CONSTITUTIONAL COMMISSIONS

1. CONSTITUTIONAL COMMISSIONS

Tasked to perform equally important undertakings to ensure that the different departments,
instrumentalities and offices are kept within the carefully allocated powers and functions. Functions are
executive in NATURE but INDEPENDENT – not under the control of the President.

 Civil Service Commission (personnel matters) (central personnel agency)

 Commission on Elections (elections)
 Commission on Audit (auditing and expenses and use of government funds)

2. Borromeo VS. Civil Service Commission

In cases of conflict when it comes to personnel matters involving expenditures being inquired into
by the COA, Court said that IT WOULD BE THE FINAL ARBITER to determine the proper allocation of powers
and delineation of boundaries.

3. Funa VS. Duque

Each of the Con Comm conducts ITS OWN PROCEEDINGS. Its decisions, orders, and rulings are
subject only to REVIEW ON CERTIORARI by the Court.

4. Borromeo VS. Civil Service Commission

Dispute between the CSC and COA on who has the authority to determine the benefits of a retired
Chairman of the former, specially with regard to the question as to whether the representation and
transportation allowance (RATA) and cost of living allowance (COLA) should be added to the highest
monthly salary in computing his terminal leave pay.
RULING:
COA. While the implementation and enforcement of leave benefits are matters within the
functions of the CSC as central personnel agency of the government, the duty to examine accounts and
expenditures relating to leave benefits properly pertains to the COA. While government expenditures or
use of funds is involved, the CSC cannot claim an exclusive domain simply because leave matters are
involved.

CSC (implementation and enforcement of leave benefits

COA (duty to examine accounts and expenditures relating to leave benefits.

INSTIUTIONAL INDEPENDENCE

1. The Constitution itself characterizes the Constitutional Commissions as independent.

2. Commissions are constitutionally created, thus NOT SUBJECT TO ABOLITION by Congress.
3. The members of the Commission are entitled to:
 Fixed 7- year term
 Can only be removed by IMOEACHMENT.
 Follow the ROTATIONAL SCHEME or STAGGERED APPOINTMENTS and terms of office.
 Salaries cannot be decreased during their tenure
 Commission is AUTHORIZED to APPOINT its own officials and employees
  Each commission (en banc) is given authority to PROMULGATE its own rules and procedure (such
rules however, shall not diminish, increase, or modify substantive rights)
 Their decisions are subject to review by the Supreme Court UNLESS otherwise provided by law
 Guaranty of FISCAL AUTONOMY (their approved annual appropriations shall be automatically and
annually released)

4. Each commission shall decide by a MAJORITY VOTE of all its Members any case or matters brought
before it within 60 days FROM the date of its submission for decisions or resolution.
A case or matter is deemed submitted for decision or resolution UPON the FILING OF THE LAST
PLEADING, BRIEF, OR MEMORANDUM required by the rules of the Commission or by the Commission
itself.

5. Brillantes VS. Yorac

PRESIDENT – has the authority to appoint the CHAIRMEN AND MEMBERS but DOES NOT HAVE
the power to designate an ACTING CHAIRMAN since this would have the effect of impairing the
independence of the Commissions.
Security of tenure is not available to the respondent as Acting Chairman of the COMELEC by
designation of the President.
ACTING OFFICER – shall be made by the MEMBERS OF THE COMMISSION ITSELF.

6. Araullo VS. Aquino III

In keeping with the idea that the Constitutional Commissions be kept independent that NO FUND
TRANSFERS or CROSS- BORDER AUGMENTATION of the appropriations may be made by the President to
the Commissions. COA and COMELEC were receipients of unconstitutional cross- border augmentations.

7. Macalintal VS. COMELEC

Allowing Congress to exercise the so- called “legislative veto” by reserving to the legislature the
power to approve or disapprove the implementing rules and regulations of law entrusted to the COMELEC
would be UNCONSTITUTIONAL. It would violate its independence.
By vesting itself with the powers to approve, review, amend, and revise the IRR for THE OVERSEAS
ABSENTEE VOTING ACT OF 2003, Congress went beyond of its constitutional authority.

