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ESSENTIAL ELEMENTS OF THE STATE ADMINISTRATION V. GOVERNMENT

People - inhabitants of the State and it requires Administration is only transitional which means that
that there must be both sexes for purpose of it ends upon the expiration of the term of the
procreation. delegate such as the President. It acts the
government. Government is permanent and an
Territory – fixed portion of the surface of the earth element of State which the will of the State is
where the inhabitants of the State live. formulated, expressed and realized.
Government – an agency or instrumentality of the WHAT IS THE ROYAL PREROGATIVE OF
State which the will of the State is formulated, DISHONESTY? HOW MAY A PERSON
expressed and realized OVERCOME THIS ROYAL PREROGATIVE IN
ORDER TO SEEK REDRESS?
Sovereignty – supreme and uncontrollable power
inherent in a state by which that state is governed. It is the Doctrine of State Immunity which states
that the State cannot be sued unless it gives its
consent. A person may overcome this royal
ARCHIPELAGIC DOCTRINE prerogative if the State gives its consent to be
sued, either expressly or impliedly. It can also be
It is a principle which considers the group of islands determined WON a State is suable in the nature of
as one integrated unit. For this purpose, it requires its functions. If the State's fun’tion is jus imperi or
that straight baselines be drawn by connecting the those that are governmental in nature, it cannot be
appropriate points of the outermost islands to sued. If the State’s function is jus gestiones or
encircle the islands within the archipelago. We those that are proprietary in nature, it can be sued.
consider all the waters enclosed by the straight The basis of this doctrine is there can be no legal
baselines as internal waters. rights against the authority which makes the law on
which the right depends.
DOCTRINE OF PARENS PATRIAE
ARE INCORPORATED AGENCIES ALWAYS
It is the primary task of the government to act as
SUABLE?
parens patriae or the guardian of the rights of the
people. It is also the right of the government to file No. Incorporated agencies are those that have
a case for the State as parens patriae in separate juridical personality from the State and
representation of the legitimate claimants. have charters. The test of suability lies on the
(Government of the Philippine Islands v. Monte de charter. If it states that it can be sued, it is suable.
Piedad) However, if the charter is silent as regards suability,
then test of suability lies on the nature of its
DE JURE V. DE FACTO
functions. If it is for proprietary function, the
De Jure Government – a government that has a incorporated agency can be sued.
rightful title but has no control or power because
ARE INCORPORATED AGENCIES
such power already ceased or has not yet
PERFORMING GOVERNMENTAL FUNCTIONS
conferred
EXEMPT FROM SUIT?
De Facto Government – a government that has no
It depends. If the incorporated agency states in its
rightful title but has control or power
charter that it can be sued, then it can be sued
regardless of the nature of its functions.
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DOES THE PERFORMANE OF PROPRIETARY JUSTICIABLE QUESTION V. POLITICAL

ACTS BY AN UNINCORPORATED AGENCY QUESTION
CONCLUSIVELY RISE TO SUABILITY?
JUSTICIABLE POLITICAL QUESTION
It depends. If the performance of proprietary acts QUESTION
by the unincorporated agency is the nature of its Implies a given right, Questions, which under
function, then it gives rise to suability, but if it is legally demandable and the constitution, are to
enforceable, an act or be decided by the
merely incidental and its nature of function is
omission violative of people in their sovereign
governmental, it cannot be sued. such right, and a capacity or in regard to
remedy granted and which full discretionary
MANIFESTATIONS OF REPUBLICANISM sanctioned by law for authority has been
said breach of right. delegated to the
Representation – the people choose their
legislative/ executive
representatives branch of the
government
Renovation – representatives chosen by the people Deals with legality or Deals with the wisdom
can be changed when their term ceases. validity of an act of an act
In accordance with the Falls under the
MAY A CITIZEN REFUSE AN rules laid down by the discretion of another
APPOINTMENT/COMMISSION FOR THE Constitution department especially
DEFENSE OF THE STATE ON GROUNDS OF the people themselves
HIS/HER RELIGIOUS BELIEF?

