JD 104 - Constitutional Law I
Final Examination Coverage
Ecumenical Prayer (a) All cases in which the constitutionality or validity of any
treaty, international or executive agreement, law,
Almighty God, we stand in Your Holy Presence as our presidential decree, proclamation, order, instruction,
Supreme Judge. ordinance, or regulation is in question.
We humbly beseech You to bless and inspire us so that
what we think, (b) All cases involving the legality of any tax, impost,
say and do will be in accordance with Your will. assessment, or toll, or any penalty imposed in relation
Enlighten our minds, strengthen our spirit and fill our thereto.
hearts with fraternal love,
wisdom and understanding, so that we can become (c) All cases in which the jurisdiction of any lower court is
effective channels of truth, justice and peace. in issue.
In our proceedings today, guide us in the path of
righteousness for the fulfillment of Your greater glory. (d) All criminal cases in which the penalty imposed is
Amen. reclusion perpetua or higher.
(e) All cases in which only an error or question of law is
Preamble involved.
We, the sovereign Filipino people, imploring the aid of (3) Assign temporarily judges of lower courts to other
Almighty God, in order to build a just and humane society stations as public interest may require. Such temporary
and establish a Government that shall embody our ideals assignment shall not exceed six months without the
and aspirations, promote the common good, conserve and consent of the judge concerned.
develop our patrimony, and secure to ourselves and our
posterity the blessings of independence and democracy (4) Order a change of venue or place of trial to avoid a
under the rule of law and a regime of truth, justice, miscarriage of justice.
freedom, love, equality, and peace, do ordain and
promulgate this Constitution. (5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the practice
of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and
Article VIII
inexpensive procedure for the speedy disposition of cases,
JUDICIAL DEPARTMENT shall be uniform for all courts of the same grade, and shall
not diminish, increase, or modify substantive rights. Rules
Jurisdiction of procedure of special courts and quasi-judicial bodies
Section 1. The judicial power shall be vested in one shall remain effective unless disapproved by the Supreme
Supreme Court and in such lower courts as may be Court.
established by law.
(6) Appoint all officials and employees of the Judiciary in
Judicial power includes the duty of the courts of justice to accordance with the Civil Service Law.
settle actual controversies involving rights which are
legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion
Article IX
amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of the Government. Constitutional Commissions
Power CIVIL SERVICE COMMISSION
Section 5. The Supreme Court shall have the following Jurisdiction
powers: Section 2. (1) The civil service embraces all branches,
subdivisions, instrumentalities, and agencies of the
(1) Exercise original jurisdiction over cases affecting Government, including government-owned or controlled
ambassadors, other public ministers and consuls, and corporations with original charters.
over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus. (2) Appointments in the civil service shall be made only
according to merit and fitness to be determined, as far as
(2) Review, revise, reverse, modify, or affirm on appeal or practicable, and, except to positions which are policy-
certiorari, as the law or the Rules of Court may provide, determining, primarily confidential, or highly technical, by
final judgments and orders of lower courts in: competitive examination.
/amrt_alfarabi
JD 104 - Constitutional Law I
Final Examination Coverage
(3) No officer or employee of the civil service shall be (2) Exercise exclusive original jurisdiction over all contests
removed or suspended except for cause provided by law. relating to the elections, returns, and qualifications of all
elective regional, provincial, and city officials, and appellate
(4) No officer or employee in the civil service shall engage, jurisdiction over all contests involving elective municipal
directly or indirectly, in any electioneering or partisan officials decided by trial courts of general jurisdiction, or
political campaign. involving elective barangay officials decided by trial courts
of limited jurisdiction.
(5) The right to self-organization shall not be denied to
government employees. Decisions, final orders, or rulings of the Commission on
election contests involving elective municipal and
(6) Temporary employees of the Government shall be barangay offices shall be final, executory, and not
given such protection as may be provided by law. appealable.
Powers (3) Decide, except those involving the right to vote, all
Section 3. The Civil Service Commission, as the central questions affecting elections, including determination of
personnel agency of the Government, shall establish a the number and location of polling places, appointment of
career service and adopt measures to promote morale, election officials and inspectors, and registration of voters.
efficiency, integrity, responsiveness, progressiveness, and
courtesy in the civil service. It shall strengthen the merit (4) Deputize, with the concurrence of the President, law
and rewards system, integrate all human resources enforcement agencies and instrumentalities of the
development programs for all levels and ranks, and Government, including the Armed Forces of the
institutionalize a management climate conducive to public Philippines, for the exclusive purpose of ensuring free,
accountability. It shall submit to the President and the orderly, honest, peaceful, and credible elections.
Congress an annual report on its personnel programs.
(5) Register, after sufficient publication, political parties,
COMMISSION ON ELECTIONS organizations, or coalitions which, in addition to other
Jurisdiction requirements, must present their platform or program of
Section 3. The Commission on Elections may sit en banc government; and accredit citizens’ arms of the
or in two divisions, and shall promulgate its rules of Commission on Elections. Religious denominations and
procedure in order to expedite disposition of election sects shall not be registered. Those which seek to achieve
cases, including pre-proclamation controversies. All such their goals through violence or unlawful means, or refuse
election cases shall be heard and decided in division, to uphold and adhere to this Constitution, or which are
provided that motions for reconsideration of decisions supported by any foreign government shall likewise be
shall be decided by the Commission en banc. refused registration.
Section 4. The Commission may, during the election Financial contributions from foreign governments and
period, supervise or regulate the enjoyment or utilization of their agencies to political parties, organizations, coalitions,
all franchises or permits for the operation of transportation or candidates related to elections constitute interference
and other public utilities, media of communication or in national affairs, and, when accepted, shall be an
information, all grants, special privileges, or concessions additional ground for the cancellation of their registration
granted by the Government or any subdivision, agency, or with the Commission, in addition to other penalties that
instrumentality thereof, including any government-owned may be prescribed by law.
or controlled corporation or its subsidiary. Such
supervision or regulation shall aim to ensure equal (6) File, upon a verified complaint, or on its own initiative,
opportunity, time, and space, and the right to reply, petitions in court for inclusion or exclusion of voters;
including reasonable, equal rates therefor, for public investigate and, where appropriate, prosecute cases of
information campaigns and forums among candidates in violations of election laws, including acts or omissions
connection with the objective of holding free, orderly, constituting election frauds, offenses, and malpractices.
honest, peaceful, and credible elections.
(7) Recommend to the Congress effective measures to
Powers minimize election spending, including limitation of places
Section 2. The Commission on Elections shall exercise the where propaganda materials shall be posted, and to
following powers and functions: prevent and penalize all forms of election frauds, offenses,
malpractices, and nuisance candidacies.
(1) Enforce and administer all laws and regulations relative
to the conduct of an election, plebiscite, initiative, (8) Recommend to the President the removal of any officer
referendum, and recall. 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.
/amrt_alfarabi
JD 104 - Constitutional Law I
Final Examination Coverage
(9) Submit to the President and the Congress a
comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall.
COMMISSION ON AUDIT
Jurisdiction
Section 3. No law shall be passed exempting any entity of
the Government or its subsidiary in any guise whatever, or
any investment of public funds, from the jurisdiction of the
Commission on Audit.
Powers
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 therefor, 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.
/amrt_alfarabi