8. Tejada VS. Domingo

Disallowing receipt of salaries, allowances and other emoluments by COA officials and employees
from government- owned and controlled corporations and government financial institutions being
audited by the COA is also consistent with the need to ensure its independence and integrity.

9. Funa VS. Duque

Court invalidated the designation of the CSC Chairman as EX OFFICIO member of the Boards of
Directors or Trustees of the GSIS, PhilHealth, Employees Compensation Commission (ECC), and Home
Development Mutual Fund. The CSC Chairman could NOT be a member of a government office or entity
under the control of the President.
10. Sevilla VS. COMELEC
ALL the members of the Commission EN BANC is NECESSARY to ARRIVE AT A RULING. 4 members
must ALWAYS be attained in order to decide, irrespective of the number of Commissioners in attendance.

11. Funds certified by the Commission as necessary to defray the expenses for holding regular and special
elections, plebiscites, initiatives, referenda, and recalls, SHALL BE PROVIDED in the regular or special
appropriations and once approved, shall be released automatically upon certification by the Chairman of
the Commission.

12. Nacionalista Party VS. Bautista

A case decided under the 1935 constitution, which did not have a provision prohibiting temporary
or acting appointments to the COMELEC, this Court nevertheless declared UNCONSTITUIONAL the
designation of the SOLGEN as acting member of the COMELEC. It undermines the COMELEC.

13. Authorized to augment ANY item in the GAA for their respective offices
 President
 President of the Senate
 Speaker of the HREP
 Chief Justice of the SC
 Heads of the Constitutional Commission

FISCAL AUTONOMY

1. FISCAL AUTONOMY
The authority to do things which are reasonably necessary for the discharge of their duties and
responsibilities and the performance of their functions WITHOUT INTERFERENCE from the EXECUTIVE
DEPARTMENT.
Contemplates a guarantee of full flexibility to allocate and utilize their resources with the wisdom
and dispatch that their needs require.
Recognizes the power to and authority to:
 Levy
 Assess
 Collect fees
 Fix rates of compensation not exceeding the highest rates authorized by law for
compensation and pay plans of the government
 allocate and disburse such sums as may be provided by law
2. Civil Service Commissions VS. Department of Budget and Management
Constitutional Commissions COULD NOT be subjected to the “no report, no release” policy of the
Department of Budget and Management. Under this policy, allocations for agencies are withheld pending
their submission of certain documents required. The Court declared “such policy cannot be enforced
against offices possessing fiscal autonomy without violating the constitution.
3. Araullo VS. Aquino III
In regard to fiscal autonomy, it has been pointed oyt that “the reversion to the General Fund of
unexpended balances and appropriations of the Administrative Code DOES NOT APPLY to the
Constitutional Fiscal Autonomy Group (CFAG), which include the Judiciary, CSC, COA, COMELEC, CHR, and
Ombudsman.

COMMON PROVISIONS
1. Commonalities of Constitutional Commissions
 independent
 rotational scheme or staggered appointments
(the first set of Chairmen had a full 7- year term and the other members were given 5 or
3 years only. In the case of COMELEC, since it has a composition of Chairman and 6
Commissioners, 2 other Commissioners were likewise given a full 7- year terms. COA and CSC,
only a have Chairman and 2 Commissioners each.)
 terms of office – 7 years
 members are appointed by the President, SUBJECT to the CONFIRMATION BY THE COA.
 Same disqualifications and inhibitions
 Must have not been candidates in the election immediately preceding their appointment,
 All members are removable ONLY BY IMPEACHMENT.
 Each of them have their rule- making authority
 Each of them shall perform other functions as may be provided by law
 Submitting to the PRESIDENT and CONGRESS periodic reports
 Qualifications of members
 Members are also not eligible for reappointment
(applies only to one who has been appointed by the President and Confirmed by the
Commission on Appointments, whether or not such person completes his term of office –
MATIBAG VS. BENIPAYO)
 No member shall be appointed or designated in a temporary or acting capacity
 Subject to uniform disabilities and prohibitions

2. QUALIFICATIONS OF MEMBERS
 natural- born citizen
 at least 35 years of age
 must not have been candidates in the election immediately preceding their appointment.
3. Any appointment to a vacancy shall only for the unexpired term of the predecessor.
4. Disabilities and Prohibitions
 holding any other office or employment
 engaging in the practice of any profession
 active management or control of any business in which there may be possible conflict of interest
 being financially interested in any contract with, or in any franchise, or privilege granted by the
government or any of its subdivisions, agencies, instrumentalities, and GOCCS.

