CONSTITUTIONAL COMMISSIONS: OVERVIEW

Page 592

SALARIES: have been increased by statute and may not be decreased during the incumbents’
continuance in office

= prohibition against the decrease: to prevent the legislature from exerting pressure upon the
commissions by “operating on their necessities”

= permission to increase: adjust compensation to any increase in the cost of living

DISQUALIFICATIONS: purpose is to compel the chairmen and members of the Con Com to devote their
full attention to the discharge of their duties

STAGGERING OF TERMS: with the exception of the first appointees, all members of the three con-coms
are supposed to serve for a term of 7 years

= will not vacate their offices at the same time

= minimize the opportunity of the president to appoint during his own term more than one member or
group of members in the Con Com and thereby bind the majority to a debt of gratitude and loyalty to
him that might impair their independence : ENSURE CONTINUITY OF THE BODY AND ITS PRINCIPLES

REQUISITES FOR THE EFFECTIVE OPERATION OF THE ROTATIONAL SCHEME (Republic v. Imperial): 1/3 of
the membership in all of these commissions shall be vacated at regular intervals

1) The original members of the commissions shall begin their terms on common date
2) Any vacancy occurring before the expiration of the term shall be filled only for the balance of
such term

REAPPORTIONMENT: whether or not a member of the commission may be reappointed if he has not yet
served the full term of 7 years = NO. Re: Republic v. Imperial through express declaration in the
constitution

= Funa v. COA: shall always be for a fixed term of 7 years; an appointment for a lesser period is void and
unconstitutional

= appointments to vacancies resulting from certain causes (resignation, disability, or impeachment) shall
only be for the unexpired portion of the term of the predecessor

=members of the commission who were appointed for a full term of seven years and who served the
entire period are barred from reappointment to any position in the commission

= a commissioner who resigns after serving in the commission for less than 7 years is eligible for an
appointment to the position of chairman for the unexpired portion of the term of the departing
chairman ----- this appointment is NOT COVERED BY THE BAN ON REAPPOINTMENT PROVIDED 1)THAT
THE AGGREGATE PERIOD OF THE LENGTH OF SERVICE AS COMMISSIONER AND THE UNEXPIRED OF THE
TERM OF THE PREDECESSOR WILL NOT EXCEED PERIOD OF 7 YEARS AND 2) THAT THE VACANCY IN THE
POSITION OF CHAIRMAN RESULTED FROM DEATH, RESIGNATION, DISABILITY OR REMOVAL BY
IMPEACHMENT

= an appointment involving a movement to a different position or office would constitute a new

appointment and not a reappointment barred under the constitution

Brillantes vs. Yorac: No one to be appointed in acting capacity (in the case at bar, the problem did not
call for presidential action because the members could have been handled by the members of the
COMELEC themselves without the participation of the president, however well meaning

= Nacionalista Party v. Bautista: SG could not be appointed acting member of the COMELEC – executive :
subject to the president’s constitutional power of control; would impair the independence of the
election body

OTHER PREREQUISITES: enjoy fiscal autonomy ; rules of procedure of quasi judicial bodies shall remain
effective unless disapproved by the SC

PROCEEDINGS: people are assured of a speedy disposition of their cases not only in the courts of justice
but also in administrative bodies like Constitutional Commissions

= decisions, orders and rulings of the constitutional commissions may be elevated to the SC in a petition
for certiorari

= with respect to the adjudications of the CSC, RA No. 7902 has included it as among the quasi judicial
agencies whose awards, judgments, final orders or resolutions would be appealable to the Court of
Appeals under Rule 43 of the Rules of Court

= SC: does not decide interlocutory cases (undecided matters) except when the issue is:

1. without or in excess of jurisdiction or with grave abuse of discretion or

2. when the matter is only the COMELEC en banc may consider and act upon or
3. when the division is not authorized to take cognizance of a matter or
4. when the members of a division unanimously vote to refer a matter to the COMELEC en banc
without first deciding upon it or
5. when the resolution sought to be set aside is a nullity

Estrella v. COMELEC: the constitution requires that a majority vote of all members of the COMELEC and
not only those who participated and took part in the deliberations, would be necessary for the
pronouncement of a decision, resolution, order or ruling.
THE CIVIL SERVICE COMMISSION

= non partisan; beholden to no political patrons and loyal only to the people it is sworn to serve

