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CONSTITUTIONAL COMMISSIONS I. II. III.

Civil Service Commission Commission on Elections Commission on Audit

Salaries: Chairmen: P204, 000.00 annually Members: P180, 000.00 annually Disqualifications: a) Shall not, during tenure, hold any other office or

Safeguards ensuring the independence of the Commissions: 1) They are constitutionally created; may not be abolished by statute. 2) Each is expressly as independent. 3) Each is conferred certain powers & functions which cannot be reduced by statute. 4) The chairmen and members cannot be removed from office except by impeachment. 5) The chairmen and members are given the fairly long term of 7 years. 6) The terms of office of the chairmen and members are staggered in such a way as to lessen the opportunity for appointment of the majority of the body by the same President. 7) The chairmen and members may not be reappointed or appointed in an acting capacity. 8) The salaries of the chairmen and members are relatively high and may not be decreased during their continuance in office. 9) The Commissions all enjoy fiscal autonomy. 10) Each Commission may promulgate its own procedural rules. 11) The chairmen and members are subject to certain disqualifications and inhibitions calculated to strengthen their integrity. 12) The Commissions may appoint their own officials and employees in accordance with the Civil Service Law.

employment. b) Shall not engage in the practice of any profession. c) Shall not engage in the active management or control of any business in which in any way may be affected by the functions of his office. d) Shall not be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies or instrumentalities, including GOCCs or their subsidiaries. Rotational Scheme of Appointments Under this system, the original appointees were to be given terms of 3, 5, & 7 years respectively so that a vacancy was supposed to occur every 2 years & to be filled by subsequent appointees who would serve the full term of 7 years. Requisites: the date; any vacancy before the expiration of the term shall be filled for the unexpired balance of the term Other Perquisites The Constitutional Commissions are empowered to appoint their own officials and employees in accordance, with the civil service laws. original members of the Commissions shall start on a common

Sec.5. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically & regularly released. Sec.6. Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules however shall not diminish, increase, or modify substantive rights. Proceedings Sec.7. Each Commission shall decide by a majority vote of all its Members any case or matter brought before it within 60 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 SC on certiorari by the aggrieved party within 30 days from receipt of a copy thereof.

They shall be appointed by the President with the consent of the Commission on Appointments for a term of 7 years without reappointment. In no case shall any member be appointed or designated in a temporary or acting capacity. Scope of the Civil Service It embraces all branches, subdivisions, instrumentalities and agencies of the Government, including GOCCs with original charters. Corporations with original charters are those created by special law, like the GSIS & the SSS. Their subsidiaries are not covered.

Classes of Service 1) Career service entrance based on merit & fitness to be determined as far as practicable by competitive examinations, or based on highly technical qualifications; opportunity for advancement to higher career positions; & security of tenure Career positions, where prior

is characterized by:

THE CIVIL SERVICE COMMISSION Composition: A Chairman and 2 Commissioners, who shall be: natural-born citizens of the Philippines at the time of their appointment, at least 35 years of age with proven capacity for public administration Must not have been candidates for any elective position in the election immediately preceding their appointment.

it includes: a) Open qualification in an appropriate examination is required; b) Closed Career positions which are scientific or highly technical in nature; c) Career Executive Service, like undersecretaries, bureau directors, etc.; d) Career officers (other than those in the Career Executive Service) who are appointed by the President e) Positions in the AFP, although governed by a separate merit system;

f) Personnel of GOCCs with original charters; g) Permanent laborers, whether skilled, semiskilled, or unskilled. 2) Non-career service entrance on bases other than those of the usual tests utilized for the career service; tenure limited to a period specified by law, or which is co-terminus with that of the appointing authority or subject to his pleasure, or which is limited to the duration of a particular it includes: a) Elective officials & their personal or confidential staff; b) Dept. heads & officials of Cabinet rank who hold office at the pleasure of the President, & their personal or confidential staff; c) Chairmen and members of commissions & boards with fixed terms of office, & their personal or confidential staff; d) Contractual personnel or those whose employment in government is in accordance with a special contract to undertake a specific work requiring special or technical skills not available in the employing agency; e) Emergency & seasonal personnel. project for which purpose employment was made.

a) policy-determining, b) primarily confidential, & c) highly technical position

Security of Tenure No officer or employee of the civil service shall be removed or suspended except for cause provided by law. [Sec. 2(3)] The grounds and the procedure for

is characterized by:

investigation of charges and the discipline of career civil service officers & employees are provided in the Civil Service Law. Non-compliance therewith constitutes a denial of the right to security of tenure. Pending administrative investigation, it is provided that the employee charged shall be subject to preventive suspension but the same shall be lifted after 90 days if he is not a presidential appointee unless the delay in the conduct of the probe is imputable to him.