5. Appeals may be brought from decisions of the CSC to the President.

6. Aratuc VS. COMELEC
 1935 – the decisions, orders, and rulings of the Commission shall be subject to review by
the Supreme Court
 1973- any decision, order, ruling of the Commission may be brought to the SC on
CERTIORARI by the aggrieved party within 30 days from his receipt of a copy thereof.
(narrows down the scope and extent of inquiry)
 Election Code of 1978- makes the Commission the sole judge of all pre- proclamation
controversies and further provides that any of its decisions, order or rulings shall be FINAL
AND EXECUTORY.
 REVIEW VS. CERTIORARI
o Review- includes digging into the merits and unearthing errors of judgment
o Certiorari- deals exclusively with grave abuse of discretion, which may NOT EXIST
even when the decisions is otherwise erroneous.

7. Caltex PH VS. Commission on Audit

We find the theory of petitioner- that such does not extend the disallowance of irregular,
unnecessary, excessive, extravagant, or unconscionable expenditures, or use of government funds and
properties, but only to the promulgation of accounting and auditing rules for, among other, such
disallowance – to be UNTENAVLE IN THE LIGHT OF THE PROVISIONS OF THE CONSTI.
In respect to irregular, unnecessary, excessive or extravagant expenditures or uses of funds, the
1935 Constitution DID NOT GRANT THE AUDITOR GENERAL the power to issue rules and regulations to
prevent the same. His was merely to BRING THAT MATTER TO THE ATTENTION OF THE PROPER
ADMINISTRATIVE OFFICER.
Auditor General is AUTHORIZED to disallow illegal expenditures of funds or uses of funds and
property.
COA is responsible for the enforcement of the rules and regulations, it goes without saying that
failure to comply with them is a GROUND FOR DISAPPROVINGG the payment of the proposed expenditure.

8. The CSC shall submit to the President and Congress an annual report on its personnel programs.
9. The COMELEC shall submit to the President and the Congress a comprehensive report on the conduct
of each election, plebiscite, initiative, and referendum, recall,
10. The Commission shall SUBMIT to the Pres, within the time fixed by law, an annual report covering the
financial condition and operation of the Government.

11. Funa VS. Villar

Reappoinment- means a movement to one and the same office. An appointment involving a
movement to a different position or office would constitute a new appointment and, hence, not, in the
strict legal sense, a reappointment barred under the constitution. This is, HOWEVER, ON THE CONDITION,
that the aggregate period of the length of service as commissioner and the unexpired period of the term
of the predecessor will NOT EXCEED 7 YEARS and that the vacancy in the position of Chairman resulted
from death, resignation, disability or removal by impeachment.
12. The promotional appointment MUST NOT PROVIDE for a shorter period than that specified as term
for the office of the chairman.
13. Where the Constitution or, for that matter, a statute has fixed the term of office of a public official the
appointing authority is without the authority to specify in the appointment a term shorter or longer than
what the law provides.

14. CSC – headed by a Commissioner who had the RANK OF A DEPARTMENT SECRETARY and an ex- officio
member of the CABINET.

15. Radiowealth, Inc VS. Agregado

During the regime of the 1935 Constitution, the Auditor General’s decisions in cases affecting an
executive department, bureau, office, or officer are APPEALABLE TO THE PRESIDENT, and in those
affecting the rights of private citizens to the SC.
16. The vacancies in the COMELEC are precisely staggered to insure that the majority of its members hold
confirmed appointment and not one President will appoint all the COMELEC members. (Matibag VS.
Benipayo)

17. Gaminde VS. COA

In this case, there was some uncertainty as to when the term of office of Commissioner Gaminde
was supposed to have expired. Because of this confusion, she actually served for ONE MORE YEAR
BEYOND HER REAL TERM OF OFFICE.
The Court considered her extra year as COMPENSABLE SINCE SHE SERVED AS DE FACTO OFFICER
IN GOOD FAITH. Entitled to receiver her salary and other emoluments for actual service rendered.