No. As provided by Article II of the Constitution, the EXPLAIN THE SEEMINGLY PARADOXICAL
primary duty of the State is to protect its people and STATEMENT THAT WHILE THE SC HAS THE
in times of war it can require its people to render a FINAL SAY ON THE INTERPRETATION OF
personal military or civil service. A person cannot LAWS, EQUALITY EXISTS AMONG THE 3 CO-
refuse since it is compulsory and he may be EQUAL BRANCHES OF GOVERNMENT.
assigned to non-combat or any other civil services.
There is still equality since the SC only upholds the
EXPLAIN THE PROPER ACTION TO BE DONE supremacy of the Constitution and not its own
IN THE EVENT THAT GENERALLY ACCEPTED supremacy.
INTERNATIONAL PRINCIPLE CANNOT BE
HARMONIZED WITH A MUNICIPAL LAW. PERMISSIBLE INSTANCES OF DELEGATION
OF LEGISLATIVE POWERS
Generally, if there is a conflict between an
international law or municipal law, efforts must be 1. Delegation of Tariff Powers
exerted to harmonize both as to make them both 2. Delegation of Emergency Powers
applicable, In the case of Ichong v. Hernandez, it 3. Delegation to People at Large
further explained that if the conflict is irreconcilable, 4. Delegation to Local Governments
it is the municipal law that prevails because the 5. Delegation to Administrative Bodies
police power of the government cannot be CONG KAMBAL IS A DULY ELECTED REP. OF
bargained to any treaty. THE 1ST DIST. OF MANILA. DURING HIS
INCUMBENCY, HE WAS CHARGED WITH
SLIGHT PHYSICAL INJURIES RESULTING
FROM AN ALTERCATION HE HAD WITH A
FEMALE CHEERLEADER WHILE WATCHING A
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BLOW-OUT WIN BY THE RED LIONS IN THE Jus Soli – citizenship of an individual is acquired
NCAA. A VIGILANT WOMEN’S GROUP IS based on the place/state where he was born.
CALLING HIS ARREST WILE THE
CONGRESSIONAL SESSION IS RECESS WHAT ARE THE ENTICEMENTS IN RUNNING
SAYING THAT THE CONG’S ACT IS NOTHING FOR PRESIDENCY?
SHORT OF DISORDERLY BEHAVIOUR. DECIDE The different executive privileges and powers
One of the Parliamentary Immunities granted to a granted to the President.
member of HOR is the Privilege from Arrest. With WHAT IS POWER OF APPOINTMENT?
this privilege, he is immuned from arrest for criminal
offenses punishable by not more than 6 years The selection, by the authority vested with the
imprisonment provided that the Congress is in power, of an individual who is to exercise the
session. In this case, Kambal may invoke privilege functions of a given office.
from the arrest since the crime committed is slight
physical injuries, a crime punishable by not more It is the act of designation by the appointing officer,
than 6 years and it is during session. Session does body or board, to whom that power has been
not refer to the day-to-day meetings of the delegated, of the individual who is to exercise the
legislature but the entire period from its initial functions of a given office. (Appari v. CA, 127
convening until its final adjournment. Thus, Kambal SCRA 231)
can validly invoke Art VI, Sec 11 of the Constitution
WHO MAY BE APPOINTED BY THE
with regard to privilege from arrest.
PRESIDENT?
DIFFERENCE BETWEEN THE “A” & “THE” OF
There are 6 categories of officials who are subject
SECTION 1, ART VIII OF THE CONSTITUTION
to the appointing power of the President, to wit:
1935 CONSTITUTION- “a”, the recognition was
1. The heads of the executive departments
done on the person
2. Ambassadors, other public ministers and
1987 CONSTITUTION – “the” emphasized that the consuls.
power is vested on the office he represents. 3. Officers of the armed forces from the rank of
colonel or naval captain
QUALIFICATIONS FOR PRESIDENCY 4. Those other officers whose appointments
are vested in him by the Constitution
1. Natural-born citizen of the Philippines 5. All other officers of the government whose
2. At least 40 years of age on the day of appointments are not provided for by law
election 6. Those whom he may be authorized by law
3. Registered voter to appoint
4. Able to read and write (CONS. Art VII, Sec. 16)
5. Resident of the Philippines for at least 10
years immediately preceding such election WHAT IS COMMISSION?
(CONS. Art. VII, Sec. 2)
The commission is the written evidence of an
TWO WAYS OF DETERMINING CITIZENSHIP appointment.