Partisan Political Activity means active support for or affiliation with the cause of a political party or candidate. Sec.2(4). No officer or employee in the civil service shall engage, directly or indirectly in any electioneering or partisan political campaign. a) The Civil Service Law prohibits engaging directly or indirectly in any election except to vote, or to use official authority or influence to coerce the political activity of any person or body. But this does not prevent expression of views on current political problems or issues, or mention of the names of candidates for public office whom the public officer supports.

Appointments made only according to merit & fitness to be determined, as far as practicable, by competitive examination. [Sec. 2(2), Art. IX-B],

Exceptions: (from the competitive examination)

b) The military establishment is covered by this provision. But this prohibition applies only to those in the active military service, not to reservists. c) EXEMPT from this provision are: Members of the cabinet Public officers and employees holding

Objectives of the Civil Service a) It shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. b) It shall strengthen the merit and rewards system. c) Integrate all human resources development programs for all levels & ranks. d) Institutionalize a management climate conducive to public accountability.

political offices (who are allowed to take part in political & electoral activities, except to solicit contributions from their subordinates or commit acts prohibited under the Election Code). d) PURPOSE of the prohibition against partisan political activity: To prevent members of the civil service from using the resources of the government for the benefit of their candidates. To insulate them from political retaliation from winning candidates they have opposed or supported. Oath

All public officers & employees, including members of the armed forces, shall take an oath to support and defend the Constitution.

Disqualifications a) No elective official shall be eligible for

Self-organization Sec. 2(5). The right to self-organization shall not be denied to government employees. But while the right to organize & join unions, associations or societies cannot be curtailed, government employees may not engage in strikes to demand changes in the terms & conditions of employment because the terms & conditions of employment are provided by law.

appointment or designation in any capacity to any public office or position during his tenure. But he may accept appointive office during his term, subject only to forfeiture of his elective position. b) Unless otherwise provided by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including GOCCs or their subsidiaries. c) No candidate who has lost in any election shall, within 1 year after such election, be appointed to employees of the any office in the Government or any GOCCs or their subsidiaries.

Temporary Employees do not have any fixed term & are removable at pleasure. Sec.2(6). provided by law. Temporary

government shall be given such protection as may be

Standardization of Compensation

The Congress shall provide for the standardization of compensation of government officials & employees, including those in GOCCs with original charters, taking into account the nature of the responsibility pertaining to, & the qualifications required for, their positions. (Sec.5)

engaged in the practice of law for at least 10 years. They shall be appointed by the President with the consent of the Commission on Appointments for a term of 7 years without reappointment. No member shall be appointed or designated in a temporary or acting capacity.

Double Compensation No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office, or title of any kind from any foreign Government. Pensions or gratuities compensation. (Sec. 8) Exception: Where the law allows him to receive extra compensation for services rendered in another position which is an extension or connected with his basic work. shall not be

Powers & Functions 1) Enforcement of all laws & regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. Initiative is the power of the people to propose amendments to the Constitution or to propose & enact legislation through an election called for the purpose. Referendum is the power of the electorate to approve or reject legislation through an election called for the purpose. Recall is the termination of official relationship of a local elective official for loss of confidence prior to the expiration of his term through the will of the electorate. Plebiscite is the submission of constitutional

considered as additional, double, or indirect

THE COMMISSION ON ELECTIONS Composition and Qualifications A Chairman and 6 Commissioners who shall be: Natural-born citizens of the Philippines; At least 35 years. of age at the time of their appointments; College degree holder Not a candidates for any elective position in the immediately preceding elections Majority, including the Chairman, shall be members of the Philippine Bar who have been

amendments or important legislative measures to the people for ratification. 2) Decision of Election Contests 3) Decision of Administrative Questions It ascertains the establishment of precincts, the designation of polling places, the purchase of paraphernalia, the appointment of election officials, the registration of voters, & the conduct of elections in general. 4) Deputization of Law-Enforcement Agencies This power may be exercised only with the consent of the President.

