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Article IX - ConCom

Common Provisions
Status

Independent Bodies with Fiscal Autonomy

Powers

To appoint officials and employees


To promulgate own rules which shall not diminish, increase
or modify substantive rights
To decide cases by a majority vote

Review by SC

Certiorari

Prohibitions

Double office/employment
No practice of profession
No active management or control of any business which
may be affected by functions of office
No financial interest directly or indirectly in any
contract/franchise/privilege granted by Government
Cases:

Trade and Investment v. CSC GR 182249, March 5, 2013


De la Llana v. Chairperson, COA GR 180989, February 7, 2012
Sahali v. Comelec 688 SCRA 552

COMPARATIVE MATRIX (AIX)


CSC

COMELEC
Chairman
6 Commissioners
NBC
35 years old
College degree
Majority IBP
(including Chair)

COA

Composition

Chairman
2 Commissioners
NBC
35 years old
proven capacity
for public
administration

Chairman
2 Commissioners
NBC
35 years old
CPA or IBP
member with 10
yrs. of practice
but at no time
shall all
commissioners
belong to same
profession

Prohibition

Must not have been candidates for any elective position in


the elections immediately preceding their appointment.

Appointment/ With confirmation by CA and no reappointment


Term Limit
7 years, staggered (7,5,3)
Successor finishes unexpired term only
No designation in a temporary or acting capacity

TOPICAL ISSUES (AIX)


CSC (IX-B)
Coverage of civil service
(9-B, s. 2(1))

Distinction: career v. noncareer (9-B, s. 2 (2))


Security of tenure
(9-B, s. 2 (3), (6))

Partisan political activity


(9-B, s. 2 (4))

Self-organization (9-B, s. 2(5))


Standardization of
compensation (9-B, s. 5)
Political lameducks 1 year
bar (9-B, s. 6)
Double office (9-B, s. 7)
Double compensation; gifts,
title from foreign government
(9-B, s. 8)

COMELEC (IX-C)
Exclusive original jurisdiction
(A9-C, s. 2 (2))

Election-related powers:
Election questions
Deputize, with concurrence of President,
law enforcement agencies
Register political parties
File complaints and prosecute
Recommend to President removal of
officers
Supervise or regulate, during election
period, franchises/public utilities/GOCCs
Recommend to President clemency
powers re: pardon, amnesty, parole or
suspension of sentence in election
offenses
Party-list entitled to poll watchers only

COA (IX-D)
Power to audit and settle all
government, GOCCs funds
(9-D, s. 2 (1)

Post-audit:
Constitutional bodies with
fiscal autonomy
Autonomous state colleges and
universities
GOCCs without original
charter
NGOs receiving government
subsidy
Disallow irregular,
unnecessary, excessive,
extravagant or unconscionable
expenditures (9-D, s. 2 (2))

(9-C, s. 8)

Cases:

Cases:

Cases:

Article X- Local Government


Manner of Creation
(alteration, merger)

Territorial/
Political Subd.

Provinces
Cities
Municipalities
Barangays

Criteria in Local Government


Code and subject to approval
by majority in plebiscite in
political units directly affected

Other Structures

Autonomous Regions (CAR


and ARMM)
Special Metropolitan
Political Subdivisions( basic
services)
Regional Development
Councils (administrative
decentralization to
accelerate development)
Groupings for Common
Benefit (mere coordination)

Organic Act
By Law, subject to plebiscite

By President

By Local Governments

Governing Principles
in General

Local Autonomy- Local Government Code


(recall, initiative/referendum, allocation of
powers)
General supervision by the President
Revenue-raising; accrues exclusively in local
government
Just share in national taxes; automatically
released (IRA)
Equitable share in proceeds of utilization of
national wealth within respective areas
Term of elective local officials:
GR- 3 years (maximum of 3 terms)
Except barangay; by law
Sectoral representation in legislative bodies
Independence of highly urbanized cities and
component cities whose charters prohibit
their voters from voting for provincial
elective officials; voters in other component
cities within a province, whose charters
contain no such prohibition, may vote for
elective provincial officials

Limitations on CAR/
ARMM

Coverage: provinces, cities, municipalities


and geographical areas sharing common/
distinct/ historical/ cultural heritage/
economic/ social structures
Test: within framework of Constitution,
national sovereignty and territorial integrity of
the Republic
Exercise powers only granted by the
Constitution or by law
Organic Act: drawn by Congress with
participation of regional (multi-sectoral)
consultative commission (appointed by the
President)
Structure: Executive Department and
Legislative Assembly (all elected); Special
Courts (personal, family, property law)
consistent with the Constitution and national
laws
Effectivity: approved by majority of
constituent units (includes only areas
favorably voting)

Organic Act to provide legislative powers


over:
(1) Administrative organization
(2) Source of revenue
(3) Ancestral domain and natural resources
(4) Personal, family and property relations
(5) Regional urban and rural planning
development
(6) Economic, social and tourism
development
(7) Educational policies
(8) Preservation and development of the
cultural heritage
(9) Other matters provided by law to promote
general welfare
Local Police- Autonomous Region
Defense and Security- National Government

Article XI- Accountability of Public Officers


Impeachable Officers

Remedies

Who: President, VicePresident, SC Justices,


ConCom and Ombudsman
Grounds: culpable violation
of Constitution, treason,
bribery, graft and corruption,
other high crimes or betrayal
of public trust
Process: Impeachment
How initiated: (3 ways)
(1) verified complaint by
HR member
(2) verified complaint by
citizen upon resolution
or endorsement by HR
member
(3) verified complaint or
resolution by 1/3 of all
HR members