QUALIFICATIONS: original requirement for possession of a college degree is replaced with the phrase
“with proven capacity for public administration” as not any college of degree can ensure such
competence

= staggering of terms of the members: ensure the continuance of the body, which always retains 2/3 of
its membership even as 1/3 is vacated every 2 years; stabilize the policies of the body as maintained by
the remaining members

= no member of the commission shall be designated in a temporary or acting capacity

SCOPE: corporations with original charters are those created b special law, like GSIS and the SSS.
Corporations which are subsidiaries of these chartered agencies, like the Manila Hotel, are not within
the coverage of the civil service

= the government owned or controlled corporations included in the civil service are only those created
by special law, or granted legislative charters, and not organized under the corporation code

= government owned or controlled corporation or GOCC : refers to any agency controlled as a stock or
non stock corporation, vested with functions relating to public needs whether governmental or
proprietary in nature, and owned by the government of the RP directly or through its instrumentalities
either wholly or where applicable, as in the case of stock corporations, to the extent of at least a
majority of its outstanding capital stock

GOCCs include

1. government instrumentalities with corporate powers or GICPs and

2. government corporate entities ( 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 )
3. Government financial institutions: refer to financial institutions or corporations in which the
government directly or indirectly owns majority of the capital stock and which are wither 1)
registered with or directly supervised by the BSP; or 2) collecting or transacting funds or
contributions from the public and places them in financial instruments or assets such as
deposits, loans, bonds, and equity

= government owned or controlled corporations may be create or established by special charters in the
interest of the common good and subject to the test of economic viability

= note: a stock company is authorized to declare dividends

=Government instrumentality: refers to any agency of the national government, not integrated within
the department framework, vested with some if not all corporate powers, administering special funds,
and enjoying operational autonomy, usually through a charter ( regulatory agencies, chartered
institutions, government owned or controlled corporations)

= a government instrumentality may include GOCC but there is a govt instrumentality that will not
qualify as GOCC e.g. UP and NAIA

= government instrumentalities vested with corporate powers and performing governmental or public
functions need not meet the test of economic viability (for the common good, government will
subsidize)

= congress has plenary authority to create government instrumentalities vested with corporate powers
provided these instrumentalities perform essential government functions or public services

= government agency: more comprehensive concept which refers to any of the various units of the
government of the RP, including a department, bureau, office, instrumentality, or GOCC, or a local
government or a district unit therein

= government employees of the AFP: governed by the CSC; it is the regulation of the law creating the
service that determines the position of the employee

= if GOCC having been incorporated under the Corporation Code, governed by the labor arbiter, not the
CSC

= without original charter, not governed by the CSC

=petitions in the civil service are classified under the Administrative Code of 1987 into the career service
and the non career service

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
2. Opportunity for advancement to higher career positions
3. Security of tenure

NON CAREER SERVICE:

1) Entrance on bases other than those of the usual test of merit and fitness utilized for the career
service
2) Coterminous with that of the appointing authority or subject to his pleasure, or which is limited
to the duration of a particular project for which purpose employment was made

= appointments in the civil service may be either permanent or temporary

PERMANENT appointment: person who meets all the requirements for the position to which he is being
appointed, including the appropriate eligibility prescribed, in accordance with the provisions of laws,
rules and standards promulgated in pursuance thereof

TEMPORARY appointment: issued to a person who meets all the requirements for the position to which
he is being appointed except the appropriate civil service eligibility PROVIDED that the temporary
appointment does not exceed 12 months

NOTE: temporary appointments do not have a definite term and may be withdrawn or discontinued,
with or without cause, by the appointing power (no tenure, no removal from office)

EXCEPTIONS from the requirement of competitive examinations : test being the nature of the position

 Exempt lang from the examinations

 “primarily close intimacy exists between the appointing authority and the appointee
 Function must not be routinary, ordinary, and day to day in character
 Primarily confidential position is characterized by the close proximity of the positions of the
appointer and appointee as well as the high degree of trust and confidence inherent in their
relationships

1. Policy determining position: one charged with the laying down of principal or fundamental
guidelines or rules, such as that of a head of a department NO SECURITY OF TENURE; ends upon
loss of confidence)
2. Primarily confidential position: connotes confidence in the aptitude of the appointee for the
duties of the office and primarily close intimacy which ensures freedom of intercourse without
embarrassment or freedom from misgivings or betrayals of personal trust on confidential
mattes of state (NO SECURITY OF TENURE; ends upon loss of confidence)
 Highly technical positions: require the appointee thereto to possess technical skill or training in
the supreme or superior degree (May security of tenure pa din)

