Rule 45 – Petition for Review on Certiorari

Rule 65 – special civil action

certiorari—When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of its or his
jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy,
and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging
the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer,
and granting such incidental reliefs as law and justice may require.

prohibition—When the proceedings of any tribunal, corporation, board, officer or person, whether exercising judicial, quasi-judicial or
ministerial functions, are without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of
jurisdiction, and there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved
thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered
commanding the respondent to desist from further proceedings in the action or matter specified therein, or otherwise granting such
incidental reliefs as law and justice may require.

mandamus—When any tribunal, corporation, board, officer or person unlawfully neglects the performance of an act which the law
specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes another from the use and enjoyment of a
right or office to which such other is entitled, and there is no other plain, speedy and adequate remedy in the ordinary course of law, the
person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be
rendered commanding the respondent, immediately or at some other time to be specified by the court, to do the act required to be done
to protect the rights of the petitioner, and to pay the damages sustained by the petitioner by reason of the wrongful acts of the
respondent.

Disqualifications of Con Com Member

1. Not to hold other office/employment
2. Not to practice any profession
3. Not to take active mgt/control of any bus w/c in any way may be affected by the functions of his office
4. Not to be financially interested, directly/indirectly, in any contract/franchise/privilege granted by govt and any if its

Requisites rotational scheme/staggering of terms

1. Orig members begin their terms on a common date
2. Vacancy before the expiration of the term shall be filled only for the balance of such term

Prohibition against appointment/designation of any member in a temporary/acting capacity. Revocable nature of appointment.

Majority vote of all its members. w/in 60 days from the date of submission for decision/resolution – upon filing of the last pleading,
brief/memo required by the rules of the Com or by the Com itself. Decision/order/ruling may be appeal thru certiorari (Rule 65, grave
abuse of discretion resulting in lack/excess of jurisdiction to SC w/in 30 days from receipt of copy.

Requirements CSC:
1. natural-born citizen of Phil
2. at least 35 years of age at the time of appointment
3. not have been candidates for any elective position in the elections immediately preceding their appointment
4. proven capacity for public admin

Requirements COMELEC:
1. natural-born citizen of Phil
2. at least 35 years of age at the time of appointment
3. not have been candidates for any elective position in the elections immediately preceding their appointment
4. college degree
5. majority, including the Chair, shall be members of the Phil Bar who have been engaged in the practice of law for at least 10 yrs

Requirements COA:
1. natural-born citizen of Phil
2. at least 35 years of age at the time of appointment
3. not have been candidates for any elective position in the elections immediately preceding their appointment
4. CPA w/ 10 yrs of auditing experience & members of Phil Bar engaged in the practice of law for 10 yrs.

Requirements Omb:
1. natural-born citizen of Phil
2. at least 35 years of age at the time of appointment
3. not have been candidates for any elective position in the elections immediately preceding their appointment
4. recognized probity and independence
5. members of the Phil Bar
6. 10 years or more, been a judge or engaged in the practice of law in the Phil

GOCC – w/ orig charter – special law – CS

GOCC – w/o – Corp Code – x

Charac CS
1. entrance based on merit and fitness determined as far as practicable by competitive exams or based on highly tech quail
2. opportunity for advancement to higher career positions
3. security of tenure

CS
1. open career – exam
2. closed career – scientific/highly technical; SCU, SRI
3. CES – Usec, Asec, BD, ABD, RD, ARD, DSC; CESB
4. career officers other than CES – FSO
5. commissioned officers & enlisted men of the AF
6. GOCC personnel – gov/prop, don’t fall NCS
7. permanent labourers – skilled, semi / unskilled

Charac NCS
1. entrance other than those usual tests of merit and fitness utilized for career service
2. tenure is limited to period specified by law/coterminous/limited to duration of a particular project
NCS
1. dept heads & other officials w/ Cab rank & their personal/confidential staff
2. elective officials & their personal/confidential staff
3. emergency/seasonal personnel
4. Chair and members of com & boards w/ fixed terms of office & their personal/confidential staff
5. contractual personnel – special contract; specified period not exceed 1 yr

Instrumentality – regulatory agencies, chartered insti & GOCC

1. not integrated w/in dept framework vested w/ special functions/jurisdiction by law
2. endowed w/ some if not all corp powers
3. enjoying operational autonomy
4. admin special funds

Exceptions CS merit & fitness

1. policy determining – lays down principal/fundamental guidelines/rules; dept head
2. primarily confidential – confidence & close intimacy; legal officer
3. highly technical – tech skill/training in superior/supreme degree

Practice of law - any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience.

