Independent Constitutional Commission 1. Civil Service Commission
2. COMELEC
3. Commission on Audit
Safeguards Insuring the Independence of the Commission
1. constitutionally created, and not be abolished by statute
2. expressly described as “independent” 3. conferred certain powers and functions which cannot be reduced by statute
4. enjoy fiscal autonomy
“no report, no release” policy may not be validly enforced against offices vested with fiscal autonomy.
Automatic release of approved annual appropriations to a constitutional
commission vested with fiscal autonomy should be construed to mean that no condition to fund releases to it may be imposed.
Provision in Section 3, Article VIII, prohibiting the reduction in the appropriation for the Judiciary below the amount appropriated for the previous year does not appear in Section 5, Article IX- A…. Congress is not prohibited from reducing the appropriations Constitutional Commissions below the amount appropriated for them for the previous year. 5. promulgate its own procedural rules, provided they do not diminish, increase or modify substantive rights (subject to disapproval by the SC)
6. appoint their own officials and employees in accordance with Civil Service Law
7. Chairman and members removed only by impeachment
8. Chairman and members are given a fairly long term of 7 years
9. Chairman and members may not be reappointed or appointed in an acting capacity
10. salaries of Chairman and members are relatively high and may not be decreased during continuance in office
11. Chairman and members are subject to certain disqualification calculated to strengthen their integrity
Inhibitions/Disqualifications
1. not hold any other office or employment, during tenure
2. not engage in the practice of any profession
3. not engage in the active management or control of any business which in any way may be affected by the functions of his office
4. not be financially interested, directly or indirectly, in any contract or in any franchise or privilege granted by the Government
Rotational Scheme of Appointments
- First appointees serve terms of 7, 5 and 3 years.
- After the first commissioners are appointed, the rotational scheme is intended to prevent the possibility of one President appointing all the Commissioners.
- Rotational plan requires:
1. terms of the first commissioners should start on a common date
2. any vacancy due to death, resignation or disability before the expiration of the term should only be filled for the unexpired balance of the term.
Decisions
1. Each Commission shall decide by a majority vote of all its members any case or matter brought before it w/in 60 days from the date of its submission for decision or resolution.
- Majority vote of ALL members and not only of those who participated in the deliberations and voted thereon.
- Retired prior to promulgation of decision votes should be considered withdrawn, as if they had not signed the resolution; only the votes of the remaining commissioners shall be counted.
- Treat the procedural requirements on deadlines realistically.
2. Aggrieved party may bring the decision to the SC on certiorari w/in 30 days from receipt of copy
- When Court reviews a decision of the COMELEC, the Court exercises extraordinary jurisdiction; thus the proceeding is limited to issues involving grave abuse of discretion resulting in lack or excess of jurisdiction and does not ordinarily empower the Court to review factual findings.
- Certiorari under R65 is the appropriate remedy.
- Judgment of the COA are not reviewable by ordinary writ of error or appeal by certiorari to the SC. Only when COA acts without or in excess of jurisdiction, or with GAD amounting to lack or excess of jurisdiction, may this court entertain a petition for certiorari under R65.
- Decisions of the CSC shall be appealable by certiorari to the CA w/in 15 days from receipt of a copy. From the decision of the CA, the party adversely affected thereby shall file a petition for review on certiorari under R45.
Enforcement of Decision
- Final decision of the CSC are enforceable by writ of execution which CSC may itself issue.
CIVIL SERVICE COMMISSION Composition
- Chairman
- 2 Commissioners Qualifications 1. Natural-born
2. at the time of the appointment at least 35 years old
3. proven capacity for public administration
4. not have been candidates for any elective position in the election immediately preceding their appointment
Term
- Appointed by the President with the consent of the Commission on Appointments
- Term of 7 years, without reappointment - In no case shall any member be appointed or designated in temporary or acting capacity.