The COMELEC may merely recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its decision, order, or directive. The Commission cannot exercise direct disciplinary authority over them. This is one instance where the COMELEC, although expressly declared to be independent by the Constitution is subordinated to the President. 5) Registration of Political Parties is necessary to give political parties political identity & juridical personality for purposes of the elections where they intend to participate. 6) Improvement of Elections Sec.7. Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, & to prevent & penalize all forms of election frauds, offenses, malpractices, & nuisance candidacies. Sec.9. Submit to the President & Congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.

a) No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system. (Sec. 7) b) Parties under the party-list system shall be entitled to appoint poll watchers in accordance with law. (Sec.8) c) This policy envisions a system that shall evolve according to the free choice of the people, not one molded & carved by the COMELEC, When the Constitution speaks of a multi-party system, it does not contemplate the COMELEC splitting parties into two. (LDP v. COMELEC) Funds Funds certified by the Commission as necessary to defray the expenses for holding regular & special elections, plebiscites, initiatives, referenda, & recalls, shall be provided in the regular or special appropriations &, once approved, shall be released automatically upon certification by the Chairman of the Commission.

Judicial Review The powers of review of the SC under Art. IX-A, Sec 7, are available not only against decisions, orders or rulings rendered by the COMELEC in an election contest but also those relating to the exercise of its quasi-judicial powers. A petition for certiorari under Rule 65 of the Rules of Court, filed with the SC within 30 days from receipt of a copy of final order, ruling or decision of the Commission en banc.

Election Period Unless otherwise fixed by the Commission in special cases, the election period shall commence 90 days before the day of election & shall end 30 days thereafter. (Sec. 9)

Party System A free & open party system shall be allowed to evolve according to the free choice of the THE COMMISSION ON AUDIT The COA is the watchdog of the financial operations of the Government. This is an important people.(Sec. 6)

constitutional role as the stability of Government depends to a considerable degree on the integrity of its fiscal policies & transactions.

c) Authority to define the scope of its audit & examination, establish techniques & methods required therefor. d) Promulgate accounting & auditing rules & regulations, including those for the prevention & disallowance of irregular, unnecessary, expensive, extravagant, or unconscionable expenditures or uses of government funds or property. Public funds are derived mainly from taxes, fines, & loans contracted by the Government. National treasury where all collections are deposited. To secure the release of funds from the Treasury, a warrant COA. The Auditor General has the power to look into the question of whether a person claiming salary payment is entitled to the salary or not. Any monetary claim against the Government must first be filed with the COA, which must act upon it within 60 days. must be drown by the proper administrative official & countersigned by the

Composition & Qualifications A Chairman & 2 Commissioners who shall be: Natural-born citizens of the Philippines At least 35 years of age at the time of their appointments; Either CPAs with at least 10 years auditing experience or members of the Philippine Bar with 10 years of practice; Members cannot all belong to the same profession; Subject to confirmation of the Commission on Appointments; & Not a candidate for any elective position in the immediately preceding elections.

Powers & Functions a) Examine, audit & settle all accounts pertaining to the revenue & receipts of, & expenditures or uses of funds & property owned or held in trust pertaining to the Government. On post audit basis: Constitutional commissions & bodies or offices granted fiscal autonomy under the Const. Autonomous state colleges & universities Other GOCCs & their subsidiaries Non-governmental entities receiving subsidy or equity, directly or indirectly, from or through the Government. b) Keep the general accounts of Government, & preserve vouchers & supporting papers for such period as provided by law.

Prohibited Exemptions 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 COA. (Sec.3)

Report The Commission shall submit to the President & the Congress, within the time fixed by law, an annual report covering the financial condition & operation of the Government, its subdivisions, agencies, & instrumentalities, including GOCCs, & non-

governmental entities subject to its audit, & recommend measures necessary to improve their effectiveness & efficiency. It shall submit such other reports as may be required by law. (Sec.4) The authority of the Commission to recommend measures to improve the efficiency & effectiveness of the Government empowers it to conduct the so-called performance audit which consists of the analytical & critical review. Assessment & evaluation of the activities, management & fiscal operations of the Government in order to reduce operational costs & losses & promote greater economy & administrative efficiency in public expenditures.