THE CIVIL SERVICE COMMISSION

1. CSC
As the CENTRAL PERSONNEL AGENCY of the government, the CSC is given the TASK OF:
 Establishing a career service
 Adopting measures to promote morale, efficiency, integrity, responsiveness, and
courtesy in the civil service.
 Strengthens the merit and reward system
 integrating all human resources development programs for all levels and ranks
 institutionalizing a management climate conducive to public accountability

2. To instill greater sense of responsibility and consciousness under a regime of constitutionalism, PUBLIC
OFFICERS AND EMPLOYEES ARE ALSO MANDATED TO TAKE AN OATH OR AFFIRMATION TO UPHOLD AND
DEFEND THE CONSTITUTION.

3. Civil Service Commission VS. Albao

Consistent with its mandate, the Commission may institute the appropriate administrative case
against employees to maintain the integrity of the service – removing from its list of eligible those who
falsified their qualifications.
While the head of office is the one responsible for initiating disciplinary actions, the CSC itself may
institute administrative cases to protect the integrity of the civil service system.
The Civil Service

1. CIVIL SERVICE SYSTEM (Meram VS. Edralin)

Rests on the principle of application of the merit system INSTEAD of the spoils system in the
matter of appointment and tenure of office.

2. CIVIL SERVICE
Characterized primarily with ENTRY BASED ON MERIT AND FITNESS determined – as a general
rule, based on:
 competitive examinations
 security of tenure
 opportunity for advancement
3. Includes all branches, subdivisions, instrumentalities, and agencies of the Government, including GOCCS
with original charters.
4. Conformably to its independent nature, members of the civil service are PROHIBITED from engaging in
PARTISAN POLITICAL ACTIVITIES.
5. Employees have the right to organize but NOT STRIKE – (SSS VS. CA)

6. Economic Intelligence and Investigation Bureau VS. CA

In regard to a claim by an office that it was exempt from the Civil Service laws, rules and
regulations: “ALL government agencies, WITHOUT EXCEPTION, are covered by the civil service. Petitioner
EIIB is a government agency under the Department of Finance. THEREFORE, EIIB is WITHIN the ambit of
the CIVIL SERVICE LAW.

7. National Housing Corporation VS. JUCO

The Court held that employees of the NHC and of other government owned or controlled
corporations were governed by civil service laws, rules, and regulations, reasoning out that to allow
employee of SUBSIDIARY CORPORATIONS to be excluded from the civil service laws would be to permit
the circumvention or emasculation of the constitutional provision on civil service.

8. No officer or employee of the civil service shall be removed or suspended except for cause provided by
law.
9. Temporary employees of the Government shall be given such protection as may be provided by law.

10. National Service Corporation VS. NLRC

The CSC now covers only government owned or controlled corporations WITH ORIGINAL OR
LEGISLATIVE CHARTERS that is those created by an act of Congress or by special law, and NOT THOSE
INCORPORATED UNDER AND PURUANT TO A GENERAL LEGISLATION.

