constitutional law silliman university college of law

Constitutional Law

Silliman University College of Law

1. COMMISSION ON AUDIT2. CIVIL SERVICE COMMISSION3. 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. 93887, December 19, 1990

Aratuc vs Comelec, 88 SCRA 251 UP vs. Regino, G.R. 88167, 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 areasMama-o vs. Carague, G.R. No. 89965, Nov

19, 1989 Establishment of ARMM and CAR

A public office is a public trust Impeachable Officials

PresidentVice-PresidentMembers of the ConCommissions Justices of SCOmbudsman

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

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: 60-40 Practice of all professions: Filipino citizens No monopolies of trade

ARTICLE XIIISOCIAL JUSTICE AND HUMAN RIGHTS

ARTICLE XIVEDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS

ARTICLE XVTHE FAMILY

ARTICLE XVIGENERAL PROVISIONS

How undertaken?Congress¾ of vote of all members of CongressConstitutional 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