Cont.

, Judiciary
Quasi-legislative authority of constitutional commissions (concom)
COMELEC

o
Sec. 2, par. 1, Article IX-C
Enforce and administer all laws and regulations relative to the conduct

of an election, plebiscite, initiative, referendum, and recall

CSC

o
Sec. 3, Article IX-B
Establishes the CSC as central personnel agency of the government;

Establish career service and adopt measures to promote

morale, efficiency, integrity, responsiveness, progressiveness, and
courtesy in the civil service;

Strengthen the merit and reward system, integrate all human

resources development programs for all levels and ranks, and
institutionalize a management climate conducive to public
accountability
COA

o
The only concom that was expressly given quasi-legislative authority
o
Sec. 2, Article IX-D
To define scope of its audit and examination;

To establish techniques and methods required therefor;

To 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
Sec. 6 = administrative supervision of the SC over courts and personnel
For purposes of bolstering the independence of the judiciary

Sec. 11 = disciplining authority of the SC over judges, court personnel, members of

the bar
When a complaint is filed with the Ombudsman against a member of the judiciary

o
Refer to the SC for determination of administrative aspect;
o
Ombudsman free to proceed with the criminal aspect
In so far as administrative matters are concerned, SC has jurisdiction even over non
work related matters;
o
Andal v CSC; Ampong v CSC
LTO clerk; passed the bar; became RTC clerk; case was filed against

him with the CSC in connection with his work back when he was with the
LTO; Would CSC have jurisdiction?

NO. The SC has jurisdiction him being currenlty a RTC clerk.

Personnel of judiciary need only one clearance if they retire = clearance from the SC

o
However, criminal clearance requirements from the SB is still required
Sec. 7 and 8 = qualifications for judgeship and the JBC
Supreme court

o
Natural-born citizen
o
At least 40 years old
o
15 years a judge of the lower court or in the practice of law
Lower courts

o
PH citizen
o
Member of the PH bar

Basic traits of a judge

o
Competence
o
Integrity
o
Probity
o
Independence
Members of the JBC
o
CJ = ex-officio chairman
o
DOJ Sec = ex-officio member
o
1 representative from Congress = ex-officio member
o
1 representative from the IBP
o
1 professor of law
o
1 retired member of the SC
o
1 representative from the private sector
Function of the JBC
o
recommending appointees to the judiciary
Jardeleza v JBC
o
Integrity issue
Unanimity rule applies

o
Sereno objected to Jardeleza's nomination on the following grounds she
alleged to be integrity issues:
When he was SolGen, he took a position considered "treacherous", as it

was different from the legal position of the government

Alleged to have engaged in illicit relations when he was in San Miguel;

Insider trading

o
Note: authority of the SC over the JBS is limited to supervision
JBC is not subordinate to the SC as it is an independent body

o
SC: the 1st ground = not an integrity issue; lawyers always differ in opinion,
etc.
2nd and 3rd ground = integrity issue, founded on morality

However, Jardeleza was not given real opportunity to be heard;

Due process violation

Villanueva v JBC
o
The JBC is not an administrative body; its rules are not required to be
registered with the national administrative registry

Sec. 9 = appointment by president of members of the judiciary

Sec. 12 = members of the SC and other courts shall not be designated in agencies
performing quasi judicial or administrative functions
Sec. 14 = need for every decision to state facts and law on which it was based
Due process requirement

Applies only to courts;

For administrative bodies = basis is Ang Tibay rights, not Sec. 14

Minute resolutions

o
Requirement for decision to state facts and law on which it is based is required
only if there was a full pledged trial;
o
If dismissal does not spring from a full pledged proceeding, a minute
resolution is justified;
Sec. 15 = deadlines for decisions
SC = 24 months

Other collegiate courts = 12 months

SB = considered trial court = 3 months

Article IX = Constitutional Commissions (concom)

Qualifications

CSC (3)
1.
2.

COMELEC (7)
Natural

born;

At least 35
years old at the time of
appointment;
3.
Must not
have been candidates for any
elective position in the
elections immediately
preceding their appointment
4.
With proven
capacity for public
administration

1.
2.

COA (3)
Natural

born;

1.

