CONSTITUTIONAL LAW 1 FINAL EXAMINATIONS  Secretaries/undersecretaries/ chairmen of heads of

bureaus/ office including GOCCs.

GOVERNMENT OFFICIALS AND AGENCIES  Cabinet Secretaries
o Mode of appointment
1. Executive  Appointed by President
 President  Need confirmation by CA
o Qualifications o Prohibitions
 Natural born  Hold any other office or employment during their term
 Able to read and write  Practice any other profession
 Atleast 40  Participate in any business
 Registered voter  Avoid conflict of interest.
 Resident of PH for atleast 10 years immediately preciding
the elections. 2. Legislature
 Removable by impeachment.  Senate President
o Power  House Speaker
 Executive privilege- withhold certain informations  Senators
o Term  Members of the House
 6 years without reappointment.
 Not eligible for any reelection. 2.1 Commission on Appointments
 VP  Composition (25)
o Qualifications o Senate President as ex oficio chair
 Natural born o 12 Senators
 Able to read and write o 12 Members of the House.
 Atleast 40  Proportional | decimal/rounding off is unconstitutional.
 Registered voter  Method of voting
 Resident of PH for atleast 10 years immediately preciding o Chairman shall not vote except in a tie.
the elections. o Majority of all the members
 Removable by impeachment o 30 days within submission.
o Function  Independence of the COA
 May be appointed as member of Cabinet. o Independent of Congress
 No need for CA’s confirmation. o Power emanates from Constitution.
 Succeed in the presidency o Functions are executive in nature
o Term o Promulgate its own rules.
 6 years | not more than 2 consecutive terms.  Functions.
 Voluntary renunciation is not an interruption. o Confirm nominations/appointments submitted to it by the President.
 PRESIDENT AND VP o Ad interim appointments: Not in session
o Mode of election: direct vote of people.  If bypassed: can be reappointed
o June 13- Start and end of term.  If rejected: cannot be appointed again.
o No person who has succeeded as president and has served for 4 years  Need confirmation of the COA:
shall be qualified to the same office at anytime. o Heads of executive department, ambassadors, public ministers and
o Salaries must not be decreased during their tenure. consuls, officers of the armed forces from colonel or naval captain |
o Shall not receive any other emolument. other appointments vested in the President by the Constitution.
o Prohibitions  Chairman and Members of Constitutional Commission.
 Hold any other office or employment during their term  Regular members of JBC
 Practice any other profession  Sectoral reps
 Participate in any business  Does not need confirmation
 Avoid conflict of interest. o Ombudsman, deputies
 FAMILY OF PRESIDENT o VP to Cabinet
o Prohibitions o Members of the Judiciary
 Appointed as members of Con.Comm
 Office of Ombudsman 2.2 Electoral Tribunal
  Composition (9)  Cases affecting ambassadors, public ministers,
o 3 members of the SC consuls
o 6 members from Congress.  Petitions for certiorari, mandamus, quo warranto,
o Chairman: senior justice habeas corpus
 Function  Appellate jurisdiction
o Sole judge of all contests of all its members.  All cases in which constitutionality/validity of
 Valid proclamation issuance is in question
 Proper oath made before the Speaker in an open session.  Legality of tax
 Assumption of office.  Jurisdiction of any court
 Independence  Criminal cases in which the penalty is reclusion
o Not a part of Congress | Not under their supervision. perpetua or higher
o Can promulgate their own rules  Cases in which only questions of law are involved.
o Decisions are to appeal unless there’s GAD. o Method of Deciding cases
o May exist even after the adjournment of Congress.  En Banc
 Division of 3, 5 or 7.
3. Judiciary  Majority of members who took part in deliberations.
 SUPREME COURT  Shall be reached in consultation before the case is assigned
o Composition (15) to a member for writing.
 Chief Justice of Supreme Court  Reason for dissent/non-participation must be stated.
 14 Associate Justices o Decisions
o Qualifications  State clearly and distinctly the facts and law which it is
 Natural born citizen based.
 Atleast 40 years of age  Motion for reconsiderations: legal basis must be stated.