SECURITY OF TENURE

= the administrative code of 1987 enumerates the different grounds for the discipline of civil servants
and provides for a fixed procedure for their administrative investigation

= pending administrative investigation, the employee charged shall be subject to preventive suspension
but the same shall be lifted after 90 days if he is not a presidential appointee unless the delay in the
conduct of the probe is imputable to him

STEPS:

1. Preliminary investigation (determining a prima facie case against the respondent)

2. Institution of a formal charge
3. Notice of the charge
4. Actual investigating and decision
= SC held that formal charges without the prior conduct of preliminary investigations are null and void
(Garcia v. Molina)

= special laws to have created disciplinary committees and governing bodies in diff branches,
subdivisions, agencies and instrumentalities of the govt (e.g. for public school teachers and the
Ombudsman)

= the inescapable conclusion is that the CSC may take cognizance of an administrative case filed directly
with it against an official or employee of a chartered state college of employee (e.g. under EO No. 292, a
complaint against a state university official may be filed with either the university’s board of regents or
directly with the Civil Service Commission

=CSC cannot exercise its disciplinary authority over court personnel in view of the SC’s executive
administrative supervision over all courts and judicial personnel

= valid reorganization (done in good faith): no removal or defeat of security of tenure

PARTISAN POLITICAL AUTHORITY: cannot participate in elections except to vote

=partisan political activity: active support for or affiliation with the cause of a political party or
candidate; being a candidate or delegate to any political convention; being an officer or member of any
political committee, party or organization, delivering speeches, canvassing or soliciting votes or political
support or contributions for any political party or candidate or becoming actively identified with the
success or failure of any candidate or candidates for election to public office

= De Los Santos v. Yatco: particularly exempted from the prohibition against partisan political activity
are members of the cabinet

= all public officers and employees holding political offices are now permitted to take part in political
and electoral activities

=Quinots v. COMELEC: constitutional proscription against partisan political activities pertains only to
“civil servants holding apolitical offices” === the constitutional ban does not cover elected officials
because political partisanship is the inevitable essence of a political officer, elective positions included

= even members of the armed forces are subject to the prohibition against engaging in partisan political
activity (only to the active members not the reservists): active members cannot even run for a position
(Cailles v. Bonifacio)

REASONS FOR THE PROHIBITION AGAINST PARTISAN POLITICAL ACTIVITY

1. Prevent the members of the civil service from using the resources of the government for the
benefit of their candidates
2. Insulate them from political retaliation from winning candidates they have opposed or not
supported
SELF ORGANIZATION

: to protect their interest vis-a-vis their employers = but employees in the civil service may not resort to
strikes, walkout, and other temporary work stoppages (against Sec. 4 Rule III of the Rules and
Regulations to Govern the Exercise of the Right of Government Employees to Self-Organization (GSIS v.
Kapisanan ng mga Mangagawa sa GSIS)

= GSIS v. Villaviza: pwede magsuot ng shirt na anti – freedom of expression

= the freedom of speech and of expression remains intact, and CSC’s Resolution No. 02-1316

TEMPORARY EMPLOYEES

= generally do not have any fixed term and may be replaced at pleasure, the theory being that they are
named to their positions only because of the absence of eligibles and the necessity to fill the office in
the meantime in the interest of the public service

= EXCEPTION: the appointee may not be removed at will if said temporary appointment is for a FIXED
PERIOD (Ambas v. Buenaseda where albeit temporary is fixed for one year pursuant to the hospital
residency law)

= Re: vehicular Accident Involving SC Shuttle Bus No.3 with plate no. SEG 357 driven by Gerry B. Moral,
Driver II-Casual: even a casual or temporary employee enjoys security of tenure and cannot be dismissed
except for cause enumerated in Sec 22 Rule XIV of the Omnibus Civil Service Rules and Regulations and
other pertinent laws

= they may be laid off anytime subject to certain conditions or qualifications with reference to the
abovequoted CSC Form No. 001 : (before expiration of the employment period): 1) when their series are
no longer needed; 2) funds are no longer available; 3) the project has already been completed/finished;
4) their performance are below par

NOTE: they are entitled to due process especially when they are removed for more serious causes or for
causes not enumerated in CSC Form No. 001 in pursuant to Sec. 2 Article IX (B) of the Consti and Sec. 46
of the Civil Service Law.