Natur
al born;

At least 35 2.
At
years old at the time of
least 35 years old at
appointment
the time of
3.
Holder of
appointment;
college degree
3.
CPA
4.
Must not
with at least 10 years
have been candidates for any
experience or member
elective position in the
of the PH bar engaged
elections immediately
in the practice of law
preceding their appointment;
for at least 10 years;
5.
Majority,
4.
must
including chairman, must be
not have been
members of the PH bar,
candidates for any
engaged in the practice of
elective position in the
law for at least 10 years
elections immediately
preceding their
appointment;
5.
At no
time shall all
commissioners belong
to the same profession

All follows staggered terms

7, 5, 3
1.
Of those first appointed = 7 years, then, 5, then 3
Any vacancy, their successors shall only serve the balance of their

term
Funa v Chairman of the Commission on Audit
Not eligible for re-appointment (concom)

Chairman Agra? appointed Feb 2000; term ends 2007;

Associate Commissioner Villar appointed 2000; term ends 2011;

GMA designated Villar as acting chairman when Agra's term expired;

1.
According to Brillantes case, designation unconstitutional; cannot be
designated in an acting capacity;
2.
But became moot as GMA appointed Villar as Chairman on his 3rd
year;
Villar's chairmanship will end 2011, as his original term ends in 2011;

1.
Villar contended that he is entitled to a fresh term.
Funa said: the promotion from associate to chairman is a re
appointment

SC: No. re-appointment are those appointments in the same position;

his appointment is one of a promotional appointment; and for a promotional
appointment to be valid:
1.
Vacancy in the position must have arisen by reason of death, disability,
resignation or removal, in other words, accidental; thus Villar's appointment
is invalid; vacancy = expiration of term
2.
Assuming there is accidental vacancy, the one to be promoted can be
promoted if his remaining term can cover for the remaining term of the
vacant position;
3.
Rule: Do not upset staggered term progression.
4.
One to be promoted must first resign his associate commissionership

Article IX-B = CSC

Funa v Duque

o
Concom may not hold any other office. Period.
CSC mode of appeal = 42

COA/COMELEC = 64

Some things to note:

o
GOCCs with original charters
Governed by CSC

Sequestered corporations are not necessarily GOCCs with original

charter

There are those established under general law thus, is not

governed by the CSC
Does SB have jurisdiction over GOCCs with or without original charter?

In criminal aspect, YES.

o
Government instrumentality with corporate powers (GICP)
Governed by the CSC

instrumentalities or agencies of the government, which are neither

corporations nor agencies integrated within the departmental framework,

but vested by law with special functions or jurisdiction, endowed with some
if not all corporate powers, administering special funds, and enjoying
operational autonomy usually through a charter
o
Government financial institutions (GFI)
Governed by the CSC

financial institutions or corporations in which the government directly

or indirectly owns majority of the capital stock

READ: Pililia Water District v CSC for highly technical, primarily confidential concepts, etc.
Security of tenure

o
Revised rules of procedure in administrative proceedings under the CSC:
Preliminary investigation

Investigation proper

o
A formal investigation not preceded by a PI is a nullity.
Charge

Kinds (same but different origin)

Formal

One that is instituted within the organization itself

Notice of charge

One that emanated from an outside complaint

Proceedings ensue

Preventive suspension may be resorted to

was

Nature:
Not a penalty; designed merely as a measure of
precaution so that the official or employee charged may be
removed from the scene of his/her alleged
misfeasance/malfeasance/nonfeasance while the same is being
investigated.
Grounds
Dishonesty;
Oppression;
Grave Misconduct;
Neglect in the Performance of Duty;
Administrative offenses which are punishable by
dismissal from the service on its second or third offense; or
If there are reasons to believe that the respondent is
guilty of charges which would warrant his/her removal from the
service.
Maybe issued ex parte
No MR allowed;
Appeal with CSC within 15 days
Grounds for appeal
Issued by person not authorized

Issued without charge or notice of charge

Issued for grounds not allowed under the rules

Period of suspension longer than that prescribed

by the rules
CSC = 90 days

LGC = 6 months

Ombudsman = 6 months

SB = 90 days

Would a person who suffered from preventive suspension, and

exonerated be entitled to backwages?
Two kinds of PS:
Pending investigation = no back wages, even if

exonerated
Pending appeal

If meted the penalty of dismissal and

affirmed by the Secretary, that is already final and

person considered dismissed or ousted;
If exonerated on appeal, period from his

ouster, up to his exoneration is considered preventive

suspension pending appeal
Backwages may be allowed if:

There is exoneration (not

merely a reduction of penalty)

Period of his preventive

suspension pending appeal must be found

to be illegal;
How to determine?
Look at the period
If he had served more than the
period allowed = illegal

Thus, it can be said that any PS

pending appeal is illegal.