Jus sanguinis – citizenship of an individual is PROCESS OF APPOINTMENT

acquired based on the citizenship of his parents
1. Nomination by the President

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2. Confirmation by the Commission on in pursuance thereof.

Appointments
3. Issuance of commission by the President, &
4. Acceptance by the appointee WHAT IS REMOVAL POWER?
NOTE: For appointments which do not In general, the express power of appointment, the
require confirmation, step 2 is removed. For President derives the implied power of removal.
ad interim appointments, step 2 is the last. However, it is not applicable to those appointed by
WHICH AMONG THE APPOINTMENTS NEED him where the Constitution prescribes certain
CONFIRMATION? methods for separation from public office such as
impeachment.
1. Heads of executive departments
2. Ambassadors and other public ministers HOW IS THE POWER OF CONTROL
and consuls MANIFESTED?
3. Officers of the AFP from the rank of colonel Through the power of control, the President has full
or naval captain control of all the executive departments, bureaus
4. Officers whose appointments are vested in and offices. He may appoint the members of the
him by the Constitution. Cabinet as he sees fit, shuffle them at pleasure,
WHAT ARE THE CLASSES OF and replace them in his discretion without any legal
APPOINTMENT? inhibition whatever.

The classes of appointment are: IS THE PRESIDENT THE ONLY ONE VESTED
WITH THE POWER TO APPOINT?
REGULAR AD INTERIM
APPOINTMENT No. Congress and ConComm can also appoint over
Made during legislative Made during recess their own respective personnel.
session
Made after nomination Made before the COMPOSITION OF COMMISSION ON
is confirmed by the confirmation of COA APPOINTMENTS
COA
Once confirmed by the Shall cease to be a. Senate President (ex officio Cahirman)
COA, it continues until valid if disapproved by b. 12 Senators
the end of the term of the COA or upon next c. 12 members of HOR
the appointee adjournment of the (CONS. Art VI, Sec 18)
Congress. (In b and c, they were elected by each
House on the basis of proportional
PERMANENT TEMPORARY representation from the political parties and
It is issued to a person It is issued to a person parties or organizations registered under the
who meets all the who meets all the party-list system represented therein.
requirements for the requirements for the
position to which he is position to which he is IF THERE IS A SESSION, CAN THE PRESIDENT
being appointed, appointed except the APPOINT?
including the appropriate appropriate eligibility.
eligibility prescribed, in Yes. The president can have regular appointments
accordance with the during the legislative session.
provisions of law, rules
& standard promulgated

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WHAT IS/ARE ADVANTAGS OF AD INTERIM discretion, order the act or replace. If rules are
APPOINTMENT? undone or redone by his not observed, he may
subordinate or he may order the work done or
a. It prevents hiatus in the discharge of even decide to do it redone but only to
official duties himself. conform to the
b. It takes effect immediately prescribed rule
c. It can no longer be withdrawn by the
President once the appointee has WHAT IS THE ALTER EGO PRINCIPLE?
qualified into office. ( Matibag v.
Benipayo, 429 Phil. 554) It is also called the Doctrine of Qualified Political
d. It is permanent in character Agency. The acts of the subordinates are
presumed acts of the Chief Executive unless the
latter disapproved the act.
WHAT IS CONTROL? POWER OF THE PRESIDENT AS COMMANDER-
IN-CHIEF
Control is the power of an officer to alter or modify
or nullify or set aside what a subordinate officer had The President has the power to call out the Armed
done in the performance of his duties and to Forces to prevent or suppress lawless violence,
substitute the judgment of the former for that of the invasion or rebellion.
latter. (Mondano v. Silvosa)
IS APPOINTMENT EXCLUSIVE?
CAN THE PRESIDENT EXERCISE CONTROL ON
ALL EXECUTIVES? No. The Congress and ConComm can also appoint
their own respective personnel.
Yes. Article VII, Sec 17 of the Constitution
expressly provides that the President shall have the IF NOT UNDER THE SIX POSITIONS
control of all executive departments, bureaus and MENTIONED (THAT NEED TO BE APPOINTED
offices. BY THE PRESIDENT), WHO APPOINTS THEM?

