composed of a Chairman and six Commissioners

who shall be natural-born citizens of the Philippines

and, at the time of their appointment, at least thirty-

five years of age, holders of a college degree, and

must not have been candidates for any elective

positions in the immediately preceding elections.

However, a majority thereof, including the Chairman,

shall be members of the Philippine Bar who have

been engaged in the practice of law for at least ten

years.





appointed, three Members shall hold office for seven

years, two Members for five years, and the last

Members for three years, without reappointment.

Appointment to any vacancy shall be only for the

unexpired term of the predecessor. In no case shall

any Member be appointed or designated in a

temporary or acting capacity.

Composition: (7)

1) Chairman and

2) Commissioners (6)

Qualifications:

1) Natural-born citizens of the Philippines;

2) At least 35 years old at the time of appointment

3) Holders of college degrees; and

4) Not candidates for any elective position in the

immediately preceding elections.

5) Majority of the Commission, including the Chairman

must be:

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

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXSticky NoteChair must be a member of the Philippine Bar

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXSticky Note3 out of 3 must be members of the Philippine Bar

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

application of law, legal procedure, knowledge, training

and experience.

6) Appointments subject to CA approval

Term:

1) Chairman -7 yrs; 3 Members 7 yrs; 2 Members 5

yrs; 1 Member 3 yrs.

2) LIMITATION: Single term only: no reappointment

allowed

3) Appointment to a vacancy: only for unexpired portion

of predecessors term

4) No temporary appointments, or appointments in acting

capacity

a). Thus, the President cannot designate an incumbent

commissioner as acting Chairman.

b). The choice of temporary chairman falls under the

COMELECs discretion.

Section 2. POWERS AND FUNCTIONS

Sec. 2. 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.

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXSticky NoteIncumbent = someone who holds an official post at a particular time.

VALOREXHighlight

(5) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration.

Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections, constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law.

(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.

(7) Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election

frauds, offenses, malpractices, and nuisance candidates.

(8) Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its directive, order, or decision.

(9) Submit to the President and the Congress, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.

Powers:

1) Enforce and administer all laws and regulations

relative to the conduct of an election, plebiscite, initiative,

referendum, and recall.

(a) Ex: COMELEC can enjoin construction of public

works within 45 days of an election.

1) Exercise:

A. Exclusive original jurisdiction over all contests relating

to the elections, returns, and qualifications of all elective

1. Regional,

2. Provincial, and

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXSticky NoteEnjoin = stop

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXSticky NotePowers Withheld1. to transfer a municipality from one district to another2. to canvass the votes for the election of President and Vice -President (this power is for the congress)3. to determine the right to vote4. inclusion and exclusion of voters (this power is for the court)5. to decide on the qualification of members of Congress after proclamation

Three-Fold Powers>Cipriano vs COMELEC GR. 158830, Aug. 10, 2004-The COMELEC is an institution created by the Constitution with a mandate to "enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum and recall." It is clothed with the three powers: 1. Quasi-Executive or administrative powers-include the power to appoint election officials, conduct registration of voters deputize law enforcement agencies, register political parties, prosecute electoral offense...2. Quasi - legislative authority-is found in its power to promulgate rules and regulations implementing the provisions of OMNIBUS ELECTION CODE or other laws which the Commission is required to enforce and administer.>Promulgation of Comelec Rules of Procedure>Promulgation of Implementing Rules on all Laws on Suffrage.>Comelec en banc Resolutions prescribing guidelines for -- -Voter's Registration-Suspension of Public works and Gun Ban-Automated Voting, etc.3. Quasi - Judicial Powers-the COMELEC has 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 and elective barangay officials decided by trial courts.

Sec. 2(2), Article 9C-Decisions, final orders, or rulings of the Commission on Election contests involving elective municipal and barangay offices shall be final, executory, and not appealable.>Decisions, final orders, or rulings of the COMELEC contests involving elective municipal and barangay offices shall be final, Executory, and not appealable. But the non-appealable character refers only to questions....

3. City officials

B. Appellate jurisdiction over all contests involving:

1. Elective municipal officials decided by trial courts of

general jurisdiction

2. Elective barangay officials decided by trial courts of

limited jurisdiction.

C. Decisions, final orders, or rulings of the Commission

on election contests involving elective municipal and

barangay offices shall be final, executory, and not

appealable.

Exception: Appealable to the SC on questions of law.