Partisan political activity, i.e. campaigning

o
Special prohibition on AFP, etc. = active service only
o
Seeres v HRET
Petition to consider the LRT administrator, who was concurrently

president of BUHAY party list, to have engaged in PPA, as he signed

something in his capacity as president of BUHAY;
SC: Signing as president and doing nothing more could hardly be

considered PPA
Right to self organization
o
May civil servants form a union? YES.
o
May they collectively negotiate? YES.
o
May they strike? NO.
o
GSIS cases on concerted activities
1st GSIS case = wildcat strike which resulted in unlawful disruption of

work

CSC may rightfully affirm dismissal

2nd GSIS case = employees wore black/red? Shirts as sign of protest

SC: allowed as they did not cause serious disruption of work

o
Laguio cases
SC upheld teachers' dismissal

Serious disruption of work

Sec. 6
o
No candidate who lost in any election shall within 1 year after such be
appointed to any office;
o
Relate with Sec. 94 of the LGC
If candidate loses in a barangay election = this prohibition does not

apply
Double compensation
o
Veloso v CoAudit
While LGs are autonomous, it would not serve to exclude them from

the scrutiny of the CoAudit

even if on the basis of an illegal agreement, no need to return

improperly received amount if:

In good faith;

On the basis of quantum meruit;

Article IX-C = COMELEC

Sec. 2 = powers of the COMELEC
Source of quasi legislative power

exclusive original jurisdiction of the COMELEC

o
Over all contests relation to elections, returns, qualifications of all elective
regional, provincial and city officials
Appellate

o
Over contests involving elective municipal officials decided by trial courts of
general jurisdiction, or barangay officials decided by trial courts of limited
jurisdiction

All election cases is to be heard by a division, MR = en banc

o
But there are cases where COMELEC en banc acted independently prior a
division ruling:

Jalosjos v COMELEC
COMELEC annulled CoC
Took judicial notice of the fact that Jalosjos was suffering from
permanent absolute DQ

COMELEC motu proprio cancelled CoC

Jalosjos: before en banc could have acted at all, there must first
be prior division ruling

SC: COMELEC en banc was acting in an administrative capacity,

taking judicial notice of his PADQ
Serafica v COMELEC

Disallowed substitution by COMELEC en banc

SC: not valid; and not in administrative capacity

The ground for the disallowance was misrepresentation

in age, as such quasi-judicial proceedings are required;

o
From a division, can one proceed directly to the SC via 64? No. En banc
COMELEC first;
Exception: Kho v COMELEC

Where division decision clearly tainted with GAD

Kabataan Party-list v COMELEC
o
Constitutionality of the biometrics registration law = sustained by the SC
COMELEC cannot decide on the right to vote, as such is lodged with the courts, but
may register voters;
o
No conflict as petition for inclusion/exclusion of voters is available remedy;
o
Matter of registration of voters is only preliminary to a petition for
inclusion/exclusion; ruling on the right to vote is still lodged with the courts
LP v COMELEC
o
Every political party must undergo twin requirements of registration and
accreditation
Includes coalitions

o
Power to register parties would entitle the COMELEC to rule even upon intraparty conflicts
Is power of the COMELEC to prosecute election offenses exclusive?
o
No, concurrent with the DOJ; delegated with DOJ prosecutors
May COMELEC postpone elections? YES.
Pre-proclamation controversies
o
May still be entertained
o
Necessarily connected with canvassing, e.g. illegal composition of the board of
canvassers

Sec. 4 = authority to regulate mass media

E.g. a law/resolution requiring newspapers of general circulation to reserve a page for

COMELEC announcements = exercise of power of eminent domain = just compensation

required
o
A law/resolution requiring media stations to reserve 30 minutes air time for
COMELEC = police power = no just compensation required
SWS v COMELEC

o
Effort to regulate the release of survey companies
Upon release of survey = source of funding must be disclosed

o
SWS: Prior restraint!
o
SC: No prior restraint; just added qualification, but they are not prevented
from releasing their survey results

Sec. 5 = limitations on pardoning power of president

Election offenses only

Sec. 6 = free and open party system

Prohibition against block voting

Sec. 7 = no appointments or transfers during election