DIFFERENCE OF CONTROL AND SUPERVISION The Congress, The Concomms and the Judiciary
can also appoint their officials and employees.
Control is the power of an officer to alter or modify
or nullify or set aside what a subordinate officer had DOES THE POWER OF APPOINTMENT CARRY
done in the performance of his duties and to WITH IT THE POWER OF REMOVAL?
substitute the judgment of the former for that of the
latter while supervision is the overseeing or the Yes but not in all cases. It cannot be used when the
power or authority of an officer to see that Constitution expressly provides the certain methods
subordinate officers perform their duties. The on how the appointees be removed such as
former is stronger than the latter. impeachment.

CONTROL SUPERVISION LIMITATIONS ON POWER TO APPOINT

(Drilon v Lim, 235 SCRA 135)
a. The Members of the Cabinet, and their
Officer lays down the Officer does not have
rules in the doing of an the authority to do so deputies and assistants shall not, unless
act otherwise provided in the Constitution hold
If rules are not followed, Officer does not have any other office or employment during their
officer may, in his the discretion to modify tenure.

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b. The spouse and relatives by consanguinity 1. There must be an actual case or

or affinity within the 4th civil degree of the controversy
President shall not, during his tenure be 2. The question of constitutionality must be
appointed as Members of the ConComms, raised by the proper party
Members of the Office of the Ombudsman, 3. The constitutional question must be raised
Secretaries, Undersecretaries, Chairmen or at the earliest possible opportunity
heads of bureaus or offices, including 4. The decision of the constitutional question
GOCC and their subsidiaries. must be necessary to the determination of
c. Appointments made by an acting-President the case itself.
shall remain effective unless revoked within
90 days from assumption of office by WHAT DO YOU MEAN BY THE 3RD REQUISITE?
elected President. Generally, it must be raised in the pleadings.
d. President or acting-President shall not make However, there are exceptions provided:
appointments except temporary ones to
executive positions 2 months immediately a. In criminal cases, the constitutional question
before the next Presidential elections and can be raised at any time in the discretion of
up to the end of his term when continued the court.
vacancy will prejudice public service or b. In civil cases, the constitutional question
endanger public safety. can be raised at any stage if it is necessary
e. The President shall have the power to make to the determination of the case itself.
appointments during the recess of the c. In every case, except where there is
Congress, whether voluntary or compulsory, estoppel, the constitutional question may be
but such appointments shall e effective only raised at any stage if it involves the
until the next adjournment of the Congress. jurisdiction of the court.

TERM OF OFICE OF THE CABINET WHAT DO YOU MEAN BY THE 4TH REQUISITE?
SECRETARY
The constitutional issue must be the lis mota of the
It is determined at the pleasure of the case. To doubt is to sustain. The constitutionality of
President. the law will be sustained if the issue can be
determined without having to decide its validity.
WHAT IS JBC?
QUALIFICATIONS FOR MEMBERS OF SC
JBC takes place of the COA in the matter of
judicial appointments. It is the Council that will 1. Natural-born citizen of the Philippines
screen such appointments and not the 2. At least 40 years of age
Commission, which is a highly political body 3. Must have been for 15 years or more a
likely to be influenced by considerations other judge of lower court or engaged in the
than the merits of the candidate for judicial practice of law in the Philippines.
office. (CONS. Art VIII, Sec. 7)

MUST THE LAW PROFESSOR BE A TEACHER?

VOTING MEMBERS IN JBC AND THEIR
Yes. It is expressly provided in the Constitution NUMBER OF VOTES
that he must be a professor of law.

