Constitutional Commissions: CSC, COA, COMELEC Why are they independent?

CSC- to prevent bureaucracy from being politicized COMELEC- because it handles elections COA- because it handles auditing of government funds Requirements for CSC membership? 1) natural born, 2) 35 yrs at least, 3) proven capacity of public admin, 4) must no have been a candidate in the previous elections. Term of office: staggered during first appointment: 7 yrs for Chair, 5 for Comm1, 3 for Comm2 after first appointment, then 7 yrs. Reckoning point: date of ratification of Consti, Feb. 2, 1987. Gaminde v COA ConComs enjoy administrative indendendence, it can appoint its own officials. What are they prohibited from doing during their term: 1)hold any other office, employment 2) practice any profession 3) actively manage business 4) cannot be financially interested in government contract Functions of CSC it is the central personnel agency of the government it determines the eligibility of a rank *civil servants have security of tenure once you are appointed, you are no long at the mercy of the appointing authority. Can CSC revoke motu proprio qualifications of a civil servant? No, due process is necessary. However, there is an exception: Lazo v CSC. Scope of Civil Service GOCC with original charters fall under the supervision of CSC (i.e. UP) Can president of universities, someone directly appointed by the President, fall under the jurisdiction of CSC? Yes. But what if disciplining the person is provided for in the charter? then CSC shares concurrent jurisdiction with the body stated in the charter. CSC v Sojor

Contractual employees w/ monetary claims against GOCC still fall under the jurisdiction of CSC. Note: what matters is whether the office falls under the jurisdiction, it doesnt matter whether one is regular or contractual. Can losing candidates be appointed to public office? Yes, after 1 year ban. Exception: Santos v CA Cabinet members cannot campaign as that would be violating the constitutional ban on partisan politics. De los Santos v Mallare-> unclassified service not included in the merit system Unclassified service: 1)those that are policy-determining 2) highly confidential positions 3) primary technical positions In dismissing officers, the ground lack of confidence does not apply to technical positions. When others are dismissed due to lack of confidence, they are not removed. Rather their term expires because of the lack of confidence of the appointing authority. SC has power to review decisions of the CSC. Are these decisions appealable? No. Certiorari is jurisdictional in nature, the facts of the case are not touched. Is there automatic claiming/ occupancy to a temporary appointed personnel? Abolition v Vacancy Abolition makes office inexistent Vacancy- office still exists Unclassified service-> 3 enumerated above, and janitors, guard, etc. Do they have security of tenure? Yes. Security of tenure being removed only for just cause.

COMELEC General qualification: at least a college degree holder. you maybe appointed, even if not a member of the bar. What matters is that majority of the entire membership are members of the Bar. Membership:7 1 chair, 6 commissioners Note: chair is included in counting the majority Practice of law not limited to practice in courts but also covers writing pleasings, being a counsel, etc. Term of office: same as other Concoms, it starts from ratification of consti. Nacionalista v bautista no member of the commission shall sit in acting capacity. In absence of the chair, does acting chair need appointment of president? No. But they may elect their own acting chair. Brillantes v Yorac. Can ad-interim appointees be appointed? Yes as long as it does not exceed maximum no. of years (7 yrs) and as long as the first appointment is not yet finished. Powers and functions: 1) enforce and administer all laws and regulation nto the conduct of an election, plebescite, initiative, referendum or recall 2) exclusive orig. jurisdiction of election, returns, qualification of provincial, regional, city officials. Appellate jurisdiction over municipal and barangay 3) decide except the right to vote all questions relating to elections 4) deputize w/ concurrence of the president, all law enforcement agencies to ensure honest, free, peaceful and orderly elections 5) register political parties or coalitions 6) file upon verified complaint exclusion or inclusion of voters 7) recommend to congress effective measures to mninimize election spending When your name is excluded from the voters lists, what do you do? 1) file a petition for inclusion in the MTC. If you know someone is a flying voter? 1) file a complaint with the comelec 2) comelec files the complaint with the court for exclusion People v Inting only COMELEC can file an information against violation of election laws. It may however deputize fiscal and other state officials.

Bayan v Comelec task to investigate the complaint is not incumbent with the COMELEC, unlike with that of the Ombudsman, when case is filed in the COMELEC, complainant must also present evidence. Tan v Comelec jurisdiction of state prosecutors, deputized by the COMELEC still fall under the executive. They cannot therefore be disciplined by the COMELEC. People v Delgado 2 functions of COMELEC: 1) prosecuting and 2) adjudicating Prosecutory-> file cases, Adjudicatory-> decide cases Is COMELEC subject to jurisdiction of any court? Depends! When it performs prosecutory functions, then yes. When it performs adjudicatory functions then only the SC has jurisdiction over it. COMELEC has the discretion on whether to appeal or to not appeal a case. It can withdraw anytime. Diff. of 1973, 1987 Consti? Theres no more turncoatism now bec. party deliniations are not clear in the present constitution. Registration allows parties to have juridical capacity. What are not allowed to be registered? 1) those that invoke the use of violence to further their cause 2) religious denominations and sects 3) those refusing to uphold laws and constitution 4) those supported by foreign governments Religious leaders can run for public office. Conflicts between political parties, must be decided by the COMELEC. What is the importance of allowing COMELEC to regulate media?--> bec. of the importance of media and to give candidates equal opportunity COMELEC can only regulate when election period begins, prior to that, it has no power. Election period: total of 120 days, - 60 before, - 30 after does it have judicial power? Yes but limited.

COMELEC may not issue writs like appellate courts, because it is not a court. It may however issue contempt orders. Manansala v COMELEC power to issue writs, concurrent with the SC. Aruelo v CA, which rules prevail? depends on the venue, if in the COMELEC, then its rules prevails, if with the Courts, then rules of courts prevails