Constitutional-Commissions-presentation.pptx

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1. Philippines Constitutional Commissions

2. Article IX Constitutional Commissions

3. Objectives At the end of the discussion, we, the students are expected to: Explain the different Constitutional Commissions created in Article IX; Discuss the compositions, appointments and qualification and terms of office of the three Constitutional Commissions; Distinguish the powers and functions of the three Constitutional Commissions.

4. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions COMMON PROVISIONS Independent Constitutional Commissions: Civil Service Commission Commission on Elections Commission on Audit

5. Why Independent? The three commissions perform vital functions of government Their integrity is protected by the fact that they : are constitutionally created (Sec. 1) Have independent powers of appointment (Sec. 4) Each commission may promulgate its own procedural rules (Sec. 6) Have fiscal autonomy (Sec. 5) Salaries may not be diminished during their office (Sec. 3) Commissioners have a fixed term Commissioners are removable by impeachment only

6. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Section 2: Disqualification Members cannot, during their tenure: Hold any other office or employment; Engage in the practice of any profession; Engage in the active management or control of any business, which, in any way, may be affected by the functions of their office, and Be financially interested, direct or indirect, in any contract, franchise, privilege granted by the government, any of its subdivisions, agencies, instrumentalities, including GOCC’s or their subsidiaries Note: the Ombudsman and his deputies are subject to the same qualifications.

7. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Section 3: Salaries Salaries are fixed by law and shall not be decreased during their tenure. Decreases in salaries only affect those members appointed AFTER increase Incumbent members do not lose any salary Increases take effect immediately

8. Section 4: The Constitutional Commissions shall appoint their officials and employees in accordance with law. Section 5: The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released.

9. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Section 6: Rules of Procedure Rules: The Commissions may promulgate its own rules EN BANC Limitations: It shall not: Diminish, Increase, or Modify substantive rights.

10. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Section 7: Decision Making/Appeal Decision Making: Each commission shall decide matter or cases by a majority vote of all members within 60 days from submission As Collegial bodies, each commission must act as one, and no one member can decide a case for the entire commission Appeals: Decisions, Orders or Rulings of the COMELEC, COA may be brought on certiorari to the SC Decisions, Orders or Rulings of the CSC should be appealed to the CA.

11. THE CIVIL SERVICE COMMISSION The Civil Service Commission refers to the body of employee in any government agency including all employees of the government in general ALICIA dela ROSA-BALA   Chairman

12. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Section 1:Composition/Qualifications/Term Composition 1. Chairman 2. Two (2) Commissioners Qualifications: 1. Natural-born citizens of the Philippines 2. At least 35 years old at the time of their appointments 3. With proved capacity for public administration; and local management 4. Not candidates for any elective position in the election immediately preceding their appointment 5. Appointees by the President to the CSC need Commission on Appointments (CA) confirmation.

13. Term: Chairman - 7 years Commissioner 1 - 5 years Commissioner 2 - 3 years single term only, no reappointment Appointment to vacancy- only for unexpired term of predecessor No temporary appointment, or appointments in acting capacity 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Section 1:Composition/Qualifications/Term

14. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Section 2: Scope (1) The Civil Service embraces all: Branches, Subdivisions, Instrumentalities, Agencies of the government including GOCCs with original charters.

15. (2) Appointments to civil service shall be: Competitive positions- according to merit and fitness to be determined by competitive examinations, as far as practicable except to positions which are policy-determining, primarily confidential, or highly technical Non-competitive positions - no need for competitive examinations. Non-competitive positions are: Policy-determining - formulate a method of action for the government. Primarily confidential - more than ordinary confidence; close intimacy insures freedom of intercourse without betrayals of personal trust. Highly technical -requires technical skill to a superior degree 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Section 2: Scope

16. Who may be appointed? Rule: Whoever fulfill all the qualifications prescribed by law for a particular positions may be appointed therein. The CSC cannot disapprove an appointment just because another person is better qualified, as long as the appointee is himself qualified The CSC cannot add qualifications other than those provided by law.

17. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Section 3: Functions of CSC The Civil Service Commission, as the central personnel agency of the Government, shall : establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. submit to the President and the Congress an annual report on its personnel programs.

18. (1) Administer and enforce the constitutional and statutory provisions on the merit system for all levels and ranks in the Civil Service; (2) Prescribe amend and enforce rules and regulations for carrying into effect the provisions of the Civil Service Law and other pertinent laws; (3) Promulgate policies, standards and guidelines for the Civil Service and adopt plans and programs to promote economical, efficient and effective personnel administration in the government; (4) Formulate policies and regulations for the administration, maintenance and implementation of position classification and compensation and set standards for the establishment, allocation and reallocation of pay scales, classes and positions; Executive Order No. 292, Chapter 3-Organization and Functions of the Civil Service Commission] SECTION 12. Powers and Functions

19. (5) Render opinion and rulings on all personnel and other Civil Service matters which shall be binding on all heads of departments, offices and agencies and which may be brought to the Supreme Court on certiorari; (6) Appoint and discipline its officials and employees in accordance with law and exercise control and supervision over the activities of the Commission; (7) Control, supervise and coordinate Civil Service examinations. Any entity or official in government may be called upon by the Commission to assist in the preparation and conduct of said examinations including security, use of buildings and facilities as well as personnel and transportation of examination materials which shall be exempt from inspection regulations; (8) Prescribe all forms for Civil Service examinations, appointments, reports and such other forms as may be required by law, rules and regulations; Executive Order No. 292, Chapter 3-Organization and Functions of the Civil Service Commission] SECTION 12. Powers and Functions