=temporary employees of the government shall be given such protection as may be provided by law

= RA 6850: all government employees holding career civil service positions appointment under
provisional temporary status who have rendered a total of at least seven years of efficient service may
be granted the civil service eligibility that will qualify them for permanent appointment to their positions

OBJECTIVES OF THE CIVIL CERVICE

= expected to pursue in establishing a career service accountable to the people and deserving of their
trust and support
= Trade and Investment Development Corporation v. CSC: The 1987 Administrative Code spelled out the
CSC’s rule making power in concrete terms in Sec. 12, Book V, Title I-A which empowered the CSC to
implement the civil service law and other pertinent laws and to promulgate policies, standards, and
guidelines for the civil service

= the laws that the CSC interprets and enforces fall within the prerogative of Congress

= the CSC’s quasi legislative power is subject to the same limitations applicable to other administrative
bodies

-CSC formulates must not override, but must be in harmony with, the law it seeks to apply and
implement

= CSC: foregoing provisions: belong in an implementing statute or perhaps a speech or a manual of

instructions

OATH : in conformity with Section 4 of Article IX-B and Section 5(1) of Article XVI

DISQUALIFICATIONS: “no elective official shall be eligible for appointment or designation in any capacity
to any public office or position during his tenure”

= Public Interest Center Inc v. Elma: validity of the concurrent appointment of the respondent as
Chairman of the Presidential Commission on Good Government and Chief Presidential Legal Counsel:
UNCONSTITUTIONAL BECAUSE THESE ARE INCOMPATIBLE OFFICES

EXCEPTION: allows the concurrent holding of positions only when the second post is required by the
primary functions of the first appointment and is exercised in an ex officio capacity

= legal disqualification cannot be read as excluding temporary disqualification in order to exempt

therefrom the legal prohibitions under Section 6 Article IX of the 1987 Consti and Section 94(b) of the
Local Government Code of 1991 (does not apply to losing candidates in barangay elections)

REQUISITE FOR SPECIAL DISQUALIFICATION: (CSC chairman and members and ombudsman): must not
have been candidates for any elective position in the elections immediately preceding their
appointment

Art. 244 of the RPC: disqualification under the law

Yung sa Sec 6 Article IX of the 1987 consti and Sec 94 (b) of the LGC: losing candidates w/in one year
cannot be appointed to any office in the government or any government owned corporations or in any
of their subsidiaries
DOUBLE COMPENSATION

Rationale: manifest a commitment to the fundamental principle that a public office is a public trust
(Peralta v. Auditor General)

=payment of these benefits constitute disbursement of public funds, it must not contravene the law on
disbursement of public funds because public funds are the property of the people and must be used
prudently at all times with a view to prevent dissipation and waste

Dual purpose:

1. To inform the people of the exact amount a public functionary is receiving from the government
so they can demand commensurate services
2. To prevent the public functionary from dividing his time among the several positions
concurrently held by him and ineptly performing his duties in all of them because he cannot
devote to each the proper attention it deserves

EXCEPTION: where the law allows him to receive extra compensation for the services rendered in
another position which is an extension or connected with his basic work, as where the chairmen of the
committees on education in the two houses of the Congress may collect allowances as ex officio
members of the UP board of regents

= pensions and gratuities: compensation already earned, for instance by a retiree

= a retiree receiving pensions or gratuities after retirement can continue to receive such pension or
gratuity even if he accepts another government position to which another compensation is attached

= the constitution is against double compensation, not double appointments – a second position may be
held concurrently with the principal position as long as the two are NOT INCOMPATIBLE, but the
incumbent cannot collect additional salaries for services rendered unless specifically allowed by law

= prohibition may be relaxed: if gift yung sayo pero take note of the purpose because if it is to bribe and
contracted in bad faith, it’s a NO.
COMELEC

Membership: reduced to 7 from 9: powers have been modified but the purpose remains the same which
is to be a more effective instrument in maintaining the secrecy and sanctity of the ballot as the concrete
expression of the sovereign people

COMPOSITION AND QUALIFICATIONS

= decrease in membership from nine to seven was intended to facilitate decisions of the commission en
banc by concurrence of only four members constituting a majority of the body

= prohibits appointment to the COMELEC of persons who were candidates in the immediately preceding
elections

= majority of the body including the chairman, must be members of the Philippine bar with at least 10
years practice (not imposed on all the members)

POWERS AND FUNCTIONS

(1) ENFORCEMENT OF ELECTION LAWS

= the COMELEC can require compliance with the rules for the filing of certificates of candidacy, prevent
or prosecute election offenses, supervise the registration of voters and the holding of the polls, and see
to it that the canvass of the votes and the proclamation of the winners are done in accordance with law

= laws and statutes governing election contests especially appreciation of ballots must be liberally
construed to the end that the will of the electorate in the choice of public officials may not be defeated
by technical infirmities.