Term – period of time provided by law

Tenure – actual period of time served by occupant

Kinds of Prevention
1. PD pending investigation – not entitled to compensation because such suspension "is not a penalty but only a means of enabling the
disciplining authority to conduct an unhampered investigation
2. PD pending appeal – right to compensation if the employee is eventually exonerated; punitive although it is in effect subsequently
considered illegal if respondent is exonerated and the administrative decision finding him guilty is reversed

When the administrative case against the officer or employee under preventive suspension is not finally decided by the disciplining
authority within the period of 90 days after the date of suspension of the respondent who is not a presidential appointee, the respondent
shall be automatically reinstated in the service: Provided, That when the delay in the disposition of the case is due to the fault,
negligence or petition of the respondent, the period of delay shall not be counted in computing the period of suspension herein
provided.

Grounds PS
1. dishonesty
2. oppression
3. grave misconduct
4. neglect in the performance of duty
5. reason to believe that resp is guilty of charges w/c would warrant his removal from the service

Dario v. Mison – Reorganization must be carried out in good faith. No dismissal/separation cos position ceases to exist. There is invalid
abolition if there is only a change of nomenclature of positions or claim of economy is belied by existence of ample
funds.

partisan political activity – active support/ affiliation w/ cause of pol party/ candidate

Santos v. Yatco – Cab members are exempted cos they are alter egos of the Pres and were chosen primarily cos of pol influence

Cailles v. Bonifacio – Politicians are also exempted as well as reservist of AF

SSSEA v. CA – Employees in civil service may not resort to strike, walkouts & other temporary work stoppages for the purpose of
securing changes since terms and conditions of employment in govt are governed by law

Objectives CS
1. establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and
courtesy in the civil service
2. strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and
institutionalize a management climate conducive to public accountability
3. submit to the President and the Congress an annual report on its personnel programs

No candidate who has lost in any election, shall within one year after such election, be appointed to any office in the Government or
any Government-owned or controlled corporations or in any of their subsidiaries.

No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.

Receive additional, double/indirect compensation – authorized by law. Pensions/gratuities not considered as a,d/i comp.
Accept present, emolument, office/title from foreign govt – consent of Congress (law/reso)

Powers & functions of COMELEC

1. enforce & administer election laws & reg
2. decide election contests
3. decide admin questions
4. deputize law enforcement agencies w/ consent of Pres
5. recommend to Pres for removal/disciplinary action vs any officer/employee it has deputized
6. recommend to Congress to improve elections
7. register political parties & accredit citizen arm
8. submit to Pres and Congress comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall
9. File, upon verified complaint, or on its own initiative, inclusion or exclusion of voters in court; investigate prosecute cases of violations of election laws

Enforce & administer election laws & reg

1. filing of COCs
2. prevent/prosecute election offenses
3. supervise registration of voters & holding of polls
4. see to it canvass & proclamation are don in accordance w/ law
5. annul illegal registry of voters
6. cancel proclamation by BOC based on irregular/incomplete canvass
7. oust candidate proclaimed even if he has already assumed office

Ministerial – power to refuse to give due course to COC duly accomplished & filed EXCEPT nuisance candidate.

Regulation – subject to limitations

Prohibition – can’t exercise

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 except that Chief State Pros, Prov/ City Pros & their deps & assts are empowered under continuing deputation to conduct
PI & handle prosecution of election offenses.