 15 years or more judge of lower court/engaged in practice of o Time frame for deciding cases
law.  24 months: SC
 Person of proven competence, integrity, probity and  12 months: lower collegiate courts
independence.  3 Months: Sandiganbayan and trial courts.
o Vacancy: shall be filled within 90 days after such occurrence. o Powers
o Appointment  Temporarily assign judges of lower courts as public interest
 By the President from a list prepared by JBC may require | shall not exceed 6 months.
 Atleast 3 names for each vacancy  Order a change of venue to avoid miscarriage of justice
o Jurisdiction  Promulgate rules concerning bar admission, enforcement of
 En Banc constitutional rights etc.
 Constitutionality of a treaty,  Appoint all officials and employees of judiciary
international/executive agreement or law  Administrative supervision over all courts and personnel
 Rules of Court thereof.
 Constitutionality of PDs, Proclamations, Orders.  Judges of lower collegiate courts
 Decision heard by Divisions when majority is not o Qualifications
obtained  Natural born
 SC modifies/replaces a doctrine  Qualifications imposed by Congress
 Administrative cases involving discipline/dismissal  Member of Philippine bar
of judges of lower courts.  Person of proven competence
o Disbarment of lawyers  Judges of lower courts
o Suspension for more than a year o Qualifications
o Penalty exceeding 10,000.  Citizen of the PH
 Election contests of President/VP.  Qualifications imposed by Congress
 Division  Member of Philippine bar
 Needs concurrence of atleast 3  Person of proven competence, integrity, probity and
 Original jurisdiction independence.
o Appointed by the President from JBC
 o Dismissal: Majority of members of SC who actually took part in the o Composition (7)
deliberations.  Chairman: Robert Lim
o Contest: quo warranto proceeding.  6 Commissioners
JUDICIARY  Al Pareno, Luie Guia, Arthur Lim, Rowena Guanzon,
 Salary: fixed by law | shall not be decreased but subject to income tax. Sheriff Abas.
 Term: till 70 / incapacitated. o Qualifications
 Natural-born
3.1 Judicial and Bar Council  Atleast 35 years
 Composition  Holders of college degree but majority including the
o Ex officio members (3) chairman must be members of the bar who have been
 Chief Justice- ex officio chairman engaged in the practice of law for atleast 10 years.
 Representative of Congress  Must not have been candidate for any elective position in the
 Secretary of Justice immediately preceding election.
o Regular members (4) o Appointment and term:
 Member of Integrated bar (4)  President with consent of COA
 Retired SC Justice (2)  37-25-23 without reappointment
 Professor of law (3)  No member shall be appointed in temporary/acting capacity.
 Representative of private sector (1)  Prerogative is on the Commission itself.
o Clerk of Court as Secretary ex-oficio o Powers and functions
 Method of appointment of regular member  Pre-proclamation controversies
o President with confirmation of CA.  Administrative or quasi-judicial in nature and
 Function: recommending appointees to judiciary. governed by administrative due process.
 Cannot decide on matters involving right to vote
4. Constitutional Commissions  Has authority to decide whether a person is
 GENERAL PROVISIONS constitutionally qualified to be a candidate.
o Prohibitions  Contests/post-proclamation
 Hold any other office/employment  CONTEST: There must be a defeated candidate who
 Practice in any profession seeks not just the removal but claims the seat.
 Financially interested in any contract  Judicial, requirements of judicial due process
o Salary: shall not be decreased during their tenure.  EXCLUSIVE ORIGINAL JURISDICTION: elective
o Appointment: in accordance with law. regional, provincial and city officials
 CSC
 APPELLATE JURISDICTION: municipal
o Nature of office: administrative office officials/barangay decided by trial courts
 Executive power, quasi-judicial, quasi-legislative, rule o Hearings must be done first in division.
making.  Other jurisdictions
o Composition (3)
 Over intra-party dispute
 Chairman
o Ensure the accomplishment of its primary
 2 Commissioners
objective.
o Qualifications
o Not required to settle primary conflict
 Natural born
among and between party members.
 35 years of age
 Over plebiscites
 Proven capacity for public administration
o Administer all laws and regulations.