REQUISITES OF JUDICIAL INQUIRY

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There are only 7 members of the JBC. The and fair play. The invocation of the operative fact
Congress should only have one doctrine is an admission that the law is
representative. Citing the case of Chavez v. unconstitutional. (Hacienda Luisita Inc. v.
JBC, the court held that the phrase “ a Presidential Agrarian Rreform Council, et. Al.)
representative of Congress” should be
construed as to having only one WHAT IS THE ORIGINAL JURISDICTION OF
representative that would come from either THE SC?
house, not both. The SC may exercise original jurisdiction over
cases affecting ambassadors, other public
IS THERE A RESIDENCE REQUIREMENT TO BE ministers, and consuls, and over petitions for
A MEMBER OF SC? certiorari, prohibition, mandamus, quo warranto and
habeas corpus. (CONS. Art VIII, Sec. 5(1))
None. Art. VII, Section 7 of the Constitution
expressly provides the qualifications to be a HOW MUCH TIME IS THE JUDGE GIVEN TO
member of SC and it may not be reduced or ANSWER CASES?
increased by the Congress in an ordinary Art VIII, Section 15(1) of the Constitution provides
legislation.
the period for deciding cases. All cases or matters
CAN A FOREIGNER BE APPOINTED? filed after the effectivity of the Constitution must be
decided or resolved within 24 months from the date
No. The Constitution is clear that a member of submission for the SC, and, unless reduced by
of SC must be a natural-born citizen of the the SC, 12 months for all lower collegiate courts,
Philippines. and 3 months for all other lower courts.

EFFECT OF UNCONSTITUTIONALITY WHAT HAPPENS IF THE DEADLINES ARE NOT

COMPLIED WITH?
Orthodox View – an unconstitutional act is not a
law; it confers no rights; it imposes no duties; it If the period is exceeded, an explanation must be
affords no protection; it creates no office; it is, in made either by the Chief Justice or the presiding
legal contemplation, inoperative, as if it had not judge in a certification to be served upon the
been passed. (Norton v. Shelby County, 118 U.S. parties.
425)
WHAT IS THE NATURE OF THE DEADLINE,
Modern View – the court in passing upon the MANDATORY OR DIRECTORY?
question of constitutionality does not annul or
repeal the statute if it finds in conflict with the It is mandatory. However, failure to arrive at the
Constitution. It simply refuses to recognize it and decision within the maximum period will not divest
determines the rights of the parties as if the statute the court of jurisdiction, without prejudice to any
had no existence. responsibility that may attach to the judge. The
court must still resolve the case without further
OPERATIVE FACT DOCTRINE delay.

Under this doctrine, the law is recognized as WHAT IS JUDGMENT SIN PERJUICIO?
unconstitutional but the effects of the
unconstitutional law, prior to its declaration of It is a judgment without a statement of facts in
nullity, may be left undisturbed as a matter of equity support of its conclusions, to be later supplemented
by the final judgments.
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Note: As early as 1923, the SC already expressed the Court, they are promulgated by the Clerk of
its disapproval of the practice of rendering theses Court or his assistants whose duty is to inform the
judgments. What should be promulgated must be parties of the action taken on their cases by quoting
the complete decision. verbatim the resolutions adopted by the Court.

DECISION V. RESOLUTION IS DECISION SIN PERJUICIO VALID?

The Court held in the case of Fortich v. Corona No. What should be promulgated must be the
(312 SCRA751) that following the rule of reddendo complete decision. This kind of decision violates
singula singulis, the word “decided” must refer to the constitutional mandate that decision by any
“cases”, while the word “resolved” must refer to court should express clearly and distinctly the facts
“matters”. and the law on which such decision is based.

Note: Reddendo Singula Singulis means by HOW MANY CONSTITUTIONAL COMMISSIONS

referring each to each; referring each phrase or ARE THERE?
expression to its corresponding object.
Three. As mentioned in Art. IX-A, Sec 1, these are:
NITAFAN V. CIR (152 SCRA 284)
1. Civil Service Commission (CSC)
The SC held that the salaries of judges, like those 2. Commission on Elections (COMELEC)
of other government functionaries, should also be 3. Commission on Audit (COA)
subject to income tax.
IS THE COMMISSION ON HUMAN RIGHTS
MAY JUDGES BE REASSIGNED? (CHR) A CONSTITUTIONAL COMMISSION?

