CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS
First Regular Session

HOUSE OF THE REPRESENTATIVES.
House Bill No.

introduced by Representative BEN P. EVARDONE

EXPLANATORY NOTE

Section 7, Article iX-A of the 1987 Constitution expressly.states that * [E]ach
Commission shall decide by a majority vote of all its Members any case or matter
brought before it within sixty days from the date of its submission for decision 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. Unless otherwise provided by this
Constitution or by law, any decision, order, or ruling of each Commission may be
brought to the Supreme Court on certiorari by the aggrieved party within thirty days
from receipt of a copy thereof.”

Of the three Constitutional Commissions, Commission on Elections
(COMELEC), Commission on Audit ( COA) and the Civil Service Commission (CSC)
covered by the provision mentioned above. It is only the CSC whose decision, order,
or muling is subject to the appeilate review of the Court of Appeals pursuant to
Section 9 of Batas Pambansa Big. 129, as amended, known as the Judiciary
Reorganization Act of 1980 as implemented by Section 1, Rule 43 of the Revised
Rules of Court. However, recognizing that the CSC just like the COMELEC and COA
is an independent Constitutional Commission and is supreme in its own field. There
has been a strong move to restore to the Supreme Court the sole power to review
through a special civil action on certiorari any decision, order or ruling of the CSC. It
is high time that a highly regarded Constitutional Commission such as the CSC be
given its just respect for among other things unceasingly protecting the security of
tenure of government officials and employees and promoting merit and fitness in the
bureaucracy.

It is this context that | introduce and recommend the passage of this present
bill restoring to the Supreme Court the sole power to review through the special civil
action on certiorari all actions of the CSC.

BEN PAEVARDONE
Représentative
Lone District of Eastern Samar


CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS
First Regular Session

HOUSE OF THE REPRESENTATIVES

House Bilt No. A 860

introduced by Representative BEN P. EVARDONE

AN ACT RESTORING JURISDICTION OVER FINAL DECISIONS, ORDERS, OR
RESOLUTIONS OF THE CIVIL SERVICE COMMISSION FROM THE COURT OF
APPEALS TO THE SUPREME COURT, AMENDING FOR THE PURPOSE
SECTION 9 (3) OF THE BATAS PAMBANSA BLG. 129, AS AMENDED, KNOWN
AS THE JUDICIARY REORGANIZATION ACT OF 1980

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

Section 1. Section 9 of Batas Pambansa Big. 129, as amended, known as the
Judiciary Reorganization Act of 1980, is hereby further amended to read as follows:

“Sec. 9. Jurisdiction. ~ The Court of Appeals shall exercise:

(1} Original Jurisdiction to issue writs of mandamus, prohibition,
certiorari, habeas corpus, and quo warranto, and auxiliary writs or
processes, whether or not in aid of its appeliate jurisdiction:

(2) Exercise original jurisdiction over actions for annulment of
Judgment of Regional Trial Courts; and

(3) Exclusive appellate jurisdiction over all final judgments, decisions,
Tesolutions, orders, or awards of Regional Trial Courts and quasi
judicial agencies, instrumentalities, boards or commissions,
including the Securities and Exchange Commission, except those
falling within the appellate jurisdiction of the Supreme Court in
accordance with the Constitution, the Labor Code of the Philippines
under Presidential Decree No. 442, as amended, the provisions of
this Act and of subparagraph (1) of the third paragraph and


subparagraph (4) of the fourth paragraph of Section 17 of the
Judiciary Act of 1948.

“The Court of Appeals shail have the power to try cases and conduct hearings,
receive evidence and perform any alt acts necessary to resolve factual to resolve
factual issues raised in cases falling within its original and appellate jurisdiction,
inctuding the power to grant and conduct new trials or further proceedings. Trials or
hearings in the Court of Appeals must be continuous and must be completed within
three (3) months, unless extended by the Chief Justice.

Section 2. Any decision, order or ruling of the Civil Service Commission may be
brought to the Supreme Court through a special civil action on certiorari under the
Revised Rules of Court by the aggrieved party in accordance with the Constitution.

Section 3. All provisions of Laws and rules inconsistent with the provisions of this Act
are hereby repeaied or amended accordingly.

Section 4. This Act shall take effect after fifteen (15) days following its publication in
@ newspaper of general circulation

Approved.

Bl (DONE
Representative