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A. COMMON PROVISIONS Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit. Key Functions of the Constitutional Commission 1. Civil Service government. Commission personnel office of
The prohibition of active management of a business does not prohibit a Commissioner from owning a business but it prohibits him from being a managing officer or a member of the governing board of a business which in any way may be affected by the functions of his office. Subsidiaries corporations formed by mother corporations through the general corporation law (not by special law) Section. 3. The salary of the Chairman and the Commissioners shall be fixed by law and shall not be decreased during their tenure. Section 4. The Constitutional Commissions shall appoint their officials and employees in accordance with law. Appointing Power
2. Commission on Audit the auditing office of the government. 3. Commission on Election charged with the administration of all important electoral process. Reason for making them independent constitutional bodies
Section 2. No member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in the practice of any profession or in the active management or control of any business which, in any way, may be affected by the functions of his office, nor shall he 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 government-owned or controlled corporations or their subsidiaries. practice of a profession, at least for the purpose of the prohibition, does not include teaching.
The Constitutional Commissions are offices specifically authorized by the Constitution to appoint their officials subject to Civil Service Law and Rules.
Section 5. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released. Automatic release of funds The obligation of the Budget Department to automatically release amounts appropriated for offices with fiscal autonomy means that the DBM may not retain a portion of the amount nor may it program release. The no report, no release policy of the Commission on Audit may not be validly enforced against offices vested with fiscal autonomy, for whom according to the Constitution, appropriations must be automatically released.
Ex. A lawyer who teaches law does not violate the prohibition.
Section 2 prohibits against engaging in activities which can distract from their responsibilities or subject them to pressures and temptations. Section 3 protects their salary from diminution during their continuance in office. Section 4 gives them independent appointment but in accordance with law. powers of
Section 5 gives them fiscal autonomy, that is, their approved annual appropriations shall be automatically and regularly released and shall not be subject to preaudit. Section 6 gives them authority, sitting en banc, to promulgate rules of procedure.
In case of conflict between a rule of procedure promulgated by a Commission and a Rule of Court, the former shall prevail if the proceeding is before a Commission; but if the proceeding is before a court, the latter shall prevail. The Supreme Court has no power to disapprove Commission rules except through the exercise of power of judicial review when such Commission rules violate the Constitution. These rules shall not Diminish, Increase, or Modify substantive rights.
If a decision is not reached within the reglamentary period, such failure does not affect the merits of the case. The case must still be decided at the earliest possible time.
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Review of decisions
Section 7. Each 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
Section 1. (1) The civil service shall be administered by the Civil Service Commission composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections immediately preceding their appointment. Outline of Section 1 (1) - The Chairman and the Commissioners must be: 1. Natural-born citizens of the Philippines; 2. At the time of their appointment, at least 35; 3. With proven capacity for public administration; and
1. 2. 3.
The 1987 Constitution has modified the rule. The civil Service now covers not all government-owned or controlled corporations but only those with original charters, that is, those corporations which have been created by special law and not through the general corporation law. The moment, however, that a corporation ceases to be government controlled, for instance, if it is privatized, it ceases to fall under the Civil Service. The test for determining whether officers and employees of a government owned corporation comes under the Civil Service System is the manner of creation of the corporation to which they belong.
Policy determining position one charged with the duty to formulate a method of action for the government or any of its subdivisions. Highly technical position if the occupant is required to possess a technical skill or training in the supreme or superior degree. Primarily confidential position denotes not only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy which insures freedom of intercourse without embarrassment or freedom from misgivings or betrayals of personal trust on confidential matters of state.
> The initial classification of the office may be made by the authority creating the office. Ultimately, however, whether a position is policy determining, primarily confidential or highly technical is a judicial question. The Court shall determine if the appointment has complied with law and that the appointee is qualified (Rule of Civil Service)
However, it is a different matter, when, after having extended an appointment that is immediately accepted, the appointing authority withdraws the same and extends it to someone else. The Civil Service is within its authority when it orders the reinstatement of the first appointee. The withdrawal of an appointment already accepted would be tantamount to removal and would violate security of tenure.
Career Service shall be characterized by: 1. Entrance based on merit and fitness to be determined as far as practicable by competitive examinations, or based on highly technical qualifications; 2. Opportunity for advancement to higher career positions; 3. Security of tenure. Non-Career Service shall be characterized by: 1. Entrance on bases other than those of the usual tests of merit and fitness utilized for the career service; 2. Tenure which is limited to a period specified by law, or which is coterminous with that of the appointing authority or subject to his pleasure, or which is limited to the duration of a particular project for which purpose employment was made. Role of the Civil Service Commission in appointments.
