SUFFRAGE

Romualdez v. RTC
domicile; residence In election cases, the Court treats domicile and residence as synonymous terms
thus: the term residence as used in election law is synonymous with domicile which imports not only an
intention to reside in a fixed place but also personal presence in the place. Domicile denotes a fixed,
permanent residence. In order to acquire a new domicile by choice, there must concur:

a. residence or bodily presence in the new locality

b. intention to remain there
c. intention to abandon the old domicile otherwise stated, there must be animus manendi and animus
non-revertendi.

The Constitutional
Commissions

Category: Constitutional Law

A. COMMON PROVISIONS
1. Scope (Sec. 1)

Civil Service Commission

Commission on Elections

Commission on Audit

2. General Characteristics

Independent

salary fixed by law and not decreased during tenure (Sec. 3)

Fiscal autonomy

appropriations automatically and regularly released (Sec. 5)

3.

General Powers

appoint officials and employees in accordance with law (Sec. 4)

promulgate rules concerning pleadings and practice (Sec. 6)

not diminish, increase or modify substantive rights

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Aruelo v. CA (conflict with Rules of Court)

decide cases (Sec. 7)

by a majority vote of all its Members

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Cua v. Comelec (2-1/3-2-1)

as a body and not as individuals

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Orocio v. COA

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Mison v. COA

within 60 days from date of submission (upon filing of last pleading, brief or memorandum required by

the Rules)
o

appealable to the Supreme Court on certiorari within 30 days from receipt has been changed to

appeal to Court of Appeals within 15 days

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RA 7902

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Mateo v. CA

certiorari to the Supreme Court only after reconsideration (i.e., decisions of Commission En Banc)

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Reyes v. RTC

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ABS-CBN v. Comelec

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grave abuse of discretion

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Reyes v. COA

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exercise of quasi judicial power

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Garces v. CA

retirement of Commissioner before promulgation

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Ambil v. Comelec

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Dumayas v. Comelec

other functions as may be provided by law (Sec. 8)

4. General Prohibitions (Sec. 2)

not hold any other office or employment during tenure

not engage in the practice of any profession

not engage in the active management or control of any business which may be affected by the

functions of his office

not financially interested, directly or indirectly, in any Government contract, franchise or privilege

B. CIVIL SERVICE
COMMISSION
1. Composition (Sec. 1)

Chairman and 2 Commissioners

natural born citizens

at least 35

proven capacity for public administration

not candidate in immediately preceding election

2. Appointment (Sec. 1)

Term of 7 years without reappointment

common starting point of Feb. 2, 1987

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Galindez v. COA

consent of Commission on Appointments needed

appointment to any vacancy shall be for unexpired term

no Member appointed in a temporary or acting capacity

3. Scope

civil service embraces all branches, subdivisions, instrumentalities and agencies of the Government

including government owned or controlled corporations with original charters [Sec. 2(1)]
o

PNOC-EDC v. NLRC

Philippine Fisheries v. NLRC (security guards/janitors)

4. Functions of CSC (Sec. 3)

establish a career service

adopt measures to promote moral, efficiency, integrity, responsiveness, progressiveness and courtesy

in the civil service

strengthen the merit and rewards system

integrate all human resources development programs

institutionalize a management climate conducive to public accountability

submit an annual report on its personnel programs

5. Civil Service Appointments

according to merit and fitness to be determined, as far as practicable, by competitive examination

[Sec. 2(2)]
o

career/non-career/competitive/non-competitive

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Astraquillo v. Manglapus

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Achacoso v. Macaraig (POEA)

except positions which are policy determining, primarily confidential or highly technical

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merit and fitness requirement

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security of tenure

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Hernandez v. Villegas (not removal but expiration of term)

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Gloria v. CA (temporary transfer)

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primary confidential means close intimacy which insures freedom of intercourse

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Borres vs. CA

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Santiago v. CSC (next in rank")

6. Prohibitions

engage, directly or indirectly, in any electioneering or partisan political campaign [Sec. 2(4)]

prohibition does not apply to department secretaries

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Santos v. Yatco

does not prevent expression of views or mentioning names of candidates supported

no candidate who has lost in any election shall, within one year after such election, be appointed to

any office in the Government or any GOCC or any of their subsidiaries (Sec. 6)

no elective official eligible for appointment or designation in any capacity to any public office during

tenure (Sec. 7)

no appointive official shall hold any other office or employment in Government

except if allowed by law or primary functions of position (Sec. 7)

Art. VII, Sec. 13

no elective or appointive official shall receive additional, double or indirect compensation unless

specifically authorized by law

o

pensions or gratuities not considered additional compensation (Sec. 8)

per diem or allowance given as reimbursement for expenses is allowed

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Peralta v. Mathay

Santos v. CA (double retirement)

no elective or appointive official shall accept any present, emolument, office or title of any kind from

any foreign government (Sec. 8)