1. Contempt powers

1. COMELEC can exercise this power only in relation to

its adjudicatory or quasi-judicial functions. It CANNOT

exercise this in connection with its purely 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 functions.

E. The COMELEC may issue writs of certiorari,

prohibition and mandamus in exercise of its appellate

jurisdiction. This is not an inherent power.

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.

Note: Questions involving the right to vote fall within the

jurisdiction of the ordinary courts.

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.

a). This power is NOT limited to the election period.

b). Applies to both criminal and administrative cases.

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

5) Registration of political parties, organizations, or

coalitions/accreditation of citizens arms of the

Commission on Elections.

a). The political parties etc. must present their platform or

program of government.

b). There should be sufficient publication

c). Groups which cannot be registered:

i. Religious denominations/sects

ii. Groups which seek to achieve their goals through

violence or unlawful means

iii. Groups which refuse to uphold and adhere to the

Constitution

iv. Groups which are supported by any foreign

government.

d). BUT: Political parties with religious affiliation or which

derive their principles from religious beliefs are

registerable.

e). Financial contributions from foreign governments and

their agencies to political parties, organizations,

coalitions, or candidates related to elections constitute

interference in national affairs. If accepted, it is an

additional ground for the cancellation of their registration

with the Commission, in addition to other penalties that

may be prescribed by law.

1) File, upon a verified complaint, or on its own

initiative, petitions in court for inclusion of exclusion of

voters; investigate and, where appropriate, prosecute

cases of violations of election laws, including acts or

omissions constituting elections frauds, offenses and

malpractices.

1. COMELEC has exclusive jurisdiction to investigate

and prosecute cases for violations of election laws.

2. COMELEC can deputize prosecutors for this

purpose. The actions of the prosecutors are the

actions of the COMELEC

3. Preliminary investigation conducted by COMELEC

is valid.

2) Recommend to the Congress effective measures to

minimize election spending, including limitation of places

where propaganda materials shall be posted, and to

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXSticky NoteThe grants of the exclusive power to prosecute is found on section 265 , Bp 881

prevent and penalize all forms of election frauds,

offenses, malpractices, and nuisance candidacies.

3) 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 or,

or disobedience to its directive, order, or decision.

4) Submit to the President and the congress a

comprehensive report on the conduct of each election,

plebiscite, initiative, referendum, or recall.

Section 3. RULES OF PROCEDURE/DECISION-

MAKING

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.

Rules of Procedure

1) COMELEC can sit en banc or in two divisions

2) It has the power to promulgate its own rules of

procedure in order to expedite disposition of election

cases, including pre-election controversies.

Decision-Making

1) Election cases should be heard and decided in

division. Provided that,

2) Motions for reconsideration of decisions should be

decided by COMELEC en banc.

3) Decisions mean resolutions on substantive issues.

2) If a division dismisses a case for failure of counsel to

appear, the Motion for Reconsideration here may be

heard by the division.

3) EXCEPTION: COMELEC en banc may directly

assume jurisdiction over a petition to correct manifest

errors in the tallying of results by Board of Canvassers.

Section 4. SUPERVISION/REGULATION OF

FANCHISES / PERMITS / GRANTS / SPECIAL

PRIVILEGES / CONCESSIONS

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

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.

Such supervision or regulation shall aim to ensure

equal opportunity, and 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.

Regulation of franchises

A. What can COMELEC supervise or regulate

1). The enjoyment or utilization of all franchises or

permits for the operation of transportation and other

public utilities, media of communication or information.

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

1). During the election period

a). Under Article XI, Section 9, the election period

commences 90 days before

the day of the election and ends 30 days thereafter.

b). In special cases, COMELEC can fix a period.

2). Applies not just to elections but also to plebiscites and

referenda.

3). Plebiscite: Submission of constitutional amendments

or important legislative measures to the people

ratification

4). Referendum: power of the electorate to approve or

reject legislation through an election called for that

purpose.

COMELEC and the MEDIA

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXSticky NoteThe holding of exit polls and the dissemination of their results through mass media constitute and essential part of the freedom of speech and of the press. Hence, the COMELEC cannot ban them in the guise of promoting clean, honest, orderly and credible elections.

1). COMELEC cannot compel print media to donate free

space to the COMELEC. It may, however, compel it to

provide space after paying just compensation.

2). Power of COMELEC is over franchises and permits,

NOT individuals. For example, COMELEC may not

regulate media practitioners, for this would violate the

freedom of expression.