***BASIC DISTINCTIONS BETWEEN PETITIONS FOR THE DISQUALIFICATION OF CANDIDATES AND

PETITIONS TO REJECT OR CANCEL CERTIFICATES OF CANDIDACY

DISQUALIFICATION (CANDIDATE PA DIN IN A WAY REJECT OR CANCEL (NOT A CANDIDATE AT ALL)

IF CHANGED, IF HINDI EH DI WALANG CANDIDATE)
Sec. 68 of the Omnibus Election Code: if he Sec. 78 of the Omnibus Election Code: if found to
commits any of the election offenses or prohibited be containing material representation which are
acts specified therein OR if he is a permanent false and deliberately made. Include
resident of or an immigrant to a foreign country misrepresentations as to age, residence,
citizenship, non possession of natural born status,
Sec. 12 of the Omnibus Election Code : if any registration as a vote, eligibility
person is declared insane, incompetent OR has
been sentenced to a penalty of more than 18
months or for a crime involving moral turpitude
UNLESS GIVEN PLENARY PARDON OR AMNESTY
Note: a petitions for disqualification under Sec. 68 may be filed at any time after the last day for filing of
the certificates of candidacy but not later than the candidate’s proclamation should he win in the
elections

= a petition to deny due course or to cancel a COC under Sec. 78 must be filed at any time not later than
25 days from the filing of the COC

= Sec. 2 Rule 23 of the COMELEC Rules of Procedure, said petition can be filed within five days following
the last day for the filing of COCs

= A CANDIDATE MAY BE SUBSTITUTED IF HE DIES, IS DISQUALIFIED OR WITHDRAWS (until midday of

election day) REQUISITE: under Sec. 12 of RA No. 9006, in order to obviate confusion, the name of the
substitute candidate should, as much as possible, bear the same surname as that of the substituted
candidate

= a cancelled certificate of candidacy void ab initio cannot give rise to a valid candidacy, and musch less
to valid votes

= the COMELEC may order the correction of manifest errors in the tabulation or tallying of results during
the canvassing and petitions for this purpose may be filed directly with the commission even after a
proclamation of the winning candidates

MANIFEST ERROR: one that is visible to the eye or obvious to the understanding; that which is open,
palpable, incontrovertible, needing no evidence to make it more clear

= may take cognizance of pre-proclamation controversies which mean: (Sec. 241 of the OMC: refer to
questions pertaining to or affecting the proceedings of the board of canvassers which may be raised by
any candidate or by any registered political party

=Sec. 233: when the election returns are delayed, lost or destroyed

=Sec. 234: material defects in the election returns

=Sec. 235: when election returns appear to be tampered with or falsified

=Sec. 236: discrepancies in election returns

***Issues that can be raised in a pre-proclamation controversy (Sec. 243 of the OMC):

a. Illegal composition or proceedings of the board of canvassers

b. The canvassed election returns are incomplete, contain material defect, appear to be tampered
with or falsified or contain discrepancies in the same returns or in other authentic copies
c. Election returns were prepared under duress, threats, coercion, intimidation or manufactured
and not authentic
d. When substitute or fraudulent return in controverted polling places were canvassed, the results
of which materially affected the standing of the aggrieved candidate or candidates
***Issues for election protest: (Abayon v. COMELEC and Raul Daza)

a. Abduction of a voter
b. Killing of a political leader
c. Threats which prevented the holding of the campaign sorties
d. Intimidation of voters
e. terrorism

= Topacio v. Paredes: a second placer cannot be proclaimed as the winner in an election contest ;
subsequent disqualification of a winning candidate will not entitle his opponent, the candidate who
received the second highest number of votes to be declared the winner (Ocampo v. HRET)

= if the winning candidate is not qualified and cannot qualify for the office to which he was elected, a
PERMANENT VACANY IS THUS CREATED