7. Basic Rights of Civil Servants (Sec. 2)

cannot be removed or suspended except for cause provided by law

substantive and procedural due process

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De los Santos v. Mallare

abolition of office including reorganization is allowed if made (1) in good faith, (2) not for personal or

political reasons and (3) not in violation of the law

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Roque v. Ericta

reprimand, unlike warning or admonition, is administrative penalty

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Tobias v. Veloso

right to self organization

temporary employees to be given such protection as provided by law

temporary employees may be removed without cause

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Mendiola v. Tancinco

C. COMMISSION ON
ELECTIONS
1. Composition (Sec. 1)

Chairman and six Commissioners

natural born citizens

at least 35

not candidate in immediately preceding election

a majority of the Commission, including the Chairman shall be members of the Philippine Bar who

have been engaged in the practice of law for at least 10 years

o

Cayetano v. Monsod

2. Appointment (Sec. 1)

7 year term without reappointment

consent of Commission on Appointments needed

appointment to any vacancy only for unexpired term

no Member appointed in a temporary or acting capacity

Brillantes v. Yorac

3. Powers (Sec. 2)

enforce and administer all election laws

includes power to annul elections because of terrorism

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Biliwang v. Comelec

call for a special election

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Sanchez v. Comelec

Decide election cases

original jurisdiction over contests relating to the elections, returns and qualifications of regional,

provincial and city officials

o

appellate jurisdiction over contests involving municipal officials decided by trial courts of general

jurisdiction
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5 day period for taking an appeal

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1993 Comelec Rules

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concurrent certiorari, mandamus, quo warranto and habeas corpus powers with the SC

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Carlos v. Angeles

appellate jurisdiction over contests involving barangay officials decided by trial courts of limited

jurisdiction
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only questions of fact; questions of law to SC

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Flores v. Comelec

appellate decisions shall be final, executory and not appealable

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pre-proclamation administrative process

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contest judicial process

decide all questions affecting elections (but not to be voted for)

except the right to vote

only popular elections

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Alunan v. Mirasol (SK)

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Taule v. Santos (Barangay federation)

contempt power only pursuant to quasi-judicial function

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Masangcay v. Comelec

deputize law enforcement agencies and Government instrumentalities to ensure CHOPFE

covers criminal and administrative cases

merely recommends disciplinary action to the President

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Tan v. Comelec

act of deputy is act of Comelec

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People v. Basilia

register political organizations

must present platform or program of government

not religious denominations and sects

anti-violence and pro-Constitution

not supported by foreign governments (including financial contributions)

file, on its own or upon complaint, petitions for inclusion or exclusion of voters

investigate and prosecute cases of violations of election laws including election frauds

RTC has authority to try and decide criminal cases involving elections

People v. Delgado

Exclusive power to conduct preliminary investigation for purposes of a) filing information and b) help

judge in determining whether warrant of arrest should be issued

o

Kilosbayan v. Comelec

Prosecution of election offenses is exclusively under Comelec

People v. Judge Inting

recommend to Congress

measures to minimize election spending

measures to prevent and penalize all forms of election fraud

recommend to the President

removal of any deputized person

imposition of any disciplinary action

submit comprehensive report

promulgate rules of procedure (Sec. 3)

supervise or regulate franchises or concessions granted by the Government (e.g., media,

transportation and public utilities) (Sec. 4)

o

equal opportunity in time and space

reasonable rates

meet CHOPFE objectives

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Sanidad v. Comelec

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Philippine Press Institute v. Comelec (print)

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Telebap v. Comelec (broadcast)

recommend pardon for election offenses (Sec. 5)

check on Presidential Power

4. Administrative Matters

may sit en banc or in two divisions

pre-proclamation cases shall be decided in division provided that MRs shall be decided en banc

5. Party Matters

free and open party system (Sec. 6)

party list registration (Sec. 7)

no representation in voter boards (Sec. 8)

may appoint poll watchers

6. Other matters

Election period

90 days before election day and 30 days thereafter (Sec. 9)

Bona fide candidates free from harassment (Sec. 10)

Election expenses provided in regular or special appropriations and released automatically upon

certification by the Commission Chairman (Sec. 11)

Second placer rule

Loreto v. Brion

D. COMMISSION ON AUDIT
1. Composition (Sec. 1)

Chairman and 2 Commissioners

natural born citizens

at least 35

not candidates in immediately preceding election

CPA or lawyer with 10 year auditing or practice of law experience

not all Members belong to the same profession

2. Appointment (Sec. 1)

7 year term without re appointment

consent of Commission on Appointments needed

appointment to any vacancy only for unexpired term

no member appointed in a temporary or acting capacity

3. Powers

examine, audit and settle accounts pertaining to the revenue, receipts of or uses of funds pertaining to

the Government of GOCCs with original charters (pre-audit)

Constitutional bodies and offices granted fiscal autonomy

autonomous state colleges and universities

other GOCCs and their subsidiaries

non-Governmental entities receiving subsidies from the Government (post-audit) (Sec. 2)

settle accounts means power to settle liquidated accounts which may be adjusted simply by an

arithmetical process
o

law appropriating funds for a purpose

contract entered into by proper officer pursuant to law

whether goods or services covered by contract have been delivered

payment has been authorized by proper officials

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Guevara v. Gimenez

define scope of audit and promulgate accounting and audit rules

no law passed exempting any Governmental entity from COA jurisdiction (Sec. 3)

submit annual report to President and Congress (Sec. 4)

4. Cases

COA has authority to interpret failure of public bidding

Danville v. COA

COA has authority to promulgate rules to prevent irregular, unnecessary, excessive or extravagant

expenses
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Dingdong v. Guingona

Polloso v. Gangan