11. Salonga VS. CA

CSC embraces only those GOCC with ORIGINAL CHARTER. As such, respondent and its employees
are covered by the Labor Code and NOT BY CSC.
MERIT AND FITNESS REQUIREMENT

1. Merit and fitness

A qualification for appointment, to be determined as far as practicable, by competitive
examination. (rationale: to exempt these categories from competitive examination as a means for
determining merit and fitness)
EXCEPTIONS: (positions which are)
 policy determining
-formulates a method of action for the government or any of its
subdivisions-
 primarily confidential
-denotes confidence and CLOSE INTIMACY which insures freedom of
intercourse –( PH Amusement Gaming Corporations VS. Angara)
-should be based on the NATURE of the position, NOT THE DESIGNATION
BY LAW or otherwise – (Pinero VS. Hechanova)
-PROXIMITY RULE shall be observed. There must be that element of
closeness and intimacy between the appointing authority and the employee. (CSC
VS. SALAS)
-Corporate Counsels of GOCCs, General Counsels, Provincial Attorneys
(except subordinates and legal assistants, City Legal Officers, and Provincial
Administrators
 highly technical (must possess a technical skill or training in the supreme or
superior degree.
2. Lazo VS. CSC
The requirement of having to pass a civil service examination carries with it the authority of the
CSC to revoke the eligibility of someone who might have fraudulently obtained the same.

3. Romagos VS. Metro Cebu Water District

Mental Incapacity not arising from immoral or vicious habits is also a cause for separation.

4. Orbos VS. CSC

The authority of the CSC when it comes to appointments is TO DETERMINE the eligibility of the
appointee, NOT TO EXERCISE the discretionary prerogative to choose who to appoint.
Should the CSC find that the appointee is NOT QUALIFIED for the position, IT HAS THE DUTY TO
DISAPPROVE the appointment. THEREAFTER, the responsibility of appointing qualified person in lieu of
the disqualified appointee rests upon the discretion of the APPOINTING AUTHORITY. The CSC CANNOT
ENROACH UPON SUCH DISCRETION vested solely in the appointing authority.
CSC has NO AUTHORITY to revoke an appointment on the ground that another person is more
qualified for a particular position. Likewise, CSC does not have the authority to irect the appointment of
a substitute of its choice,
The Civil Service Commission should recognize that its acts are SUBJECT TO REVERSAL by the SC.
5. PINERO DOCTRINE (Pinero VS. Hechanova)
With respect to the determination as to which positions are primarily confidential, policy
determining, or highly technical- the NATURE of the position is that is determinative NOTWITHSTANDING
ANY STATUTROY classification to the contrary.
Except as to those which are policy- determining, primarily confidential, or highly technical in
nature, shall be made only according to the MERIT AND FITNESS, to be determined by COMPETITIVE
EXAMINATION.
Executive pronouncements can be no more than INITIAL determinations that are NOT
CONCLUSIVE in case of conflict.

6. Alliance of Government Workers VS. Minister of Labor and Employment

Difference between government and private employment and the consequent effect on the right
to engage in concerted activities, like STRIKES.
Since the terms and conditions of government employment are fixed by law, government workers
CANNOT USE THE SAME WEAPONS employed by workers in the private sector.
Relations between PRIVATE employers and their employees – VOLUNTARY BASIS.
The terms and conditions of employment in the unionized PRIVATE sector are settled through the
PROCESS OF COLLECTIVE BARGAINING. In GOVERNMENT EMPLOYMENT, it is the LEGISLATURE and, where
properly given delegated power, the administrative heads of government which fix the terms and
conditions of employment – effective through administrative circulars, rules and regulations NOT through
collective bargaining agreements.

7. Mental incapacity NOT arising from immoral or vicious habits is also a cause for separation.

8. CSC VS. Javier

Primarily confidential positions
 fall under the NON- CAREER service
 do not have security of tenure
 tenure is CO- TERMINOUS with the appointing authority
 may be appointed or remain in the position even beyond the compulsory
retirement age of 65 years.
9. Judicial branch – determines whether it is primarily confidential, policy determining or highly technical

SECURITY OF TENURE

1. Security of tenure – de Guzman VS. COMELEC

That an employee could only be removed or discipline for cause. However, it is NOT A GUARANTEE
of Perpetual Employment. It only means that an employee cannot be DISMISSED (OR TRANSFERRED) from
the service for causes OTHER than those provided by law and AFTER DUE PROCESS is accorded the
employee.
Seeks to prevent CAPRICIOUS exercise of the power to dismiss.
2. Corpus VS. Cuaderno
Primarily confidential, policy determining, or highly technical, they are STILL COVERED by security
of tenure.

