3.1. Análisis y discusión de los resultados
3.1.2 Resultados por objetivos
(1) Commission on Election (COMELEC) (2) Commission on Audit (COA)
(3) Civil Service Commission (CSC)
A. CONSTITUTIONAL SAFEGUARDS TO ENSURE INDEPENDENCE OF COMMISSIONS
(1) Constitutionally created; cannot be abolished by statute.
(2) Powers and functions cannot be reduced by statute.
(3) Independent constitutional bodies.
(4) Chairmen and members cannot be removed except by impeachment.
(5) Fixed term of office of 7 years.
(6) Chairmen and members may not be appointed in an acting capacity.
(7) Salaries of Chairmen and members may not be decreased during their tenure.
(8) Commissions enjoy fiscal autonomy.
(9) Each Commission may promulgate its own procedural rules, provided they do not diminish, increase or modify substantive rights.
(10) Commissions may appoint their own officials and employees in accordance with Civil Service Law.
B. POWERS AND FUNCTIONS B.1. CIVIL SERVICE COMMISSION
Central personnel agency of the government.
Functions and Powers[Art. IX-B, Sec. 3]
(1) Establish a career service;
(2) Promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service;
(3) Strengthen the merit and rewards system;
(4) Integrate all human resources development programs for all levels and ranks;
(5) Institutionalize a management climate conducive to public accountability;
(6) Submit to the President and the Congress an annual report on its personnel programs.
Scope of the Civil Service
Embraces all branches, subdivisions, instrumentalities and agencies of the Government, including GOCCs with original charters. (Sec. 2(1), Art. IX-B).
Appointments in the Civil Service
General Rule: Made only according to merit and fitness to be determined, as far as practicable, by competitive exam.
Exceptions:
(1) Policy determining – where the officer lays down principal or fundamental guidelines or rules; or formulates a method of action for government or any of its subdivisions, e.g. department head.
(2) Primarily confidential – denoting primarily close intimacy which ensures freedom of intercourse without embarrassment or freedom from misgivings or betrayals on confidential matters of state [De los Santos v. Mallare (1950)]; OR one declared to be so by the President of the Philippines upon the recommendation of the CSC [Salazar v.
Mathay (1976)].
(3) Highly technical – requires possession of technical skill or training in supreme degree.[Mallare, supra]
Disqualifications –The following may not be appointed:
(1) Candidate who has lost in any election, within 1 year after such election; for appointment in the government, or any GOCC or subsidiary. (Art. IX-B, Sec. 6) (2) Elective official; for any public office or
position during his tenure. (Art. IX-B, Sec. 7[1])
38 (3) Appointive official; for any other office
or employment in the govt., or GOCCs or its subsidiary. (Art. IX-B, Sec. 7[2]), unless otherwise allowed by law OR by the primary functions of his position
*No office or employee in the civil service shall engage directly or indirectly, in any electioneering or partisan political activity.(Art.
IX-B, Sec. 2[4])
B.2. COMMISSION ON ELECTION
Functions and Powers(1) Enforce all laws relating to the conduct of election, plebiscite, initiative, referendum and recall.
Initiative– The power of the people to propose amendments to the Constitution or lawsin an election called for that purpose. Three systems:
initiative on (1) Constitution, (2) statutes, or (3) local legislation [R.A. 6735, Sec. 2(a)].
Referendum – The power of the electorate to approve or reject legislation through an election called for that purpose. Two classes:
referendum on (1) statutes or (2) local laws. [Id., Sec. 2(c)].
Recall – Termination of a local elective official for loss of confidence prior to the expiration of his term through the will of the electorate.
Plebiscite – Submission of const. amendments or important legislation to the people for ratification.
(2) Recommend to Congress effective measures to (a) minimize election spending, and (b) prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.
(3) Submit to the President and the Congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.
Power to declare failure of election – COMELEC may exercise power motu proprio or upon a verified petition, and the hearing of the case shall be summary in nature.
(4) Decide administrative questions pertaining to elections except the right to vote.
(5) File petitions in court for inclusion/exclusion of voters.
(6) Investigate/prosecute cases of election law violations.
The COMELEC has exclusive jurisdiction to investigate and prosecute cases for violations of election laws. [De Jesus v. People (1983)]
COMELEC may validly delegate this power to the fiscal. [People v. Judge Basilia (1989)]
(7) Recommend pardon, amnesty, parole or suspension of sentence of election law violators.
(8) Deputize law enforcement agencies and gov’t instrumentalities for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.
(9) Recommend to the President the removal of any officer or employee it has deputized for violation or disregard of, or disobedience to its directive.
(10) Registration of political parties, organizations and coalitions and accreditation of citizens’ arms.
(11) Regulation of public utilities and media of information. Note: This power may be exercised only over the media, not over practitioners of media. [See Sanidad v.