1. central personnel agency of the Government
2. establish a career service
3. adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness and courtesy in the civil service
4. strengthen merit and reward system 5. integrate all human resources development programs for all levels and ranks
6. institutionalize a management climate conducive to public accountability
- Granting civil service eligibility to employees under provisional or temporary status who have rendered 7 years of efficient service is DISCRETIONARY on the CSC and may not be compelled by mandamus to issue such eligibility.
- CSC cannot validly abolish Career Executive Service Board
- Power to hear and decide administrative cases instituted before it directly or on appeal, including contested appointments. - Power to recall an appointment initially approved in disregard of the applicable provisions of the Civil Service law and regulations.
- Original jurisdiction to hear and decide a complaint for cheating in the CS examinations by a government employee. - Decisions of lower level officials in cases involving personnel actions be appealed to the agency head then to the CSC. (not RTC)
- CSC does not have appellate jurisdiction over a case of separation from government service under Section 2, Article II of the Provisional Constitution.
Scope of the CS
- Embrace ALL branches, subdivisions, instrumentalities and agencies of the Government, including GOCCs with original charter
- “with original charter” refers to corporation chartered by special law as distinguished from corporations organized under the Corporation Code
- Includes:
1. Economic Intelligence and Information Bureau
2. Jose M. Rodriguez Hospital 3. Philippine National Red Cross 4. UP
5. Morong Water District - N/A:
1. National Housing Corporation Classes of Service
1. Career Service a. Description
- Entrance based on merit and fitness, as far as practicable by competitive examinations
- Or based on highly and technical qualifications
- Opportunity for advancement to higher career positions
- Security of tenure b. Includes:
1) Open Career Service
- Prior qualification in an appropriate examination is required
2) Closed Career Service - Scientific or highly technical 3) Career Executive Service
- Undersecretaries, bureau directors, etc. 4) Positions in the Armed Forces of the Philippines
- Governed by a different merit system 5) Career Officers
- Other than those belonging to Career Executive Service, appointed by President, e.g. foreign service
6) Personnel of GOCC w/ original charters 7) Permanent laborers (skilled, semi-skilled or unskilled)
c. Incumbents of positions which are declared to be CES positions for the first time who hold permanent appointments
shall remain under permanent status in their position. Upon promotion or transfer to other CES positions, these incumbents shall be under temporary status in said other CES positions until qualify,
d. Mere fact that a position belongs to the CES does not automatically confer security of tenure on the applicant. Such right will have to depend on the nature of his appointment which depends on his eligibility or lack of it.
e. A person who does not have the requisite qualifications for the position cannot be appointed.
- Exception: acting capacity in the absence of appropriate eligibles.
f. Security of Tenure in the CES – pertains only to RANK and not to the office or the position to which they may be appointed. 1) Career executive service eligibility
2) Appointment to the appropriate career executive service rank
2. Non-Career Service a. Description
- Entrance on bases other than those of the usual tests utilized for the career service - Tenure
1) limited to a period specified by law or 2) which is co-terminous with that of the appointing authority or
3) subject of his pleasure or
4) which is limited to the duration of a particular project for which purpose the employment was made.
b. Includes:
1) Elective officials, personal and confidential staff
2) Department Heads and officials of Cabinet rank who holds office at the pleasure of the President, personal and confidential staff
3) Chairmen and members of commissions/boards w/ fixed terms of office, personal and confidential staff
4) Contractual personnel/ those whose employment in government is in accordance
with a special contract to undertake a specific work or job requiring special or technical skills not available in employing agency, to be accomplished within a period not exceeding 1 year, under his own responsibility, with minimum direction and supervision
5) Emergency and seasonal personnel - Under Administrative Code, the CSC is expressly empowered to declare positions in the CS as primarily confidential.
