ARTICLE IX CONSTITUTIONAL COMMISSIONS

C. COMMISSION ON ELECTIONS (COMELEC)

C. THE COMMISSION ON ELECTIONS

SECTION 1. There shall be a Commission on Elections composed of a Chairman and six

Commissioners who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, holders of a college degree, and must not have been
candidates for any elective positions in the immediately preceding elections. However, a majority
thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in
the practice of law for at least ten years.
(2) The Chairman and the Commissioners shall be appointed by the President with the consent
of the Commission on Appointments for a term of seven years without reappointment. Of those first
appointed, three Members shall hold office for seven years, two Members for five years, and the last
Members for three years, without reappointment. Appointment to any vacancy shall be only for the
unexpired term of the predecessor. In no case shall any Member be appointed or designated in a
temporary or acting capacity.

Composition of Members
Chairman
Six (6) Commissioners

Qualifications of Members
a. natural-born citizens of the Philippines
b. at least thirty-five (35) years of age at the time of their appointment
c. holder of a college degree
d. must not have been candidates for any elective position in the immediately preceding elections
e. majority of the members, including the Chairman, must be members of the Philippine Bar who have
been engaged in the practice of law for at least ten (10) years.

SECTION 2. The Commission on Elections shall exercise the following powers and functions:
(1) Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.
(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns,
and qualifications of all elective regional, provincial, and city officials, and appellate
jurisdiction over all contests involving elective municipal officials decided by trial courts
of general jurisdiction, or involving elective barangay officials decided by trial courts of
limited jurisdiction.
Decisions, final orders, or rulings of the Commission on election contests involving
elective municipal and barangay offices shall be final, executory, and not appealable.

(3) Decide, except those involving the right to vote, all questions affecting elections, including
determination of the number and location of polling places, appointment of election
officials and inspectors, and registration of voters.
(4) Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines, for
the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.
(5) Register, after sufficient publication, political parties, organizations, or coalitions which,
in addition to other requirements, must present their platform or program of government;
and accredit citizens' arms of the Commission on Elections. Religious denominations and
sects shall not be registered. Those which seek to achieve their goals through violence or
unlawful means, or refuse to uphold and adhere to this Constitution, or which are
supported by any foreign government shall likewise be refused registration.
Financial contributions from foreign governments and their agencies to political
parties, organizations, coalitions, or candidates related to elections, constitute
interference in national affairs, and, when accepted, shall be an additional ground for
 the cancellation of their registration with the Commission, in addition to other penalties that
may be prescribed by law.
(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where appropriate, prosecute cases of violations of
election laws, including acts or omissions constituting election frauds, offenses, and
malpractices.
(7) Recommend to the Congress effective measures to minimize election spending, including
limitation of places where propaganda materials shall be posted, and to prevent and
penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.
(8) Recommend to the President the removal of any officer or employee it has deputized, or
the imposition of any other disciplinary action, for violation or disregard of, or
disobedience to, its directive, order, or decision.
(9) Submit to the President and the Congress, a comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or recall.

Nature of the powers of the Commission on Elections.

Like the Civil Service Commission, the Commission on Elections is an administrative agency. As such,
therefore, the powers it possesses are executive, quasi-judicial and quasi-legislative. By exception,
however, it has been given judicial power as judge with exclusive original jurisdiction over “all contests
relating to the election, returns, and qualifications of all elective regional, provincial and city officials and
appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general
jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.”

C. ACCOUNTABILITY OF PUBLIC OFFICERS: ART. 11 AND ART. 9, CONSTITUTIONAL

COMMISSIONS, COA

ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS

SECTION 1. Public office is a public trust. Public officers and employees must, at all times, be
accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency;
act with patriotism and justice, and lead modest lives.

Meaning of “Public office is a Public Trust.”

As expressed by Justice Malcolm in Cornejo vs. Gabriel, 41 Phil. 188, 194 (1920), the basic idea of
government in the Philippines “is that of a representative government, the officers being mere agents and
not rulers of the people, one where no one man or set of men has a proprietary or contractual right to an
office, but where every officer accepts office pursuant to the provisions of law and holds the office as a trust
for the people whom he represents.”

Rules in public services that must be followed by public officers and employees at all times:
1. Accountability to the people
2. Service with utmost responsibility, integrity, loyalty and efficiency
3. Acting with patriotism and justice
4. Leading modest lives.

SECTION 2. The President, the Vice-President, the Members of the Supreme Court, the Members of
the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment
for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption,
other high crimes, or betrayal of public trust. All other public officers and employees may be removed
from office as provided by law, but not by impeachment.