 Must not have been candidate for any elective position in the
 Administrative powers
election immediately preceding their appointment
 Prosecuting and Investigating powers
o Appointment and Term
o EXCLUSIVE AUTHORITY to conduct
 President with consent of COA
preliminary investigations.
 7 years without reappointment.
o When it acts as prosecutor, it is subject to
 C7-5-3
authority of trial court judge.
o Prohibitions
o Appealable to SC via certiorari->
 Additional/double/indirect compensations
adjudicatory and quasi-judicial powers.
 COMELEC
  Prosecution of election offenses  May post-audit/pre-audit retirement benefits of
o Character of the offense not personality of government employees.
offender. o Jurisdiction
 Incidental powers  Officers who perform function related to accounting.
 Power to register/deregister parties  Cannot rule on constitutionality.
o Religious den  Responsible for state audit.
o Achieve means through violent/unlawful o Power of Review
means  Evaluate if there has been a wastage of government
o Refuse to uphold the Constitution resources.
o Supported by foreign government. o Independent private audit
 Recommendatory power  Private investments in government-controlled corporations
 Disqualification of a candidate.  Government corporations that is publicly listed/privatized
o Nature of COMELEC decisions  Government contract foreign loans.
 En banc/ two divisions 5. Ombudsman
 Vote of majority.  Composition
 CAYETANO: Comelec en banc may only take cognizance o Ombudsman
of final decisions of COMELEC in division. o Over-all deputy
 CAGAS: Court has no power to review interlocutory o Deputies for Luzon, Visayas, Mindanao, Military.
orders/final resolution issued by COMELEC in division. o Special Prosecutor
 COA  Qualifications
o Composition (3) o Natural born citizens
 Chairman: Michael Aguinaldo o 40 years old
 2 Commissioners o Recognized probity, independence
 Jose Fabia, Isabel Agito o Members of Philippine bar
o Qualifications o Must not have been a candidate for any elective office in the
 Natural born immediately preceding elections.
 35 years of age o OMBUDSMAN: Judge/engaged in practice of law for 10 years.
 CPA with atleast 10 years of experience | members of bar  Appointment
who is engaged in practice of law for 10 years. o President from a list of atleast 6 nominees provided by JBC.
 No time shall be all members belong to same o No confirmation.
profession o Vacancies must be filled 3 months.
 Must not have been a candidate for any elective position  Independence
immediately preceding election. o Ombudsman has the power to appoint all officials and employees
o Appointment and Term except his deputies.
 President, with consent of COA. o Power of administrative and control and supervision of the office.
 C7-15-13, without reappointment o Authority to determine and establish the qualifications, duties,
 Reappointment (same office) functions and responsibilities of various directorates and allied
 Appointment (different office) services.
o Power and Functions o Salary cannot be diminished
 Examine and audit all forms of government revenues and o Only removable by impeachment.
expenditures o Fiscal autonomy.
 Determine what would be the governing law which shall  RANK
apply. o Equal with members of Constitutional Commissions.
 Settle government accounts. “liquidated accounts”  Term
 Define the scope and techniques for its own auditing o 7 years without reappointment.
procedures. o They cannot run in the immediately succeeding elections.
 Authority to deputise  Powers
 Promulgate accounting rules o GOCCs with original charter
o Administrative cases.
 Pre-audit is not a mandatory duty.
o Disciplinary authority over all elective/appointed with exception of
impeachable officers, Congress, judiciary.
6. MMDA
7. NEDA- independent planning agency of the government.

8. Central Bank
 Qualifications
o Natural born Filipino citizens
o Known probity, integrity and patriotism
o Majority should come from private sector.
o Subject to other qualifications/disqualifications as may be prescribed
by law.
 Function
o Provide policy direction in money, banking or credit.
o Supervision over the operation of banks
o Regulatory powers over operation of finance companies.
REQUIRED VOTING

IMPEACHABLE OFFICERS
 President
 VP
 Members of SC
 Members of Constitutional Commission
 Ombudsman
o Culpable violation of Constitution
o Betrayal of public trust.