= Talaga v. COMELEC: the only time the 2nd place can assume the position is when the two requisites
concur: (not really happens)

1. the candidate who obtained the high number of vote is disqualified

2. electorate was fully aware in fact and in law of that candidate’s disqualification as to bring such
awareness within realm of notoriety but the electorate still cast the plurality of the votes in
favor of the ineligible candidate

PERMANENT VACANY IN MAYORAL (e.g) = to be filled up by the office of the vice mayor

= in Labo vs. COMELEC and other cases, applying the doctrine of the rejection of the 2nd placer, they
have ONE COMMON ESSENTIAL ELEMENT: the disqualification of the candidate had not become final
before the elections

** note: a candidate disqualified by final judgment before an election cannot be voted for, and votes
cast for him shall not be counted (MANDATORY provision of the law)

= disqualification may be before or after the elections, both by final judgment (depende sa effects)

GENERAL RULE: 2nd placers cannot be 1st placers

EXCEPTION: SO EXAMPLE DISQUALIFICATION BY DECLARING THE COC VOID AB INITIO (eto yung mga
manifestation sa COC, other than that, din a mag f-fall dito) = should be limited to situations where the
COC of the 1st placer was valid at the time of the filing but had to be cancelled because of a violation of
law that took place or a legal impediment after the filing==== pwede yung 2nd placer

Rationale: a void COC cannot produce a legal effect

NOTE: IF NA DISQUALIFY BECAUSE NAG COMMIT NG OFFENSE, PERMANENT VACANCY NA YUN.

: MAquiling v. COMELEC: where the winning candidate was disqualified on the ground of lack of
citizenship, the SC pronounced that the “popular vote does not cure the ineligibility of a candidate”
= if pending pa ang disqualification case after the elections, there will be an order to suspend the
proclamation whenever the evidence of guilt is strong

= under the Omnibus Election Code, the COMELEC is now allowed to postpone or continue elections,
subject to certain conditions

= Sanchez v. COMELEC: to declare a failure of elections because of the terrorism that attended the
counting of the votes and the preparation of the election returns and to call another election

FAILURE OF ELECTION: Sec. 6 of the Omnibus Election Code

1. elections has not been held

2. election has been suspended before the hour fixed by law
3. the preparation and the transmission of the election returns have given rise to the consequent
failure to elect, meaning nobody emerged as the winner

REQUISITE FOR FAILURE OF ELECTION: for such failure of election should be force majeure, violence,
terrorism, fraud or other analogous cases

** COMELEC can grant a verified petition seeking to declare a failure of election, the concurrence of 2
conditions must be established namely

1. no voting has taken place in the precincts concerned on the date fixed by law or even if there
was voting, the election nevertheless resulted in a failure to elect
2. votes cast would affect the result of the election

= Datu Michael Abas Kida v. Senate: authority of the COMELEC to postpone elections is limited under
the law. It may not be compelled to conduct special elections

= the law requiring rado and television stations to give free air time to the COMELEC to enable it to
broadcast information regarding candidates constitutes a valid regulation by the state on the use of its
air wave : Valid exercise of the police power

= BANAT vs. COMELEC: the COMEELC en banc acts as the national board of canvassers for the election of
the senators, it does not, as such, undermine or encroach upon the prerogatives and independence of
the SET, despite its authority to entertain pre proclamation cases, considering that this power shall
merely be to determine the authenticity and due execution of the certificates of canvass, which may be
exercised or done before the proclamation of the winning senatorial candidates

= no pardon, amnesty, parole or suspension of sentence for the violation of election laws, rules and
regulations shall be granted by the president without the favourable recommendation of the
commission = now covers even violations of administrative rules or regulations concerning elections

= De Jesus v. People: prosecution of an election registrar for alleged anomalies in the preparation of the
list of voters was the prerogative of the COMELEC by virtue of its authority to enforce and administer all
laws relative to the conduct of elections
= the COMELEC does not derive its exclusive power to investigate and prosecute cases of violations of
election laws from the constitution but from the Omnibus Election Code

= up to the legislature to determine the kind of election offenses that the COMELEC shall prosecute
exclusively or concurrently with other prosecuting arms of the government

= the comelec may avail itself of the assistance of other prosecuting arms of the government pero
pwede i-revoke ng comelec din yung assistance ng authority (Sec. 2 Rule 34 of the COMEELC Rules of
Procedures, provincial and city prosecutors and their assistants are given continuing authority as
deputies to conduct the preliminary investigation