Section 5. 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.

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 6

Definition of Political Party

A free and open party system shall be allowed to

evolve according to the free choice of the people,

subject to the provisions of this Article.

organized group of persons pursuing the same

political ideals in a government and includes its

branches, and divisions

Importance of registration of a political party

1) Registration confers juridical personality on the

party.

2) It informs the public of the partys existence and

ideals.

3) It identifies the party and its officers for purposes of

regulation by the COMELEC.

Section 7.

No votes cast in favor of a political party,

organization, or coalition shall be valid, except for

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXSticky NotePardons, etc.

This provision is the same as that in the 1973 Constitution except for the specification that the recommendation of the Commission must be "favorable"

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXSticky NoteCan the COMELEC discipline deputized officers? YES

those registered under the party-list system as

provided in this Constitution.

Prohibition on block-voting

1) General rule: Block voting NOT allowed

2) EXCEPTION: those registered under the party-list

system

Section 8. 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. However, they shall be

entitled to appoint poll watchers in accordance with

law.

No Right to be Represented in Various Boards

Political parties, organizations, or coalitions

registered under the party-list system shall NOT be

represented in the following:

1). Voters registrations boards,

2). Boards of election inspectors,

3). Boards of canvassers, or

4). Other similar bodies.

Poll Watchers

Political parties, etc. are 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.

Section 10.

Bona fide candidates for any public office shall be

free from any form of harassment and discrimination.

This section does not give candidates immunity

from suit.

Discrimination includes unequal treatment in the

availment of media facilities.

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXSticky NoteBlock voting a voting system with multiple winners and a checkbox ballot

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXSticky NoteElection period and Campaign period

-The election period must be distinguished from the campaign period. The former refers to the period of time needed for administering an election. It can thus go beyond the date for the casting of ballots. Section 9 sets it at ninety days before the day of the election to thirty days thereafter. In special cases, however, the Commission is authorized to fix a different period.The campaign period refers to the period of active solicitation of votes. This may be set by the legislature for a period less than the election period in Section 9.

Campaign period>For President, Vice-President and Senators (90) days before the date of the election.>For members for the HOR and elective provincial and municipal, 45 days before the date of election>For barangay officials, 15 days before the date of the election.

Premature Campaigning>Sec80, BP 881, on premature campaigning, explicitly provides that "[i[t shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity, except during the campaign period."

>May premature campaigning be committed by a person who is not a candidate? -Yes under Sec. 80, BP 881, premature campaigning may be committed by any person whether or not a voter or candidate.

Penera vs. COMELEC GR 181613, Nov. 25, 2009 (MR)>A person who files a certificate of candidacy is not a candidate until the start of the campaign period. Section 15 of RA 8436, as amended by RA 9369, allowing political partisan activities before the start of the campaign period is consistent with freedom of expression or speech.

>Congress has laid down the law. This court has no power to ignore the clear and express mandate of the law that "Any person who files his certificate of candidacy within [filing] period shall only be considered a candidate at the start of the campaign period for which he filed his certificate of candidacy."

VALOREXHighlight

VALOREXSticky NoteEqual protection of Candidates.- Section 10 is nothing more than a specification of the equal protection clause of the Bill of Rights. Report No. 1 of the Commission on Elections Committee of the 1971 Constitutional Convention explained the provision thus:

This provision is to be understood as having special reference to unaffiliated or partyless bona fide candidates. Extending to them the equal protection of the law is but a matter of elementary justice. If the State guarantees equal protection to groups of individuals such as political parties, it is but logical that the same protection be made available to individuals, separately, without discrimination in any form.

VALOREXHighlight

VALOREXHighlight

Section 11. FUNDING

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.

How provided

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.

2) Funds should be certified by the COMELEC as

necessary.

Release of funds

Once approved, funds should be released

automatically upon certification by the Chairman of

COMELEC.

ARTICLE 9D

THE COMMISSION ON AUDIT

Section 1. COMPOSITION/QUALIFICATIONS

(1) There shall be a Commission on Audit 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, Certified Public Accountants with not less than

ten years of auditing experience, or members of the

Philippine Bar who have been engaged in the

practice of law for at least ten years, and must not

have been candidates for any elective position in the

elections immediately preceding their appointment.