A next-in-rank rule might be prescribed by law, but such rule cannot be read to compel the appointing authority to appoint the person next in rank if others, even lower in rank, are qualified for the post. The appointing authority is not bound to adhere strictly to such rule because the legislature may not impair the free choice of the appointing power. (3) No officer or employee of the civil service shall be removed or suspended except for cause provided by law. (Security of tenure) Basic in a healthy civil service system is a guarantee of security of tenure, a guarantee against arbitrary impairment, whether total or partial, of the right to continue in the position held. Suspension or dismissal can be made only for cause provided by law. (Provided by law and not as may be provided by law which means the law must already be in existence when the act of the person is being subjected to disciplinary action was committed.) Dismissal here includes demotion or transfer reduction of pay or rank. This is a guarantee of both: involving
The role of the Civil Service Commission in the appointing process is limited to the determination of the qualifications of the candidate for appointment. It plays no role in the choice of the person to be appointed. The Civil Service Commission may not revoke such appointment in order to place one who is better qualified. The most that the Commission can do is certify to the qualification of those being considered for appointment.
Procedural due process (would require that suspension or dismissal come only after notice and hearing.)
(6) Temporary employees of the Government shall be given such protection as may be provided by law.
Employee persons in the public service, includes any person in the service of the Government or any branch thereof of whatever grade or class. Officer as distinguished from clerk or employee, refers to those officials whose duties, not being of a clerical or manual nature, may be considered to involve in the exercise of discretion in the performance of the functions of the government, whether such duties are precisely defined by law or not. A person having authority to do a particular act or perform a particular function in the exercise of governmental power, shall include any Government employee, agent, or body having authority to do the act or exercise the function in question.
It is in this sense that the terms officers and employees are used in the Constitution, and it is this sense which should also be applied, mutatis mutandis (by changing those things which need to be changed), to officers and employees of governmentowned or controlled corporations with original charter. It should be noted however, that entities under the civil service system are not completely beyond the reach of the Department of Labor or labor laws. When a government entity that is under the Civil Service enters into a contract (ex: security or janitorial agency)
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Section 1. (1) There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. (2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity. Brillantes, Jr. vs Yorac - The prohibition of temporary appointments or appointments in an acting capacity. Pres. Aquino appointed Commissioner Yorac as Acting Chairman to which the Sol. Gen. argued that said designation was justified by administrative expediency. However, emphasizing the importance of the Commissions constitutionally guaranteed
Any person holding an office of profit or trust in the government of the Philippines who, without the consent of the Congress accepts any present, emolument, office or title from a foreign state, except however, honors or Titles of a Religious, Academic, or Scientific nature, shall upon conviction be punished with imprisonment, not to exceed 1 year, and disqualification to hold any public office for a period of not less than 3 years nor more than 10 years.
Additional compensation when for one and the same office for which a compensation has been fixed there is added to such fixed compensation an extra reward in the form, for instance, of a bonus.
JURISDICTION OF COMELEC BEFORE PROCLAMATION (PRE-PROCLAMATION CONTROVERSIES) Administrative or quasijudicial. Governed by less stringent requirements of administrative due process.
JURISDICTION OF COMELEC AFTER PROCLAMATION (CONTEST) Judicial Governed by the requirements of judicial due process.
A complainant, who in effect accuses another person of having committed an act constituting an election offense, has the burden, as it is his responsibility, to follow through his accusation and prove his complaint. (7) Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies. (8) 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 directive, order, or decision. (9) Submit to the President and the Congress, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.
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Religious denominations and sects; 2. Those which seek to achieve their goals through violence or unlawful means; 3. Those who refuse to uphold and adhere to this Constitution; 4. Those which are supported by any foreign government (or its agencies). Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections, constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law. (6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices. (Courts determine inclusions and exclusions of voters)
Sections 2(7), (8) and (9) enumerate some specific recommendatory powers of the COMELEC. Nature and powers of the Commission Like the Civil Service Commission, the Commission on Elections is an administrative agency. Powers of the COMELEC 1. Executive power; 2. Quasi-judicial power; 3. Quasi-legislative power.
The COMELEC is authorized to investigate and prosecute violations of election laws, (acts upon any election offense complaint) which is evidently intended
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If there exists conflict between the Rules of Procedure of the COMELEC and Rules of Court, If in COMELEC, Rules of Procedure prevails and vice versa.
Section 3. The Commission on Elections may sit en banc or in two divisions, (by majority vote) and shall promulgate its rules of procedure in order to expedite disposition of election cases, including preproclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc. Decision a resolution of substantive issues. Reconsideration of a dismissal based on lack of interest may be heard in division.
Section 4. The Commission may, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges, or concessions granted by the Government or any subdivision, agency, or instrumentality thereof,
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