=complaints re: elections : COMELEC or DOJ (concurrent jurisdiction to hold preliminary investigation)

=Lanot v. COMELEC

Electoral aspect of a disqualification: whether the offender should be disqualified from being a
candidate or from holding office

: require only preponderance of evidence

: may be disqualified even without prior determination of probable cause in a preliminary investigation

: independent of the criminal aspect

Criminal aspect of disqualification: determines whether there is a probable cause to charge a candidate
for an election offense

:prosecutor: comelec law dept

(2) DECISION OF ELECTION CONTESTS:

= these cases may be appealed to the SC in a petition for certiorari, which is limited to questions of law
involving grave abuse of discretion

= resolve election protests: all the incidental powers included e.g: technical examination of relevant
election paraphernalia; election returns and ballots (if may irregularity and fraud): falls within the
exclusive jurisdiction over all contests relating to elections, returns and qualifications of all elective
regional, provincial and city officials

= COMELEC: qualifications of partylists

= the court declared that the commission would retain its jurisdiction over the qualifications of a
congressional candidate until he becomes a member of the house of representatives i.e after he had
been validly proclaimed, taken his proper oath and assumed office as such

= COMELEC IS NOT A JUDICIAL BODY: IT IS AN ADMINSITRATIVE BODY

= appellate jurisdiction to contests involving barangay and municipal officials as originally decided by
regional or municipal trial courts – will be executory and not appealable : DOES NOT CONFLICT WITH
THE JUDICIAL KASI ADMIN BODY SIYA. Pero pwede pa rin petition for certiorari for grave abuse of
discretion

= (Javier v. COMELEC): “contests”- any matter involving the title or claim of title to an elective office,
made before or after proclamation of the winner, whether or not the contestant is claiming the office in
dispute

= “elections”: referred to the conduct of the polls, including the listing of voters, the holding of the
electoral campaign, and the casting and counting of the voters

= “returns”: to the canvass of the returns and proclamations of the winners, including questions
concerning the composition of the board of canvassers, and authenticity of the election returns

= “qualifications”: matters that could be raised in a quo warranto proceeding against the proclaimed
winner, such as his disloyalty or ineligibility or the inadequacy of his certificate of candidacy

= Section 251 of the Omnibus election Code vests jurisdiction over election contests in regional trial
courts **** limited jurisdiction have exclusive jurisdiction over election protests involving barangay
officials, including the SK

= Flores v. COMELEC: unconstitutional Sec. 9 of RA No. 6679 providing that decisions of the municipal or
metropolitan trial courts in barangay election cases may be appealed to the RTC.

= COMELEC: take cognizance of petitions for certiorari against all acts or omissions of the court in
election cases (e.g: interlocutory orders of RTCs in municipal election contests and of municipal trial
courts in brgy elections)

= PROCESS OF HEARING AND DECIDING ELECTION CASES (GANITO DAPAT!!) : COMELEC meets in 2
divisions: each of three members = decision may be elevated in a motion for reconsideration to and may
be reviewed by the COMELEC sitting en banc:::: NOTE: the requirement that an aggrieved party must
first file a motion for reconsideration of a resolution of the division to the commission en banc is
mandatory and jurisdictional in invoking the power of review of the SC

= Rule 18 of the Omnibus Election Code: decisions and resolutions of any division of the COMELEC in
special cases become final and executory after the lapse of five days, unless a timely motion for
reconsideration is lodged with the commission en banc

= the only time the SC may review interlocutory order of a division of the commission under Rule 64 of
the ROC is when it acts without or in excess of jurisdiction or with grave abuse of discretion amounting
to lack or excess of jurisdiction

= raising the issue to the SC after having been dismissed by the COMELEC en banc = constitutes forum
shopping
= Sobejana- Condon v. COMELEC: there would be nothing to prevent the body from directly adjudicating
the substantive merits of an appeal after ruling for its reinstatement instead of remanding the same to
the division that initially dismissed it

(3) DECISION OF ADMINISTRATIVE QUESTIONS

= exercise by the COMELEC of its contempt power in connection with the canvassing votes, noting that
the act of canvassing votes is not purely ministerial, but also quasi-judicial::: it declared that its
investigation of reports on electoral fraud was a fact finding act relevant to its quasi judicial power