3. In regard to those whose positions are PRIMARILY CONFIDENTIAL, when they are separated from the
service due to LOSS OF CONFIDENCE AND TRUST, the same DOES NOT AMOUNT TO REMOVAL. Their term
of office is deemed to have been EXPIRED.

4. Manalang VS. Quitoriano

REMOVE (an officer) – to oust him from office BEFORE the expiration of his term.

5. Besa VS. National Bank

If position is BOTH primarily confidential and highly technical, such as that of a GENERAL
COUNSEL, PRIMARILY CONFIDENTIAL PREDOMINATES and the occupant of the position could therrefor
be eased out of office due to loss of trust and confidence.

6. To be entitled with security of tenure, you must first have ELIGIBILITY.

7. Achacoso VS. Macaraig JR.

The mere fact that a position belongs to the Career Service DOES NOT automatically confer
security of tenure on its occupant even if he does not possess the required qualifications. Such right will
DEPEND on the NATURE of his appointment, which in turn DEPENDS on his ELIGIBILITY or LACK OF IT.
A person who does not have the requisite qualifications for the position cannot be appointed to
it in the first place, or only as an exception to the rule, may be appointed to it merely in an acting capacity
in the absence of appropriate eligible. The appointment extended to hum CANNOT BE REGARDED AS
PERMANENT.

8. Guaranty of security of tenure

 permanence in the place where he is assigned or appointed
 fundamental or constitutionally guaranteed feature of our civil service.

9. Bentain VS. CA
Temporary transfer CANNOT BE DONE when the transfer is a preliminary step toward his removal,
or is a scheme to lure him away from his permanent position, or designed to indirectly terminate his
service, or force his resignation. A reassignment with NO DEFINITE PERIOD or duration violates the
employee’s right of tenure.

10. Fernando VS. Sto. Tomas

They can NEITHER claim a vested right to the station to which they were assigned NOR to security
of tenure thereat.
11. Cuevas VS. Bacal
Within the Career Executive Service, personnel can be shifted from one office or position to
another WITHOUT violation of their right to security of tenure because their status and salaries are based
on their RANKS and NOT ON THEIR JOBS.
Unless an employee is appointed to a particular office or station, he can claim NO SECURITY OF
TENURE in respect of any office.

12. Position VS. Rank

Position is EQUIVALENT to job title.

13. Collantes VS. CA

While there is indeed a distinction between position and rank, such that a Career Executive
Service Officer may be transferred or reassigned from one position to another without losing his rank,
there can be NO DISTINCTION between resigning from a position and resigning from a rank. The rank of
CESO is deactivated upon separation from the government service, which includes the resignation of a
CESO from his position.

14. De Leon VS. CA

One whose appointment is merely temporary because he does not have the required Career
Executive Service Eligibility could be transferred or reassigned to another positions WITHOUT violating
the guaranty of security of tenure.

15. Santos VS. Macaraig

Ambassadors may be recalled from their place of assignments WITHOUT the President having to
explain the reason for such action.

16. REORGANIZATIONS
May be considered as a VALID MANNER of separating employees from government service
WITHOUT violating the guaranty of security of tenure. HOWEVER, it must be done in GOOD FAITH.
Takes place when there is an alteration of the existing structure of government offices or units
therein, including the lines of control, authority and responsibility between the,

17. How to know if it is in good faith?

If it is for the purpose of economy or to make bureaucracy more efficient. (Dario VS. Mison)

18. Bona fide abolition of office – National Land Titles Registration Administration VS. CSC
Not removal without cause. It does not involve or mean removal for the reason that removal
implies that the post subsists and that one is merely separated therefrom. After abolition, there is in law
no occupant. Thus, there can be no tenure to speak of. It is in this sense that from the standpoint of strict
law, the question of any impairment of security of tenure DOES NOT ARISE.
19. Mayor VS. Macaraig
Abolition of office is obviously NOT the same as the declaration that the office is vacant. While it is
undoubtedly a prerogative of the legislature ti abolish certain offices, IT CANNOT BE CONCEDED the power
to simply pronounce those offices vacant and thereby effectively remove the occupants or holders thereof
from the civil service.