At no time shall all Members of the Commission

belong to the same profession.





appointed, the Chairman shall hold office for seven

VALOREXHighlight

VALOREXSticky NoteFiscal AutonomyThis provision, together with the exemption of the Commission from pre-audit, should help towards strengthening the independence of the Commission.

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXSticky NotePre-audit and Post Audit>The COA 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 the GOCC's with original charters.

years, one Commissioner for five years, and the

other Commissioner for three years, without

reappointment. Appointment to any vacancy shall be

only for the unexpired portion of the term of the

predecessor. In no case shall any Member be

appointed or designated in a temporary or acting

capacity.

Composition:

1) Chairman, and

2) Commissioners (2).

Qualifications:

1) Natural-born citizens of the Philippines

2) At least 36 years old at the time of their appointment;

3) Either:

a). CPAs with at least 10 years auditing experience; or

b). Members of Phil. Bar with 10 years of practice.

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 immediately preceding their

appointment.

Term:

1) Chairman -7 yrs; Commissioner1 -5yrs;

Commissioner 2 -3 yrs.

2) LIMITATION: Single terms only; no re-appointment

allowed

3) Appointments to any vacancy shall only be for the

unexpired portion of predecessors term.

Section 2. POWERS

(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,

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

commissions and offices that have been granted

fiscal autonomy under this Constitution; (b)

autonomous state colleges and universities; (c) other

government-owned or controlled corporations and

their subsidiaries; and (d) such non-governmental

entities receiving subsidy or equity, directly or

indirectly, from or through the Government, which

are required by law or the granting institution to

submit to such audit as a condition of subsidy or

equity. However, where the internal control system of

the audited agencies is inadequate, the Commission

may adopt such measures, including temporary or

special pre-audit, as are necessary and appropriate

to correct the deficiencies. It shall keep the general

accounts of the Government and, for such period as

may be provided by law, preserve the vouchers and

other supporting papers pertaining thereto.

(2) The Commission shall have exclusive authority,

subject to the limitations in this Article, to define the

scope of its audit and examination, establish the

techniques and methods required therefor, and

promulgate accounting and auditing rules and

regulations, including those for the prevention and

disallowance of irregular, unnecessary, excessive,

extravagant, or unconscionable expenditures or uses

of government funds and properties.

1) Examine, audit, and settle accounts pertaining to:

1. Revenue and receipts of funds or property; or

2. Expenditures and uses of funds or property

Owned or held in trust by, or pertain to:

1. The Government;

2. Any of its subdivisions, agencies or

instrumentalities;

3. Including GOCCs with original charters.

2) Conduct post-audit with respect to the following:

1. Constitutional bodies, commissions, and offices

granted fiscal autonomy;

2. Autonomous state colleges and universities;

3. GOCCs and their subsidiaries incorporated under

the Corporation Code.

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

4. 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.

3) If COA finds internal control system of audited

agencies as inadequate, COA may adopt measures,

including temporary or special pre-audit, as may be

necessary.

4) Keep the general accounts of the government,

preserving vouchers and other supporting papers

pertaining thereto.

5) Exclusive authority to define the scope of COAs

audit and examination and to establish the techniques

and methods required therefor.

6) Promulgate accounting and auditing rules and

regulations.

1. Including those for the prevention or disallowance

of irregular, unnecessary, excessive, extravagant,

or unconscionable expenditures or uses of

government funds and properties.

2. Failure to comply with these rules can be a ground

for disapproving the payment of a proposed

expenditure.

Note:

1) The functions of COA can be classified as:

1. Examine and audit all forms of government

revenues;

2. Examine and audit all forms of govt expenditures

3. Settle govt accounts

4. Promulgate accounting and auditing rules (including

those for the prevention of irregularexpenditures.

5. To decide administrative cases involving

expenditures of public funds.

2) COA can settle only LIQUIDATED ACCOUNTS or

those accounts which may be adjusted simply by

arithmetic process.

3) COA has authority not just over accountable officers

but also over other officers who perform functions related

to accounting such as verification of evaluations and

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

computation of fees collectible, and the adoption of

internal rules of control.

4) COA does not have the power to fix the amount of

an unfixed or 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 payment:

1. There is a law appropriating funds for a particular

purpose;

2. There is a contract, made by the proper officer,

entered into in conformity with the above-mentioned

law;

3. 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

4. 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 COAs 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.

Section 3.

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 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.

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

VALOREXHighlight

Documents

Article 9 Edit