NOTE: right to vote sa SUPREME COURT, ang sa COMELEC is just registration of voters

(4) DEPUTIZATION OF LAW ENFORCEMENT AGENCIES

=power may be exercised only with the consent of the president, or may not be exercised without his
permission

= deputize upon the initiative or consent of the president

= the commission cannot exercise direct disciplinary authority over them

= one instance where the COMELEC, although expressly declared to be independent by the Consitution,
is subordinated to the president

(5) REGISTRATION OF POLITICAL PARTIES

= necessary to give them political identity and juridical personality for purposes of the elections where
they intended to participate

= purely administrative in character

= needs to assess whether the party or organization seeking registration or accreditation possess all of
the qualifications and none of the disqualifications, and whether or not it has complied with all of the
requirements for accreditation or registration under the law

= (Magdalo v. COMELEC): violence Is the unjust or unwarranted exercise of force, usually with the
accompaniment of vehemence, outrage or fury; unlawful act is one that is contrary to law and need not
to be a crime, considering that the latter must still unite with evil intent for it to exist

= to join electoral contests, a party or organization must undergo the two step process of registration
and accreditation

= political coalitions need to register in accordance with the established norms and procedures, of they
are to be recognized as such an be given the benefits accorded by law to registered coalitions (for
purposes of official recognition) : you may have choice not to get registered
= RA 7491: POLITICAL PARTY: refers to an organized group of citizens advocating an ideology or
platform, principles and policies for the general conduct of the government

SECTORAL PARTY: refers to an organized group of citizens belonging to any of the sectors enumerated in
Section5 hereof whose principal advocacy pertains to the special interest and concerns of their sector

= refusal happens during the inceptive stage when an organization seeks admission into the roster of
COMELEC-registered partylist organizations through a petition for registered partylist organizations
through a petition for registration

= cancellation takes place after the fact of registration when an inquiry is done by the comelec or upon a
verified complain, on whether a registered partylist organization still holds the qualifications imposed by
law.

= refusal: handed down to a petition for registration

= cancellation is decreed on the registration itself after the petition has been approved

= accreditation and the facts substantiating the same can be reviewed and revoked at any time by the
COMELEC or upon the instance of any interested party thru a complaint for cancellation

= VALIDLY CANCEL REQUISITES: 1) due notice and hearing is afforded to the partylist-group concerned 2)
any of the enumerated grounds for disqualification in Sec. 6 thereof

= the commission’s power to register political parties includes the ascertainment of the identity of the
political party and its legitimate officers responsible for its acts ; involves the determination of the
persons who must act on its behalf; resolve an intra party leadership dispute as an incident of its power
to register political parties

= has jurisdiction to settle the struggle for leadership within the party is well established

(6) IMPROVEMENT ELECTION

= the Omnibus Election Code has expanded the list of prohibited election practices, changed the
limitations on the expenses to be incurred by political parties or candidates, allows the COMELEC to
refuse to five due course to certificates of nuisance candidates, assures equal treatment for all
candidates

= require report can be the basis of legislation that may improve the conduct of future elections

ELECTION PERIOD

= shall commence 90 days before the day of election and shall end thirty days thereafter

= period may be changed in special cases by the COMELEC, as where there is a special election for the
president which should be called within 7 days after the occurrence of the vacancy to be filled and held
not earlier than 45 nor later than 60 days
= election period is NOT campaign period

= a candidate is liable for election offenses only upon the start of the campaign period

PARTY SYSTEM

= against the two party system

= discontinued the usual privileges enjoyed by the majority and minority parties under the old laws, such
as representation in the boards of election inspectors and the boards of canvassers

= members of the board of canvasses can be filled up by the commission not only from those expressly
mandated in the above-quoted provision, but from others outside if the former are not available

JUDICIAL REVIEW

= SC’s certiorari (remedy only to the SC)

= Aratuc v. COMELEC: over orders, rulings, and decisions of the COMELEC is not as broad as it is used to
be and should be confined to instance grave abuse of discretion amounting to patent and substantial
denial of due process

= certiorari deals with grave abuse of discretion ; implies indifferent disregard of the law, arbitrariness,
and caprice, an omission to weigh pertinent consideration, a decision arrived at without rational
deliberation

= “final orders and rulings and decisions of the COMELEC: means those rendered in actions or
proceedings before the COMELEC and taken cognizance of by the said body in the exercise of its
adjudicatory or quasi judicial powers