Yes. Art. VIII, Sec. 5(3) of the Constitution provides CHR, although a constitutional creation is,
that temporary judges of lower courts can be nonetheless, not included in the genus of offices
assigned to other stations as may be required by accorded fiscal autonomy or legislative fiat.
the public interest. Such temporary assignment
shall not exceed 6 months without the consent of MEMBERS OF THE CONSTITUTIONAL
the judge concerned. COMMISSIONS

WHAT MUST BE CONTAINED IN A DECISION? IN CSC:

Art. VIII, Sec 14 of the Constitution provides that no Chairperson: Alicia Dela Rosa Bala
decision shall be rendered by any court without Commissioners: Robert Martinez
expressing therein clearly and distinctly the facts Nieves Osorio
and the law on which it is based. It means that it is
a mandatory requirement that the parties to a IN COMELEC:
litigation be informed of how it was decided, with an Chairman: Andres Bautista
explanation of the factual and legal reasons that led Members: Christian Robert Lim
to the conclusions of the court. Al Parreno
WHAT ARE MINUTE RESOLUTIONS? Luie Tito Guia
Arturo Lim
Minute resolutions are issued for the prompt Ma. Rowena Amelia Guanzon
dispatch of the actions of the Court. While they are Sheriff Abas
the results of the deliberations by the Justices of

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IN COA: chairman must

be members of
Chairman: Atty. Michael Aguinaldo the Philippine
Commissioners: Heidi Mendoza Bar who have
Atty. Jose Fabia been engaged
in practice of
WHAT ARE THE PROHIBITIONS OF THE law for at least
MEMBERS OF CONSTITUTIONAL 10 years
COMMISSIONS?
MAY HEIDI MENDOZA BE APPOINTED AS
No member of a Constitutional Commission shall, CHAIRPERSON?
during his tenure:
1. Hold any other office or employment It depends on what commission. If it is in
2. Engage in the practice of any profession COMELEC, she cannot be appointed because a
3. Engage in the active management and Chairperson in COMELEC must also be a member
control of any business which in any way of the Bar who have been engaged in practice of
may be affected by the functions of his law for at least 10 years. Heidi Mendoza is not a
office lawyer.
4. Be financially interested, directly or
indirectly, in any contract with, or in any WHAT ARE THE CATEGORIES OF CIVIL
franchise or privilege granted by the SERVICE?
Government, any of its subdivisions, CAREER SERVICE NON-CAREER
agencies or instrumentalities, including SERVICE
GOCCs or their subsidiaries. 1. entrance based on 1. entrance on bases
(CONS. Art IX-A, Sec. 2) merit and fitness to be other than those of the
determined as far as usual tests of merits and
REQUIREMENTS FOR THE MEMBERS OF practicable by fitness utilized for the
CONSTITUTIONAL COMMISSIONS competitive career service
examinations, or based
CIVIL COMELEC COA on highly technical
SERVICE qualifications
Natural-born citizen 2. opportunity for 2. Tenure which is
At least 35 years of age at the time of appointment advancement to higher limited to a period
Not a candidate in any election immediately career positions specified by law, or
preceding their appointment which is coterminous
With proven College degree CPAs with at with that of the
capacity for holder least 10 years appointing authority, or
public of auditing subject to his pleasure,
administration experience OR or which is limited to the
members of the duration of a particular
Bar with at project for which
least 10 years purpose employment
in the practice was made
of law; AT NO 3.Security of tenure
TIME shall all
members COMPOSITION OF CSC
belong to the
same 1 Chairman and 2 Commissioners
profession.
MAJORITY, SCOPE OF CSC
including the
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The civil service embraces all branches, ARE MEMBERS OF THE CABINET EXEMPT
subdivisions, instrumentalities, and agencies of the FROM THE PROHIBITION OF PARTISAN
Government, including GOCCs with original POLITICAL ACTIVITY?
charters. (CONS. Art IX-B, Sec 2(1))
Yes. In the case of De los Santos v. Yatco, it has
MANDATE OF CSC been held that Cabinet members are supposed to
1. Establish a career service be the alter ego of the President of the Philippines
2. Adopt measures to promote morale, and were in fact usually chosen principally for the
efficiency, integrity, responsiveness, political influence they were expected to exert for
progressiveness, and courtesy in the civil the purpose of ensuring support for the
service administration.
3. Strengthen the merit and rewards system
4. Integrate all human resources development WHAT COUNTS AS PARTISAN POLITICAL
programs for all levels and ranks ACTIVITY?
5. Institutionalize a management climate 1. Being a candidate for any elective office or
conducive to public accountability delegate to any political convention
2. Being an officer or member of any political
IS A COLLEGE DEGREE REQUIRED IN ORDER committee, party or organization
TO BE APPOINTED IN CSC? 3. Delivering speeches
4. Canvassing or soliciting votes or political
No. What is controlling is that a person must be support or contributions for any political
with proven capacity for public administration. Not party or candidate
any college degree holder can ensure this kind of 5. Becoming actively identified with the
competence. success or failure of any candidate or
candidates for election to public office.
WHO ARE EXEMPTED FROM TAKING THE (Sec 14, Rule XVIII, Civil Service Rules)
CIVIL SERVICE EXAMINATION?
TEMPORARY APPOINTMENT
Those who hold policy-determining, primarily
confidential and highly technical positions are It is issued to a person who meets all the
exempted from taking the examination. requirements for the position to which he is
appointed except the appropriate civil service
WHAT IS THE MAIN FUNCTION OF CSC eligibility, provided; that it will not exceed 12
months, but the appointee may be replaced sooner
1. Establish a career service if a qualified civil service eligible becomes available
2. Adopt measures to promote morale,
efficiency, integrity, responsiveness, WHAT IS LONGER – ELECTION PERIOD OR
progressiveness, and courtesy in the civil CAMPAIGN PERIOD?
service
3. Strengthen the merit and rewards system The Election period. It commences 90 days before
4. Integrate all human resources development the day of the election and shall end 30 days
programs for all levels and ranks thereafter. The campaign period, on the other hand
5. Institutionalize a management climate shall be as follows:
conducive to public accountability 1. Presidential and Vice-Presidential Elections
– 90 days
PARTISAN POLITICAL ACTIVITY 2. Election of Members of the Batasang
Pambansa and Local Election – 45 days
It is the active support for or affiliation with the 3. Barangay Elections – 15 days
cause of a political party or candidate. The campaign periods shall not include the day
before and the day of the election. (BP 861, OEC)