20. (9) Declare positions in the Civil Service as may properly be primarily confidential, highly technical or policy determining; (10) Formulate, administer and evaluate programs relative to the development and retention of qualified and competent work force in the public service; (11) Hear and decide administrative cases instituted by or brought before it directly or on appeal, including contested appointments, and review decisions and actions of its offices and of the agencies attached to it. Officials and employees who fail to comply with such decisions, orders, or rulings shall be liable for contempt of the Commission. Its decisions, orders, or rulings shall be final and executory. Such decisions, orders, or rulings may be brought to the Supreme Court on certiorari by the aggrieved party within thirty (30) days from receipt of a copy thereof; Executive Order No. 292, Chapter 3-Organization and Functions of the Civil Service Commission] SECTION 12. Powers and Functions

21. (12) Issue subpoena and subpoena duces tecum for the production of documents and records pertinent to investigations and inquiries conducted by it in accordance with its authority conferred by the Constitution and pertinent laws; (13) Advise the President on all matters involving personnel management in the government service and submit to the President an annual report on the personnel programs; (14) Take appropriate action on all appointments and other personnel matters in the Civil Service including extension of Service beyond retirement age; Executive Order No. 292, Chapter 3-Organization and Functions of the Civil Service Commission] SECTION 12. Powers and Functions

22. (15) Inspect and audit the personnel actions and programs of the departments, agencies, bureaus, offices, local government units and other instrumentalities of the government including government-owned or controlled corporations; conduct periodic review of the decisions and actions of offices or officials to whom authority has been delegated by the Commission as well as the conduct of the officials and the employees in these offices and apply appropriate sanctions whenever necessary; (16) Delegate authority for the performance of any function to departments, agencies and offices where such function may be effectively performed; (17) Administer the retirement program for government officials and employees, and accredit government services and evaluate qualifications for retirement; (18) Keep and maintain personnel records of all officials and employees in the Civil Service; and (19) Perform all functions properly belonging to a central personnel agency and such other functions as may be provided by law. Executive Order No. 292, Chapter 3-Organization and Functions of the Civil Service Commission] SECTION 12. Powers and Functions

23. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Sections 6-7: Disqualifications 1. Losing candidates in any election Cannot be appointed to any office in the government or GOCCs or their subsidiaries Period of disqualification: one (1) year after such election 2. Elective Officials Not eligible for appointment or designation in any capacity to any public office or position during his tenure Exception: may hold ex officio position To be eligible to hold any other office, the elected official must first resign his office Even congress cannot, by law, authorize the appointment of an elective official

24. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Sections 6-7: Disqualifications 3. Appointive Officials Cannot hold any other office or employment in the government, any subdivision, agency, instrumentality, including GOCCs and their subsidiaries. Exception: unless otherwise allowed by law, or by the primary functions of his position This exception does not apply to Cabinet members, and those officers mentioned in Art VII, Sec 13. They are governed by the stricter prohibitions contained therein.

25. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Section 8: 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 shall not be considered as additional, double or indirect compensation.

26. C. THE COMMISION ON ELECTIONS Sheriff M. Abas Chairman

27. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Section 1: Composition/Qualifications/Term Composition 1. Chairman 2. Six (6) Commissioners Qualifications: 1. Natural-born citizens of the Philippines 2. At least 35 years old at the time of their appointments 3. Holders of a college degree 4. Not candidates for any elective position in the immediately preceding elections 5. Majority, including the chairman shall be members of the Philippine Bar who have been engaged in the practice of law for at least 10 years

28. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Section 1: Composition/Qualifications/Term Term: Chairman - 7 years Three (3) Members –7 years Two (2) members – 5 years One (1) member - 3 years single term only, no reappointment Appointment to any vacancy- only for unexpired term of predecessor No temporary appointment, or appointments in acting capacity

29. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Powers and Functions of COMELEC (1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. (2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. (3) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, registration of voters.

30. (4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections. (5) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredited citizens' arms of the Commission on Elections. (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 elections frauds, offences, and malpractices. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Powers and Functions of COMELEC

31. (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, offences, malpractices, and nuisance candidates. (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. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Powers and Functions of COMELEC

32. D. COMMISSION ON AUDIT Has the responsibility of ensuring transparency and accountability on government services, particularly in the use of public funds.

33. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Section 1: Composition/Qualifications/Term Composition 1. Chairman 2. Two (2) Commissioners Qualifications: 1. Natural-born citizens of the Philippines 2. At least 35 years old at the time of their appointments 3. Certified Public Accountants with not less than ten (10) years of auditing experience or members of the Philippine Bar who have been engaged in the practice of law for at least ten (10) years 4. Not have been candidates for any elective position in the election immediately preceding their appointment 5. Appointees by the President to the CSC need Commission on Appointments (CA) confirmation.

34. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Section 1: Composition/Qualifications/Term Term: Chairman - 7 years Commissioner 1 - 5 years Commissioner 2 - 3 years single term only, no reappointment Appointment to vacancy- only for unexpired term of predecessor No temporary appointment, or appointments in acting capacity

35. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Powers and Functions of COA The COA 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. 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. Submit annual reports to the President and the Congress on the financial condition and operation of the government.

36. 1987 Constitution of the Philippines, Article IX: Constitutional Commissions Powers and Functions of COA The COA shall have the power, authority and duty to: 4. Recommend measures to improve the efficiency and effectiveness of government operations. 5. Keep the general accounts of government and preserve the vouchers and supporting papers pertaining thereto. 6. Decide any case brought before it within 60 days. 7. Performs such other duties and functions as may be provided by law.