Concept of Impeachment.
Impeachment is a mode of terminating official relation, the main object of which is to serve as an effective
restraint which the legislature may interpose in the abuse of the executive and judicial authorities. It is a
method of national inquest into the conduct of public men.

Purpose of Impeachment.
Its purpose is to protect the people from official delinquencies or malfeasances. It is, therefore, primarily
intended for the protection of the State, not for the punishment of the offender. The penalties attached to
impeachment are merely incidental to the primary intention of protecting the people as a body politic.

Officials removable by impeachment.

1. The President
2. The Vice-President
3. The members of the Supreme Court
4. The members of the Constitutional Commissions
5. The Ombudsman.

Grounds for impeachment.

1) Culpable violation of the Constitution – refers to a willful and intentional breach of the Constitution.
Hence, not every violation of the Constitution constitutes an impeachable offense. Violation of the
Constitution committed unintentionally or involuntarily either in good faith or through an honest mistake
of judgment is not a ground for impeachment (Report of Special Committee, House of Representatives
on the Impeachment of president Quirino)
2) Treason – is a crime committed by any person who, owing allegiance to the Philippines, not being a
foreigner, levies war against the Philippines or adheres to her enemies, giving them aid and comfort
within the Philippines or elsewhere (Article 114, Revised Penal Code)
3) Bribery
(a) Direct bribery, the offense committed by any public officer who shall agree to perform an act
constituting a crime, in connection with the performance of his official duties, in consideration of any
promise or gift received by such officer. It may likewise be committed by any public officer who shall
accept such gift in consideration of the non-performance of an official duty or the execution of an act
which does not constitute a crime (Article 210, Revised Penal Code)
(b) Indirect bribery, the offense committed by any public officer who shall accept gifts offered to him by
reason of his office (Article 211, Revised Penal Code)
4) Graft and corruption – the phrase cover all graft and corrupt practices. It was not included as ground
for impeachment under the 1935 Constitution. Its inclusion may be attributed to the awareness of the
1971 Constitutional Convention of the widespread graft and corruption in the government at the time
5) Other high crimes – the phrase refers to those crimes which, like treason and bribery, are of so serious
and enormous a nature as to affect the very life or orderly workings of the government. For impeachment
purpose, “no act may be regarded as a high crime” unless there is a law forbidding and publishing it.
6) Betrayal of public trust – this is a new ground for impeachment. It will cover any violation of the oath
of office involving loss of popular support even if the violation may not amount to criminal offense. Its
inclusion is more of a reaction to past experience than an exercise in logic.

SECTION 3. (1) The House of Representatives shall have the exclusive power to initiate all cases of
impeachment.
(2) A verified complaint for impeachment may be filed by any Member of the House of
Representatives or by any citizen upon a resolution or endorsement by any Member thereof, which
shall be included in the Order of Business within ten session days, and referred to the proper
Committee within three session days thereafter. The Committee, after hearing, and by a majority vote
of all its Members, shall submit its report to the House within sixty session days from such referral,
together with the corresponding resolution. The resolution shall be calendared for consideration by
the House within ten session days from receipt thereof.
(3) A vote of at least one-third of all the Members of the House shall be necessary either to
affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its
contrary resolution. The vote of each Member shall be recorded.
(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of
all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the
Senate shall forthwith proceed.
 (5) No impeachment proceedings shall be initiated against the same official more than once
within a period of one year.
(6) The Senate shall have the sole power to try and decide all cases of impeachment. When
sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the
Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No
person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.
(7) Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party convicted shall
nevertheless be liable and subject to prosecution, trial, and punishment, according to law.
(8) The Congress shall promulgate its rules on impeachment to effectively carry out the
purpose of this section.

Procedures for Impeachment.

The above provision delineates the procedure for impeachment, as follows:
1. The power to initiate impeachment is lodged on the House of Representatives. A resolution for
impeachment requires at least 1/3 votes of all member of the House of Representatives. Of course, the
House may act upon receipt of a verified complaint by any of each member;
2. The power to hear and decide case of impeachment is lodged on the Senate who may decide on
a verdict of impeachment by 2/3 vote of all its members. The Chief Justice of the Supreme Court shall
preside in case the President is the one on trial for impeachment;
3. Judgment is limited to removal from office and disqualification to hold public office.