COMELEC (1990)]
(12) Decide election cases: If the COMELEC exercises its quasi-judicial functions (e.g.
hearing and deciding election cases) then the case must be heard through a division. If the COMELEC exercises its administrative functions or hears a motion for reconsideration then it must act en banc.
[Bautista v. COMELEC, 414(2003)].
39
B.3. COMMISSION ON AUDIT
Powers and Functions
(A) Examine, audit, and settle accounts pertaining to government funds or property:
its revenue, receipts, expenditures, and uses.
(B) Exclusive Authority to
a. Define the scope of its audit and examination;
b. Establish techniques and methods required ;
c. Promulgate accounting and auditing rules and regulations.
Note: Art. IX-D, sec. 3.No law shall be passed exempting any entity of the Government or its subsidiaries in any guise whatever, or any investment of public funds, from the jurisdiction of the COA.
C. PROHIBITED OFFICES AND INTERESTS
No member of the Commissions shall, during their tenure:
(1) Hold any other office or employment. This is similar to the prohibition against executive officers. It applies to both public and private offices and employment.
(2) Engage in the practice of any profession.
(3) Engage in the active management or control of any business which in any way may be affected by the functions of his office.
(4) Be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by, the Government, its subdivisions, agencies or instrumentalities, including GOCCs or their subsidiaries.
D. JURISDICTION
D.1. CIVIL SERVICE COMMISSION
(1) Jurisdiction to hear and decide administrative cases instituted before it directly or on appeal, including contested appointments. (Admin. Code)
(2) Original jurisdiction to hear and decide a complaint for cheating in the Civil Service examinations committed by government employees. [Cruz v. CSC (2001)]
(3) Appellate jurisdiction over decisions of lower level officials in cases filed against erring employees in connection with the duties and functions of their office. [Olanda v. Bugayong (2003)]
General Jurisdiction: All civil service positions in govt. service, whether career or non-career [Const., Rev. Admin. Code]
Specific Jurisdiction: See Revised Uniform Rules on Administrative Cases in the Civil Service; see also CSC Resolution No. 991936, detailing the disciplinary and non-disciplinary jurisdiction
D.2. COMMISSION ON ELECTIONS
Exclusive: All contests relating to the elections, returns and qualifications of all elective regional, provincial, and city officials.
Appellate: All contests involving elected municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by a court of limited jurisdiction. [Garcia v. De Jesus]
D.2. COMMISSION ON AUDIT
(A) Examine, audit, and settle all accounts (1) pertaining to revenue, receipts and expenditures or uses (2) of funds and property, owned, held in trust by, or pertaining to (3) the government, any of its subdivisions, agencies, or instrumentalities, including GOCCs with original charters (B) On post-audit basis:
a. Constitutional bodies, commissions and officers that have been granted fiscal autonomy under the Const.
40 b. Autonomous state colleges and
universities;
c. Other GOCCs and their subsidiaries;
and
d. Such non-governmental entities receiving subsidy or equity, directly or indirectly, from or through the government, which are required by law or the granting institution to submit to such audit as a condition of subsidy or equity. [Phil. Society for the Prevention of Cruelty of Animals v. COA (2007)]
E. REVIEW OF FINAL ORDERS, RESOLUTIONS, AND DECISIONS
E.1. QUASI-JUDICIAL FUNCTIONS
DecisionsEach Commission shall decide, by a majority vote of all its members (read: not only those present), any case or matter brought before it within 60 days from the date of its submission for decision or resolution. [Art. IX-A, Sec. 7]
Any decision, order, or ruling of the Commissions may be brought to the SC on certiorari by the aggrieved party within 30 days from receipt of the copy thereof. [Id.]
Certiorari jurisdiction of the Supreme Court (1) Decisions, order or ruling of the
Commissions in the exercise of their quasi-judicial functions may be reviewed by the Supreme Court.
(2) The mode of review is a petition for certiorari under Rule 64 (not Rule 65).Court not empowered to review factual findings of the Commission. [Aratuc v. COMELEC, (1999)]
(3) Exception: The Rules of Civil Procedure provides for a different legal route in the case of the Civil Service Commission. In the case of CSC, Rule 43 will be applied, and
the case will be brought to the Court of Appeals.
E.2. ADMINISTRATIVE
Each Commission shall appoint its own officials in accordance with law [Art. IX-A, Sec. 4]
Each Commission en banc may promulgate its own rules concerning pleadings and practices before it [Id., Sec.6]
Each Commission shall perform such other functions as may be provided by law [Id., Sec. 8]
The SC does not exercise general administrative supervision over the Const. Commissions.
Any question pertaining to the validity of acts of Const. Commissions that (a) do not involve the exercise of discretion or (b) its quasi-administrative jurisdiction may be taken in an ordinary civil action before the trial courts.
[Salva v. Makalintal (2000)]