20. Canonizado VS. Aguirre

Declaring that “the terms of office of the current Commissioners are deemed expired” was not
considered a valid means of effecting a reorganization where the office continued to exercise substantially
the SAME administrative, supervisory, etc. functions.
Creation and abolition of public offices is primarily a legislative function.

21. The rule that outlaws unconsented transfers as anathema to security of tenure APPLIES ONLY to an
officer who is APPOINTED, not MERELY ASSIGNED to a particular section.

22. Buena JR. VS. Benito

The Regional Governor of the Autonomous Region in Muslim Mindanao has the power to appoint
officers in the region’s civil service. HOWEVER, if there is NO REGIONAL LAW providing for the
qualifications for the position at the time of appointment, the appointee MUST SATISFY THE SERVICE
EIGIBILITIES required for the position in the national government to be appointed in a permanent capacity.

NEPOTISM
Appointment issued in favour of a relative within the third civil degree of consanguinity or affinity
of any of the following: (Civil Service Commission VS. Cortes)
 appointing authority
 recommending authority
 chief of bureau or office
 person exercising immediate supervision over the appointee

1. Pernicious evil impeding the civil service and the efficiency of its personnel. Favoritism.
2. The purpose of the prohibition against nepotism is to ensure that all appointments and other personnel
actions in the civil service should be based on MERIT AND FITNESS and should NEVER DEPEND on how
close or intimate an appointee is to the appointing power.
3. It is a prohibition directed at NATURAL PERSONS, not to the office.

4. Laurel VS. Civil Service Commission – Appointment VS. Designation – both under nepotism
Career service positions may be filled up only by appointment, either permanent or temporary;
hence a DESIGNATION of a person to fill it up because it is vacant, is necessarily included in the term
APPOINTMENT, for it precisely accomplishes the same purpose.
CLASSIFICATION OF POSITIONS IN THE CIVIL SERVICE
1. Career service OR Non- career service.
2. Career service (characterized by)
 entrance based on merit and fitness to be determined as far as practicable by competitive
examination
 opportunity for advancement to higher career positions
 security of tenure

3. Non- Career service (characterized by)

 entrance on bases other than those of the usual tests of merit and fitness utilized for the career
service
 tenure which is limited to a period specified by law (EX. ambassadors plenipotentiary –
coterminous tenure with that of the appointing authority or subject to his pleasure)

4. Career service includes:

 open career positions for appointment to which prior qualification in an appropriate examination
is required
 closed career positions which are highly technical in nature – faculty
 positions in the career executive service- undersecretary, assistant secretary, bureau director,
assistant bureau director, regional director, assistant regional director, chief of department
service and other officers of equivalent rank as may be identified by the Career Executive Board,
ALL OF WHOM ARE APPOINTED BY THE PRESIDENT.
 Career officers, other than those in the Career Executive Service, who are appointed by the
President, such as Foreign Service Officers in DFA.
 Commissioned officers and enlisted men of AFP – maintain a separate merit system.
 Personnel of GOCCS, whether performing government or proprietary functions
 Permanent laborers

5. Security of tenure in the career executive service is thus acquired WITH RESPECT TO RANK and not to
position.

6. Cuevas VS. Bacal

Respondent did not acquire security of tenure by the mere fact that she was appointed to the
higher position of Chief Public Attorney since she was not subsequently appointed to the rank of CESO I
based on her performance in that position as required by the rules of CES Board.

