a. Functions

Incidental Functions

The functions of searching, screening, and selecting are necessary and incidental to the JBC's principal function of choosing and recommending nominees for vacancies in the judiciary for appointment by the President. In carrying out its main function, the JBC has the authority to set the standards/criteria in choosing its nominees for every vacancy in the judiciary, subject only to the minimum qualifications required by the Constitution and law for every position. (Villanueva v. JBC, G.R. No. 211833, April 7, 2015)

Functions of Judicial Review

• Checking — invalidating a law or executive act that is found to be contrary to the Constitution.
• Legitimating — sustaining a challenged law or executive act after the Court reaches and resolves the constitutional question in its favor.

Symbolic — to educate the bench and bar as to the controlling principles and concepts on matters of grave public importance for the guidance of and restraint upon the future (Salonga v. Cruz Paño, G.R. No. 59524, Feb. 18, 1985)

Are the functions under R.A. No. 8436 mandatory?

Yes. The minimum functional capabilities enumerated under Section 6 of R.A. No. 8436, as amended, are mandatory. These functions constitute the most basic safeguards to ensure the transparency, credibility, fairness and accuracy of the upcoming elections. The law is clear. A “voter-verified paper audit trail” requires the following: (a) individual voters can verify whether the machines have been able to count their votes; and (b) that the verification at minimum should be paper based. There appears to be no room for further interpretation of a “voter verified paper audit trail.” The paper audit trail cannot be considered the physical ballot, because there may be instances where the machine may translate the ballot differently, or the voter inadvertently spoils his or her ballot. (Bagumbayan-VNP Movement, Inc. vs COMELEC, G.R. No. 222731, January 2, 2017)

The functions of COA can be classified as:

• Examining and auditing all forms of government revenues and expenditures
• Settling government accounts
• Promulgating accounting and auditing rules
• Deciding audit disallowances and other matters within its audit jurisdiction, including the settlement of government accounts.