ARTICLE IX COMMISSION ON AUDIT (COA)

D. THE COMMISSION ON AUDIT

SECTION 1. (1) There shall be a Commission on Audit composed of a Chairman and two
Commissioners, who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, Certified Public Accountants with not less than ten
years of auditing experience, or members of the Philippine Bar who have been engaged in the
practice of law for at least ten years, and must not have been candidates for any elective position in
the elections immediately preceding their appointment. At no time shall all Members of the
Commission belong to the same profession.
(2) The Chairman and the Commissioners shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven years without reappointment. Of those first
appointed, the Chairman shall hold office for seven years, one Commissioner for five years, and the
other Commissioner for three years, without reappointment. Appointment to any vacancy shall be
only for the unexpired portion of the term of the predecessor. In no case shall any Member be
appointed or designated in a temporary or acting capacity.
SECTION 2. (1) The Commission on Audit shall have the power, authority, and duty to examine, audit,
and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds
and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions,
agencies, or instrumentalities, including government-owned or controlled corporations with original
charters, and on a post- audit basis: (a) constitutional bodies, commissions and offices that have
been granted fiscal autonomy under this Constitution; (b) autonomous state colleges and
universities; (c) other government-owned or controlled corporations 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. However, where the internal control system of the audited agencies
is inadequate, the Commission may adopt such measures, including temporary or special pre-audit,
as are necessary and appropriate to correct the deficiencies. It shall keep the general accounts of
the Government and, for such period as may be provided by law, preserve the vouchers and other
supporting papers pertaining thereto.
(2) The Commission shall have exclusive authority, subject to the limitations in this Article, to define
the scope of its audit and examination, establish the techniques and methods required therefore, and
promulgate accounting and auditing rules and regulations, including those for the prevention and
disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures or
uses of government funds and properties.

Composition of Members
Chairman
Two Commissioners
Qualifications of Members
a. natural-born citizens of the Philippines
b. at the time of their appointment, at least thirty-five years of age
c. Certified Public Accountants with not less than ten years of auditing experience, or members of the
Philippine Bar who have been engaged in the practice of law for at least ten years
d. must not have been candidates for any elective position in the elections immediately preceding their
appointment. NOTE: At no time shall all Members of the Commission belong to the same profession.
The Chairman and the Commissioners shall be appointed by the President with the consent of the
Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the
Chairman shall hold office for seven years, one Commissioner for five years, and the other Commissioner
for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired portion
of the term of the predecessor. In no case shall any Member be appointed or designated in a temporary or
acting capacity.
General function of the Commission on Audit.
To examine the accuracy of the records kept by accountable officers and to determine whether expenditures
have been made in conformity with law. It is therefore through the Commission on Audit that the people can
verify whether their money has been properly spent.
Classifications of the functions of the Commission on Audit.
(1) to examine and audit all forms of government revenues
(2) to examine and audit all forms of government expenditures
(3) to settle government accounts
(4) to promulgate accounting and auditing rules “including those for the prevention and disallowance of
irregular, unnecessary;”
(5) to decide administrative cases involving expenditures of public funds.

D. POLITICAL PARTIES AND ORGANIZATIONS: ART. 9 CONSTITUTIONAL COMMISSIONS,

COMELEC

History of Political Parties in the Philippines

The first Philippine political party, established in 1900, was the Federal Party, which advocated peace and
eventual statehood. Later, the Nationalist Party (NP) and the Democratic Party were established. They did
not produce an actual two-party system, since the Nationalists retained exclusive control and the Democrats
functioned as a "loyal opposition."

However, following Japanese occupation and the granting of independence, an effective two-party system
developed between the Liberal Party (LP) and the NP. The Progressive Party, formed in 1957 by adherents
of Ramon Magsaysay, polled more than one million votes in the presidential election of 1958.

In the elections of November 1965, Senator Ferdinand Marcos, the NP candidate, received 55% of the vote.
In the 1969 election, he was elected to an unprecedented second term. All political activity was banned in
1972, following the imposition of martial law, and was not allowed to resume until a few months before the
April 1978 elections for an interim National Assembly.

The Marcos government's New Society Movement (Kilusan Bagong Lipunan- KBL) won that election and the
1980 and 1982 balloting for local officials, amid charges of electoral fraud and attempts by opposition groups
to boycott the voting. The principal opposition party was the People's Power Movement-Fight (Lakas Ng
Bayan- Laban), led by Benigno S. Aquino, Jr., until his assassination in 1983.

This party joined with 11 other opposition parties in 1982 to form a coalition known as the United Nationalist
Democratic Organization (UNIDO). Following Aquino's murder, some 50 opposition groups, including the
members of the UNIDO coalition, agreed to coordinate their anti-Marcos efforts. This coalition of opposition
parties enabled Corazon Aquino to campaign against Marcos in 1986.
In September 1986 the revolutionary left formed a legal political party to contest congressional elections. The
Partido ng Bayan (Party of the Nation) allied with other left-leaning groups in an Alliance for New Politics.
This unsuccessful attempt for electoral representation resulted in a return to guerrilla warfare on the part of
the Communists.