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DO COMELEC HAVE TO ACCEPT ALL COCs The 1987 Constitution is written, conventional and
EVEN OF THOSE WHO ARE OBVIOUSLY rigid.
NUISANCE CANDIDATES?
WHAT DO YOU MEAN BY WRITTEN
Yes. It is because such is a ministerial function. CONSTITUTION?
Acceptance of the COC does not automatically
mean the person is a qualified candidate. It is one whose precepts are embodied in one
document or set of documents.
WHY THE COMELEC LOWERED THE
MEMBERSHIP FROM 9 TO 7? WHAT DO YOU MEAN BY CONVENTIONAL
CONSTITUTION?
It was intended to facilitate decisions of the
Commission en banc by concurrence of only 4 An enacted constitution, formally “struck of” at a
members constituting a majority of the body. definite time and place following a conscious effort
taken by a constituent body.
HOW MANY COMELEC DIVISIONS ARE
THERE? WHAT DO YOU MEAN BY RIGID
CONSTITUTION?
The Commission meets in two divisions, each
consisting of 3 members. It is one that can be amended only by a formal and
usually difficult process
COMPOSITION OF COA
WHO MAY PROPOSE AMENDMENT?
1 Chairman and 2 Commissioners
1. The Congress, upon a vote of ¾ of all its
WHO ARE IMPEACHABLE OFFICERS? embers
1. President of the Philippines 2. Constitutional Convention
2. Vice-President 3. People through initiative
3. Members of the SC
4. Members of the Constitutional Commissions
5. Ombudsman

GROUND FOR IMPEACHMENT

1. Culpable violation of the Constitution
2. Treason
3. Bribery
4. Other high crimes
5. Graft and Corruption
6. Betrayal of Public Trust

EXAMPLE OF BETRAYAL OF PUBLIC TRUST

1. Inexcusable negligence of duty
2. Tyrannical abuse of authority
3. Breach of official duty by malfeasance
4. Misfeasance
5. Cronyism
6. Favoritism
7. Obstruction of justice

WHAT TYPE OF CONSTITUTION DO WE HAVE?

11 | K A C A N o t e s