Exclusive original jurisdiction – elective regional, provincial & city officials

Appellate jurisdiction – elective mun officials (trial court of gen jurisdiction) & elective brgy officials (trial courts of lim 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. (but Rule 65)

Admin ?s
1. determination of # & location of polling places
2. appointment of election officials & inspectors
3. registration of voters

Can’t be reg
1. religious denominations & sects
2. refuse to uphold & adhere to 1987 Consti
3. violence/unlawful means
4. supported by foreign govt

Election period – 90 days before election day & ends 30 days after
Campaign period – can’t be extended beyond election day & ends 2 days before election

Quasi-judicial power – judicial review

Administrative – ordinary civil action before trial courts

Powers & functions of COA

1. examine
2. audit
3. settle all accts

Pre-audit
1. branches
2. subdivisions
3. instrumentalities
4. agencies
5. GOCC w/ orig charters

Post-audit
1. consti bodies/ com & offices granted w/ fiscal autonomy under 1987 Consti
2. autonomous SCUs
3. other GOCCs & their subsidiaries
4. non-govt entities receiving subsidy/equity, directly/indirectly, frm/through govt.

Authority of COA
1. define scope of its audit & exam
2. establish techs & methods required
3. promulgate acctg & auditing rules & regs

Counter-signature – ministerial if 3 requirements are complied

1. warrant has been legally drawn by officer authorized by law to do so
2. appropriation to w/c warrant may be applied exists by virtue of law.
3. unexpended bal of amt appropriated is available

Discretionary – pass in audit a salary voucher & issue a cert of clearance to any acctble officer seeking to leave Phil

Questioning the necessity of an appropriation – out of jurisdiction of COA. COA can examine, audit & settle accts.

Impeachment – method of national inquest into the conduct of public men; extraordinary means of removal exercised by the leg over a
selected # of officials

Impeachable Officers – exclusive & can’t be increase/reduced by law

1. Pres
2. VP
3. SC
4. CC
5. Omb

Grounds for impeachment

1. culpable violation of Consti – wrongful, intentional/wilful disregard/flouting of the fundamental law; deliberate & motivated by bad faith
2. treason – person owing allegiance to Phil, levies war vs it/adheres to its enemies, giving them aid & comfort
3. bribery – public officer who shall agree to perform an act/refrain from doing an act in consideration of offer, promise/gift/present
4. betrayal of public trust – catch-all; cover all manner of offenses unbecoming a public official but not punishable by crim laws
5. other high crimes – serious & enormous nature as to strike the very life & orderly workings of the govt; excludes rape & murder
6. graft & corruption – Anti-Graft & Corrupt Practices Act

Impeachment – political ?; judicial in a sense but not yet decided if they are penal in charac; no prescribe evid to convict
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.

Judgment of Congress in impeachment is not subject for judicial review but courts can annul proceedings if there is showing of
grave abuse of discretion/non-compliance w/ procedural requirement of the Consti.

Judgment of conviction in impeachment is not subject to pardoning power of Pres. Convicted official may be prosecuted in
ordinary civil action of grounds for his conviction in impeachment is an indictable offense. If he is found guilty, decision may be
subject of a pardon by Pres.

Jurisdiction of SB
1. Violations of Republic Act No. 3019, as amended, otherwise, known as the Anti-Graft and Corrupt Practices Act, and
Republic Act No. 1379;
2. Crimes committed by public officers and employees including those employed in government-owned or controlled
corporations, embraced in Title VII of the Revised Penal Code, whether simple or complex with other crimes; and
3. Other crimes or offenses committed by public officers or employees, including those employed in government-owned or
controlled corporations, in relation to their office.

Omb & his deputies shall not be qualified to run for any office in the election immediately succeeding their cessation frm office.

Powers of Omb
1. Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act
or omission appears to be illegal, unjust, improper, or inefficient.

2. Direct, upon complaint or at its own instance, any public official or employee of the Government, or any subdivision, agency or
instrumentality thereof, as well as of any government-owned or controlled corporation with original charter, to perform and expedite any act or
duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties.

3. Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his removal,
suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith.

4. Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of
documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and
report any irregularity to the Commission on Audit for appropriate action.

5. Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if
necessary, pertinent records and documents.

6. Publicize matters covered by its investigation when circumstances so warrant and with due prudence.

7. Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for
their elimination and the observance of high standards of ethics and efficiency.
8. Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law.

Orap v. Sandiganbayan – SP may pros before SB judges accused of graft & corruption. Admin charges filed against the judge
w/ SC will defer filing of crim charges based on the same offense by the SP before SB.

De Jesus v. People – pros of election offenses is a function of COMELEC and may not be discharged by TB.