After assuming the presidency, Aquino formally organized the People's Power Movement (Lakas Ng Bayan),
the successor to her late husband's party. In the congressional elections of May 1987, Aquino's popularity
gave her party a sweep in the polls, making it the major party in the country. Marcos's KBL was reduced to
a minor party.

Some of its members formed their own splinter groups, such as the Grand Alliance for Democracy (GAD), a
coalition of parties seeking distance from Marcos. Others revived the LP and the NP, seeking renewed
leadership. The left-wing People's Party (Partido Ng Bayan), which supports the political objectives of the
NPA, was a minor party in the elections. In May 1989 Juan Ponce Enrile reestablished the Nacionalista Party.

A new opposition party, the Filipino Party (Partido Pilipino), organized in 1991 as a vehicle for Aquino's
estranged cousin Eduardo "Danding" Cojuangco's presidential campaign. He ran third in the election, taking
18.1% of the vote, behind Miriam Defensor Santiago with 19.8% of the vote. On 30 June 1992 Fidel Ramos
succeeded Corazon Aquino as president of the Philippines with a plurality of 23.6%. In September 1992
Ramos signed the Anti-Subversion Law signaling a peaceful resolution to more than 20 years of Communist
insurgency, with the repeal of the anti-subversion legislation in place since 1957.

On 26 August 1994 Ramos announced a new political coalition that would produce the most powerful political
group in the Philippines. Ramos' Lakas-National Union of Christian Democrats (Lakas/NUCD) teamed with
the Democratic Filipino Struggle (Laban ng Demokratikong Pilipino, Laban). Following the 1995 elections,
the LDP controlled the Senate with 14 of the 24 members. The elections in 1998 changed the political
landscape once more. In the Senate the newly created Laban Ng Masang Pilipino, led by presidential
candidate, Joseph Estrada, captured 12 seats to the Lakas 5, PRP 2, LP 1, independents 3. The LAMP party
also dominated the House of Representatives with 135 seats to the Lakas 37, LP 13, Aksyon Demokratiko
1, and 35 independents.
Political parties and their leaders in 2002 included: Kilusang Bagong Lipunan (New Society Movement), led
by Imelda Marcos; Laban Ng Demokratikong Pilipino (Struggle of Filipino Democrats) or LDP, led by Eduardo
Angara; Lakas, led by Jose De Venecia; Liberal Party or LP, led by Florencio Abad; Nacionalista Party, led
by Jose Oliveros; National People's Coalition or NPC, led by Eduardo Cojuangco; PDP-Laban, led by
Aquilino Pimentel; and the People's Reform Party or PRP, led by Miriam Defensor-Santiago.

ARTICLE IX CONSTITUTIONAL COMMISSIONS

D. COMMISSION ON ELECTIONS (COMELEC)

SECTION 6. A free and open party system shall be allowed to evolve according to the free choice of
the people, subject to the provisions of this Article.

SECTION 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except
for those registered under the party-list system as provided in this Constitution.

SECTION 8. Political parties, or organizations or coalitions registered under the party-list system,
shall not be represented in the voters' registration boards, boards of election inspectors, boards of
canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in
accordance with law.

Concept of Open Party System.

A political party is an organized group of persons, its branches and divisions in a government. The term
has also been defined as “an association of votes believing in certain principles of government formed to
urge the adoption and execution of such principles in governmental affairs through officers of like belief.” The
Constitution envisions a “free and open party system” granting them equal opportunities to compete for the
control of the government. The provision encourages the development of multiparty system in our country
making the political arena more democratic. Hence, with the multi-party system, there would be greater
number of candidates and the electorate have the wider latitude of choice to elect only person capable of
running the rein of the government.

Under the party-list system, the electorate vote for political parties and not of individual candidate. Those
political parties which gather a sufficient percentage of votes is allowed to name their representatives to the
lower house of Congress and member of the representatives depends on the total votes obtained by the
political parties. Hence, if a party received 10% of the votes cast, it is entitled to 10% of the seats allowed for
a party-list representative. Such scheme is adopted in order that different parties be represented in Congress
thereby promoting the multi-party system. Votes cast in favor of a political party, organization, or coalition
are invalid, except sectoral parties or organizations 20% of its total membership shall be elected from a list
of registered national, regional and sectoral parties or organization.

Under Section 8, political parties, or organizations or coalition registered under the party-list system, would
not be represented in the voter’s registration boards, boards of election inspectors, board of canvassers, or
other similar bodies. It is believed that representation of numerous parties in said bodies would lead to delay
or unruly proceedings. However, they are entitled to appoint poll watchers in accordance with law.