- Enumeration in the Civil Service decree, which defined the non-career service is not an exclusive list
Appointments in Civil Service
- According to merit and fitness to be determined, as far as practicable by competitive examination
- Except to positions which are: 1) Policy-determining
2) Primarily confidential or 3) Highly technical
- Principles
1) Classification of a particular position as policy-determining, primarily confidential or highly technical amounts to no more than an executive or legislative declaration that is not conclusive upon the courts, the true test being the nature of the position
2) The exemption provided pertains only to exemption from competitive examination to determine merit and fitness to enter the civil service
- Exempt from competitive examination to determine merit and fitness:
1) Policy-determining
Officer lays down principal or fundamental guidelines or rules
E.g. department head 2) Primarily confidential
Not only confidence in the aptitude if the appointee for the duties of the office but primarily close intimacy which ensures freedom of intercourse without
embarrassment or freedom from misgivings or betrayal on confidential matters of state NATURE of the position which determined whether a position is primarily confidential, policy-determining or highly technical
“proximity rule” – can be considered as confidential employee if the predominant reason why he was chosen by the appointing authority was the latter’s belief that he can share a close intimate relationship with the occupant which ensures freedom of discussion without fear of embarrassment or misgivings of possible betrayals of personal trust or confidential matters of the State. Where the position occupied is remote from that of the appointing authority, the element of trust between them is no longer predominant, and cannot be classified as primarily confidential.
3) Highly technical – requires possession of technical skill in a superior degree.
Discretion of the Appointing Authority Where the appointee possesses the minimum qualification requirements prescribed by law for the position, the appointing authority has discretion who to appoint.
Even if officers and employees in the career service of the Civil Service enjoy preference in the promotion, it is not mandatory that the vacancy be filled by promotion.
Discretion of the appointing authority is not only in the choice of the person who is to be appointed, but also in the nature or character of the appointment issued.
CSC cannot convert temporary appointment to a permanent one arrogation of power belonging to appointing authority.
May approve as merely temporary an appointment intended to be permanent when the appointee does not possess the requisite eligibility and the exigency of the service
demands that the position be filled even in a temporary capacity.
Role of the CSC
Check if the appointee possesses the qualifications and appropriate eligibility; if he does, appointment is approved; if he doesn’t, appointment is disapproved.
Selection or placement is made through the Placement Committee, the members of which are the representatives of the head of the agency as well as representatives of the employees. Said Committee’s work is merely recommendatory.
Appointment should be submitted to the CSC w/in 30 days from issuance; otherwise, it shall be ineffective.
CSC Memorandum Circular – only the appointing authority has the right to challenge the CSC’s disapproval of an appointment.
Abella, Jr. vs. CSC both the appointing authority and the appointee are the real parties in interest and both have legal standing
Challenge to the appointing authority’s discretion
While appointee has no vested right to the position, it was his elgibility that was being questioned; he has a personal stake in the outcome
Disqualifications
1) Lost in any election within 1 year preceding the appointment
2) Elective official during tenure
3) Appointive official, except when allowed by law or the primary functions of his position
Ex-officio capacity Security of Tenure
- Removed and suspended for case provided by law.
- Ground, procedure for investigation and the discipline of career service officers and
EEs Career Service Law; Non- compliance constitutes denial of the right to security of tenure
- Presidential appointee direct disciplinary authority of the President
- Reassignment does not offend the constitutional guarantee
- Reinstatement – deemed not to have left his office; entitled to payment of back salaries, notwithstanding silence.
Payment of back wages during the period of suspension of a civil servant who is subsequently reinstated is proper only if he is found innocent of the charges and the suspension is unjustified.
BUT where the reinstatement is ordered not as a result of exoneration but merely as an act of liberality, the claim for back wages was not allowed. It follows the general rule that the public official is not entitled to compensation if he has not rendered any service.
- Valid abolition of office does not violate the constitutional guarantee of security of tenure.
- ROC, career service officer or employee who has been unlawfully ousted from his office has 1 year within which to file an action in court to recover office.
Exception: Cristobal vs. Melchot grounds of equity
- Appellate jurisdiction of the CSC only over Merit System Protection Board’s decisions in administrative disciplinary cases involving the imposition of the penalty of suspension, fine, demotion in rank or salary, transfer, removal, dismissal from office – not over MSPB decision exonerating the accused. Only by the party adversely affected (Not ER).