Inting v. TB – TB can review & reverse findings of a fiscal & order him to w/draw certain charges filed by him. Power of control
of Pres is exercised by TB.

No loan,guaranty/other forms of fin acmdtn for any bus pur by GOCB/GFI or to any firm/entity controlling interest during tenure
1. Pres
2. VP
3. Cabinet
4. Congress
5. SC
6. Con Com
7. Omb
SALN public
1. Pres
2. VP
3. Cabinet
4. Congress
5. SC
6. Con Com & other consti offices
7. officers of AF w/ gen/flag rank

Change citizenship – ipso facto forfeiture of his office

Kinds of Constitution
Written – embodied in 1/set of docs
Unwritten – not integrated into a single, concrete form; statutes, judicial decisions, customs, traditions & common law prin

Conventional – enacted consti by consti body

Cumulative – result of pol evolution

Rigid – amended by formal & difficult process

Flexible – amended by ordinary leg

Amendment – isolated/piecemeal change

Revision – revamp/rewriting of Consti

Proposal
1. Congress by ¾ vote
2. con con
3. initiative – pet of at least 12% of the total # of reg voters of w/c every leg dist must be rep by at least 3% of the reg voters

Ratification – majority of the votes cast in plebiscite – not earlier than 60 days nor later than 90 days
Congress/con con – after approval of such amendment/revision
Initiative – after certification by COMELEC of the sufficiency of petition

Sec 1. Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convention.
Sec 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition
of at least twelve per centum of the total number of registered voters, of which every legislative district must be
represented by at least three per centum of the registered voters therein. No amendment under this section shall be
authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this right.

Sec 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote
of all its Members, submit to the electorate the question of calling such a convention.

Sec 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority
of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval
of such amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which
shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of
the sufficiency of the petition.

Concon theories
1. supreme over other depts of govt (Leonis v. Jackson)
2. inferior to other depts of govt since it’s merely a creation of leg
3. independent % co-equal w/ other depts of govt

Validity of adoption of an amendments; courts inquire w/n prescribed procedure for amendment was observed – judicial review

Transitory provisions – don’t have permanent duration; functus officio as the purposes of the several sections are fulfilled
Section 7. The President-elect and the Vice President-elect shall assume office at the beginning of their terms.

If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect shall have qualified.

If a President shall not have been chosen, the Vice President-elect shall act as President until a President shall have been chosen and
qualified.

If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled, the Vice
President-elect shall become President.

Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently
disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall act as President until a
President or a Vice-President shall have been chosen and qualified.

The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice-
President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph.

Section 8. In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the
President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice-
President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until
the President or Vice-President shall have been elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President.
He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same restrictions of powers
and disqualifications as the Acting President.

Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall
nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon
confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.

Section 10. The Congress shall, at ten o'clock in the morning of the third day after the vacancy in the offices of the President and Vice-
President occurs, convene in accordance with its rules without need of a call and within seven days, enact a law calling for a special election to
elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. The bill
calling such special election shall be deemed certified under paragraph 2, Section 26, Article V1 of this Constitution and shall become law upon
its approval on third reading by the Congress. Appropriations for the special election shall be charged against any current appropriations and
shall be exempt from the requirements of paragraph 4, Section 25, Article V1 of this Constitution. The convening of the Congress cannot be
suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date
of the next presidential election.

Section 11. Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written
declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary,
such powers and duties shall be discharged by the Vice-President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of
Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice-President shall
immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his written
declaration that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of all the Members of the
Cabinet transmit within five days to the President of the Senate and to the Speaker of the House of Representatives, their written declaration
that the President is unable to discharge the powers and duties of his office, the Congress shall decide the issue. For that purpose, the
Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call.

If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve days after it is required to
assemble, determines by a two-thirds vote of both Houses, voting separately, that the President is unable to discharge the powers and duties of
his office, the Vice-President shall act as President; otherwise, the President shall continue exercising the powers and duties of his office.

Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may
call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety
requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part
thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas
corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority
of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the
President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to
be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules
without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of
martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon
within thirty days from its filing.
A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative
assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor
automatically suspend the privilege of the writ of habeas corpus.

The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or
directly connected with, invasion.

During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three
days, otherwise he shall be released.