Constitutional Law Silliman University College of Law

1. COMMISSION ON AUDIT 2. CIVIL SERVICE COMMISSION 3. COMMISSION ELECTIONS

 SECTION 1, ARTICLE IX  SALARY IS FIXED BY LAW AND NOT DECREASED DURING THEIR TERM  FISCAL AUTONOMY  CAN PROMULGATE ITS OWN RULES CONCERNING PLEADINGS AND PRACTICE

Can Congress abolish the Constitutional Commissions?

 Chairman and 2 Commissioners  Natural-born citizens  35 years of age  Proven capacity for public administration  Not candidates in preceding election  Term: 7 (Chair), 5 and 3 years (members)  Appointment: President with confirmation of Commission on Appointments  No reappointment, no temporary capacity

 All branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned and controlled corporations

 Appointments according to merit and fitness  Removal or suspension according to law  No electioneering or partisan political activity  Right to self-organization  Right to a union for rank and file, no right to strike  Standardization of compensation

 Appointment of candidates who lost in the elections: 1 year after the election  Elective officials cannot concurrently hold appointive positions  No double remuneration for election officials, except pensions and gratuities

 Brillantes vs. Yorac, G.R , December 19, 1990  Aratuc vs Comelec, 88 SCRA 251  UP vs. Regino, G.R , May 3, 1993

 Chairman and 6 Commissioners  Natural-born citizens  35 years of age  Holder of a college degree  Majority must be members of the IBP  Not candidates in preceding election  Term: 7 (Chair),7 (3 members) 5 (2 members) and 1 year (1 member)  Appointment: President with confirmation of Commission on Appointments  No reappointment, no temporary capacity

 Enforce and administer all laws as regards the conduct of elections  Exercise original jurisdiction over all contests relating to elections for the regional, provincial and city officials and appellate jurisdiction over municipal and barangay officials decided by municipal courts  Decide the number and location of all polling places, appointment of election officials and registration of voters  Deputize armed forces for elections

 Register political parties  File petitions for exclusion or inclusion of voters, investigate violations of election laws  Recommend to Congress measures to minimize election spending  Recommend to the President the removal of any officer or employee deputized  Submit to the President and Congress a comprehensive report of each election, plebiscite, initiative, referendum or recall  Section 4: During the election period, supervise the grant of franchise for operation of transportation and other public utilities

 Comelec may sit en banc or in two divisions  Can promulgate its own rules of procedure  All pardons on election of offenses should be with recommendation of Comelec  Votes for a party-list shall only be counted if registered with Comelec  Free and open party system  Election period: 90 days before election day

 Chairman and 2 Commissioners  Natural-born citizens  35 years of age  Certified public accountant with 10 years auditing experience  Members of the IBP with 10 years experience  Not candidates in preceding election  Term: 7 (Chair),5 (1 member) 3 (1 member)  Appointment: President with confirmation of Commission on Appointments  No reappointment, no temporary capacity

 Post-audit  Constitutional bodies, commissions and offices granted fiscal autonomy  Autonomous colleges and universities  Other GOCCs and subsidiaries  NGOs receiving subsidy from government, directly or indirectly  Pre-audit  If the internal control system of the audited agencies is inadequate  EXCLUSIVE AUTHORITY: define the scope of its audit, establish techniques and methods, promulgate accounting rules and regulations

NOTE

 Enactment of a Local Government Code  President shall exercise general supervision over local governments  Term: 3 years  Division, creation, merger, abolition: original power to Congress with a plebiscite on all affected areas  Mama-o vs. Carague, G.R. No , Nov 19, 1989  Establishment of ARMM and CAR

 A public office is a public trust  Impeachable Officials  President  Vice-President  Members of the ConCommissions  Justices of SC  Ombudsman  Sandiganbayan: for offenses of public officials with a penalty of less than 6 years and in relation to office  Ombudsman: above 6 years and in relation to office

Verified Complaint (House of Representatives) Vote of 1/3 of all members of the House Articles of Impeachment Transmittal to the Senate Trial and Judgment by the Senate

 Unlawful acquisition of state properties  No loan grant for a business where he or she has interest  Declaration of Assets and Liabilities annually  Allegiance to the State at all times

 Regalian Doctrine: All lands of the public domain belong to the State  More equitable distribution of national wealth  TYPES OF LANDS OF THE PUBLIC DOMAIN  AGRICULTURAL  FOREST OR TIMBER  MINERAL LANDS  NATIONAL PARKS

 CORPORATIONS: CAN HOLD PUBLIC LANDS BY LEASE FOR 25 YEARS FOR 1,000 H  Citizens: Lease for 500 hectares and acquire 12 hectares by homestead or grant  SECTION 7  Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations or associations qualified to acquire or hold lands of the public domain  Operation of public utility:  Practice of all professions: Filipino citizens  No monopolies of trade

 ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS  ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS  ARTICLE XV THE FAMILY  ARTICLE XVI GENERAL PROVISIONS

 How undertaken? Congress  ¾ of vote of all members of Congress  Constitutional Convention Vote of 2/3 Majority vote: submit for plebiscite People -petition of at least 12% of total registered voters, each legislative district represent by 3% of all its registered voters  When? Once every five years

 Amendment or revision must be ratified by majority of electorate in a plebiscite not later than 60 days after approval

Article XVIII