7. Non- Career Service includes:

 Elective officials and their personal or confidential staff
 Secretaries and other officials of cabinet ran who hold their positions at the pleasure of the
president and their personal or confidential staff
 Chairman and members of commissions and boards with fixed terms of office and their personal
or confidential staff
  Contractual personnel or those whose employment in the government is in accordance with a
special contract to undertake a specific work job to be accomplished within a specific period but
in no case shall exceed 1 year
 Emergency and seasonal personnel

8. Classes of positions:
1. FIRST LEVEL- shall include clerical, trades, crafts, and custodial service positions which involve
non- professional or subprofessional work in a non- supervisory or supervisory capacity requiring less than
4 years of collegiate studies
2. SECOND LEVEL- shall include professional, technical, and scientific positions which involve
professional, technical, or scientific work in a non supervisory or supervisory capacity requiring at least 4
years of college work up to Division Chief level
3. THIRD LEVEL- shall cover positions in the Career Executive Service
Except as herein otherwise provided, entrance to the first two levels shall be through
competitive examinations, which shall be open to those inside and outside the service who meet the
minimum qualification requirements. Entrance to a higher level DOES NOT REQUIRE previous qualification
in the lower level. Entrance to the third level shall be prescribed by the Career Executive Service Board.

9. Within the same level, no civil service examination shall be required for promotion to a higher position
in one or more related occupation groups.

SALARY STANDARDIZATION – RA 6758

Equal pay for substantially equal work and to base differences in pay upon substantive differences in
duties and responsibilities, and qualification requirements of the positions.

PARTISAN POLITICAL ACTIVITIES

1. Prohibitions: - Apply only to civil servants holding APOLITICAL offices. The constitutional ban DOES NOT
COVER elected officials. This is because elected public officials, by the very nature of their office, engage
in partisan political activities ALMOST ALL YEAT ROUND. (Quinto VS. COMELEC)
1. prohibiting officers or employees in the civil service from engaging in electioneering or partisan
political campaign
2. candidates who lost in any election cannot be appointed to any office in the Government,
including GOCCs
3. prescription against elective officials being appointed or designated to any public office or
position during their tenure.

2. Seneres VS. COELEC

An act of nominating by the president of a party, who also happens to be the chairman of a GOCC,
is not a partisan political party. Such are treated as internal matters and cannot be considered as
electioneering or partisan political activity.
3. Santos VS. Yatco
Members of the Cabinet are NOT INCLUDED within the prohibition against partisan political
activities

ADDITIONAL AND MULTIPLE OFFICES

1. Prevents concentration of power.

2. The Constitution prohibits the appointment or designation of elective officials to other public office or
position during HIS TENURE.
 Appointive officials from holding any other office or employment in the govt, its
subdivision, agency, or instrumentality, including GOCCs.
3. Head of public office requires a full time job.

4. Flores VS. Drilon

The provision of the law which directed the President to appoint the mayor of Olangpo City as
Chairman of the Board of Chief Executive Officer of the Subic Metropolitan Bay was found to CINTRAVENE
the provision of consti.

DOUBLE OR MULTIPLE COMPENSATION

1. Pensions or gratuities are expressly NOT CONSIDERED as additional, double, or indirect compensation.
2. This principle is in accordance with the general idea that PUBLIC OFFICE IS A PUBLIC TRUST.

3. Veloso VS. COA

Court held that when an alleged scheme purporting to reward exemplary service by elected
officials actually results in doubling the total compensation of the recipients, the same amounts to double
and excessive compensation:
The disbursement of public funds, salaries, and benefits of government officers and employees
SHOULD BE GRANTED to compensate them for valuable public services rendered, and the salaries for
benefits paid to such officers or employees must be commensurate with services rendered,
Additional allowances must be shown to be necessary or relevant to the fulfilment of the official
duties and functions.

RULING: The reward is excessive and tantamount to double the additional compensation. This cannot be
justified by the mere fact that the awardees have been elected for 3 consecutive terms in the same
position.

4. CONSTITUTIONAL CURB- prohibition against additional or double compensation, except when

specifically authorized by law.

5. Dimagiba VS. Espartero

It has also been determined that receiving gratuity in addition to separation pay for basically the
same service constitutes DOUBLE COMPENSATION.
6. Public officials and employees are also PROHIBITED from accepting, without the consent of the
Congress, of any present, emolument, office or title of any kind from any foreign government. Accepting
presents from foreign governments may have IMPLICATIONS which would be INCONSISTENT with the
idea of REPUBLICANISM.