- He who, while occupying one office, accepts another incompatible with the first, ipso facto vacates the first office and his title thereto is thereby terminated without any other act of proceeding.
Canonizado vs. Aguirre: accepted another position while case questioning the law that removed him from his first position was still pending.
Partisan Political Activity – no officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign
Except to vote
Does not prevent expression of views regarding political problems or mention the names of the public officers he supports Applicable to military establishments only to those in the active military service, not to reservists
Exemptions:
1. members of the Cabinet
2. public officers and employees holding political offices
The above 2 are allowed to take part in political and electoral activities, except to solicit contributions from their subordinates or commit acts prohibited under the Election Code.
The right to Self-organization shall not be denied to government employees
May not engage in strikes to demand changes in the terms and conditions of employment because such are provided for by law.
Temporary employees of the Government shall be given such protection as may be provided by law.
Standardization of Compensation
Provided for by Congress (and also qualification required fir their positions) Double Compensation
No elective or appointive public officer or employee shall receive additional, double or indirect compensation, UNLESS specifically authorized by law,
Nor accept without the consent of Congress, any present, emoluments office or title of any kind from any foreign government.
Pensions and gratuities shall not be considered as additional, double or indirect compensation.
Retiree can continue to receive such pension/gratuity even after he accepts another government position to which another compensation is attached.
Oath of Allegiance – shall take an oath or affirmation to uphold and defend this Constitution COMMISSION ON ELECTIONS Composition - Chairman - 6 Commissioners Qualifications 1. Natural-born
2. at the time of the appointment at least 35 years old
3. holder of a college decree
4. not have been candidates in the immediately preceding election
5. majority, including the chairman, must be member of the Philippine Bar who have been engaged in the practice of law for at least 10 years.
Term
- Appointed by the President with the consent of the Commission on Appointments
- Term of 7 years, without reappointment - In no case shall any member be appointed or designated in temporary or acting capacity.
En Banc and Division cases
It may sit en banc of in 2 division, and shall promulgate its rules of procedure in
order to expedite disposition of cases, including pre-proclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided en banc.
Cases which must first be heard and decided in division
1. all election cases, including pre- proclamation contests, originally cognizable by the Commission
2. cancel certificate of candidacy
3. cases appealed from the RTC or MTC (SC may motu proprio consider question of jurisdiction)
4. petition for certiorari filed with COMELEC from a decision of the RTC or MTC
Exceptions:
1. error in tabulation results or tallying of results by the Board of Canvassers, merely clerical in nature (petition for correction of manifest errors in the Statement of Votes) 2. prosecution cases involving violation of election laws
The rule that all election cases shall be heard and decided in division applies only when the COMELEC exercises its adjudicatory powers or quasi-judicial functions, not when it exercises purely administrative functions.
COMELEC decisions reviewable by the SC 1. decisions of COMELEC en banc, on certiorari
2. only decision of COMELEC in the exercise of its adjudicatory or quasi-judicial power may be brought to SC on certiorari if merely administrative in character ordinary civil action before trial courts
COMELEC en banc shall promulgate rules concerning pleadings and practice before it or before any of its offices, but they must not diminish, increase or modify substantive rights
subject to the rule that rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the SC
rules on civpro regarding demurrer to evidence cannot apply to election cases, even by analogy in suppletory character. Authority to suspend reglamentary periods provided by its rules, or the requirement of NFS, in the interest of justice and speedy resolution of cases. It is not constrained to dismiss a case on the ground of non-payment of filing fees.
Fingerprinting of chairman and members of the Board of Election Inspectors is an internal matter and may be done even without prior notice.
Constitutional Powers and Functions
1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum or recall
2) Exclusive original jurisdiction
a. All contests relating to the elections, returns and qualifications of all elective regional, provincial and city officials.
Exclusive appellate jurisdiction
b. All contests involving elective municipal officials decide by RTC
c. Elective barangay officials decided by MTC
3) Decide all questions relating to elections