Other Public/Employees
Removed from office as
provided by law

Who Tries: If President on


trial, CJ presides with
Senate but CJ does not vote
Vote for conviction: 2/3
Limitations: 1 Impeachment
per year; only to remove
from office; subsequent
prosecution under separate
law; no double jeopardy
Character: sui generis

Anti- Graft Bodies


Ombudsman(Tanodbayan) Office of the Special Prosecutor

1 over-all Deputy;
1 each for Luzon,
Visayas, Mindanao and
the military
Qualification: NBC, 40
years old, Philippine
Bar member and not a
candidate for any
elective office in the
immediately preceding
election; Ombudsman
with 10 years of
practice or a judge for
10 years
Disqualifications: same
as ConCom

Subordinate to
Ombudsman

Sandiganbayan
Anti-graft court

Appointment: By President from


list of 6 nominees; no confirmation
by CoA; vacancy filled-in from list
of 3 nominees
Term: 7 years with no
reappointment
Special Prohibition: cannot run in
election immediately succeeding
cessation from office
Fiscal Autonomy Automatic
release of appropriation

Ombudsman Powers and Functions


Act on complaints filed in any form vs. public officials/yees,
GOCCs
May investigate motu proprio any illegal, unjust, improper or
inefficient act
Direct public officials/yees, GOCCs with original charter to
perform any duty or correct any abuse
Recommend removal, suspension, demotion, fine, censure or
prosecution
To be furnished documents related to contracts involving
public funds

General Restrictions and


Requirements
GR: State with right to recover properties
unlawfully acquired by public officials/yees or
their nominees/transferees; no bar by
prescription, laches or estoppel

General Restrictions and Requirements


Loans by
Govt. banks

President, VP, Cabinet,


Loansfor any business
Congress, SC Justices,
purpose
ConCom, Omdudsman or
any firm or entity in which
they have controlling interest

SALNs

All public officers/yees


NOTE:
President, VP, Cabinet,
Congress, SC justices,
ConCom, other
constitutional officers, AFP
officers with general/flag
rank

Declare upon assumption of


office
Disclose to public in the
manner provided by law

Allegiance

All public officers/yees

Change of citizenship or
status as immigrant during
tenure to be dealt with by
law

Article XII- National Economy and Patrimony


General Principles

Raise quality of life


Protection of Filipino enterprises against unfair foreign competition and trade practices
Encourage broad ownership of private enterprises
Protection of indigenous communities
Use of property bears a social function
Common good
Reservation of certain areas of investment and preference to qualified Filipinos
Preferential use of Filipino labor and goods
Equality and reciprocity in trade policy
Development of national talents
Limitation of practice of professions to Filipino citizens
State temporary takeover of public utility or business during emergency
State permanent takeover of public utilities/private enterprises upon payment of just
compensation in the interest of national welfare or defense
Regulation/ prohibition of monopolies when public interest requires
Prohibition of combinations in restraint of trade
NEDA as independent economic and planning agency
BSP as independent central monetary authority
Violations of AXII subject to criminal and civil sanctions

Policies on Natural Resources

GR: Lands of public domain (L.P.D.), waters,


minerals, coal, petroleum, other mineral oils,
forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna and other
natural resources are OWNED BY THE
STATE and SHALL NOT BE ALIENATED
except agricultural lands.

Policies on Natural Resources


Activity/ Transaction

By whom

Limitations

Exploration, development,
utilization
Co-production, JV,
production sharing
Water rights for irrigation,
water supply, fisheries or
industrial uses (not for
development of water
power)
Use of marine wealth in
archipelagic waters,
territorial sea and EEZ
Small - scale utilization of
natural resources

State full control and


supervision
State and Filipino citizens or
corporations/associations
60% Filipino
(same)

State may undertake directly

Filipino citizens; with


priority to subsistence
fishermen and fishworkers

Rivers, lakes, bays and


lagoons

Large- scale exploration,


development and utilization
of minerals, petroleum and
other mineral oils (FTAA)

President and foreign-owned


corporations (100%)

Technical or financial
assistance under terms
provided by law; duty of
President to notify Congress
of contracts within 30 days
from execution

25 years renewable for 25


years under terms provided
by law
Beneficial use

Filipinos (exclusive)

Rules on Alienability of L.P.D


(a) L.P.D are classified into:
(i) agricultural
(ii)
forest or timber
(iii) mineral lands
(iv) national parks
(b) Agricultural lands classified further by law (e.g. residential,
commercial or industrial, etc)
(c) Only agricultural lands may be alienated
(d) Congress determines L.P.D subject to acquisition, lease or
development, including limits of forest lands and national
parks

Rules on Alienability of L.P.D


Activity/ Transaction
Lease of alienable L.P.D.
Lease of alienable L.P.D.
Acquisition by purchase,
homestead or grant of
alienable L.P.D.
Note: Save in cases of
hereditary succession,
private land may only be
transferred or conveyed to
individual/ corporation/
association qualified to
acquire or hold L.P.D.
Exception:
A natural born citizen of the
Philippines who lost
Philippine citizenship may
be a transferee of private
land

By whom
Private corporation or
association
Citizen
Citizen

Limitations
25yrs. renew 25yrs. ; 1000h
500 hectares
12 hectares

Rules on Investment, Concessions and


Franchises
Certain areas of investments

Reserved to Filipino citizens


or corporations/ associations
60% of capital owned by
Filipino citizens

Grant of concessions on
national economy and
patrimony

Preference to qualified
Filipinos

Franchise (public utility)

Filipino citizens or
corporations or associations
60% of capital owned by
Filipino citizens

When national interest


dictates; highest percentage
of ownership may be
prescribed by Congress

50 years; subject to
amendment/ revocation
Note: Foreign investors in
governing board of public
utility are limited to
proportionate share in its
capital and all executive/
managing officers must be
Filipino citizens.

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