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ARTICLE IX
CONSTITUTIONAL
COMMISSIONS
Ivanie B. Villacampa
AB-Pol.Sci.4
OBJECTIVES
At the end of the discussion, the students are
expected to:
1. Explain the different Constitutional Commissions...
INDEPENDENT CONSTITUTIONAL COMMISSIONS:
1) CIVIL SERVICE COMMISSION (CSC)
2) COMMISSION ON ELECTIONS (COMELEC)
3) COMMISSI...
They perform vital functions of government.
Their integrity is protected by the fact that they:
1) are constitutionally cr...
4) Have fiscal autonomy (Sec. 5)
5) Salaries may not be diminished during their
office (Sec. 3)
6) Commissioners have a fi...
Section 2. Disqualifications
•Members cannot, during their tenure:
1) Hold any other office or employment;
2) Engage in th...
4) Be financially interested, direct or indirect, in any
contract, franchise, privilege granted by the
government, any of ...
Section 3. Salaries
1) Salaries are fixed by law and shall not be
decreased during their TENURE.
2) Decreases in salaries ...
Section 6. Rules of Procedure
1) Rules: The Commissions may promulgate its
own rules EN BANC.
2) Limitation: It shall not:...
Section 7. Decision Making/ Appeal
Decision-Making:
1.) Each commission shall decide matter or cases
by a majority vote of...
• Appeals:
1) Decisions, orders or rulings of the
COMELEC/COA may be brought on
certiorari to the SC.
2) Decisions, orders...
The Civil Service refers to the body of
employee in any government agency
including all employees of the
government in gen...
Composition/Qualifications/ Term
• Composition:
1) Chairman
2) Commissioners – 2 commissioners
• Qualifications:
1) Natura...
4) NOT candidates for any elective position in
the elections immediately preceding their
appointment.
5) Appointees by the...
• Term:
1) Chairman -7 years; Commissioner1 – 5 yrs;
Commissioner2 – 3 yrs
2) Limitation: single term only, no reappointme...
Section 2. Scope
• The Civil Service embraces all:
A. branches,
B. subdivisions,
C. instrumentalities,
D. agencies of the ...
• Appointments to civil service shall be:
A. Competitive positions- according to
merit and fitness to be determined by
com...
B. Non-competitive positions- No need for competitive
examinations. Non- competitive positions are:
a) Policy-determining ...
Who may be appointed?
1). RULE: Whoever fulfills all the qualifications prescribed by law
for a particular position may be...
Sections 6-7. Disqualification
• 1) Losing candidates in any election
a). Cannot be appointed to any office in the governm...
b). EXCEPTION: May hold ex officio positions.
c). To be eligible to hold any other office, the elected official
must first...
b). EXCEPTION: Unless otherwise allowed by law, or
by the primary functions of his position.
c). This exception DOES NOT A...
Section 8: Compensation
1. Prohibitions: applies to elected or appointed officers and
employees.
Cannot receive:
A. Additi...
THE END.
ARTICLE IX CONSTITUTIONAL COMMISSIONS (CIVIL SERVICE COMMISSION)
ARTICLE IX CONSTITUTIONAL COMMISSIONS (CIVIL SERVICE COMMISSION)
ARTICLE IX CONSTITUTIONAL COMMISSIONS (CIVIL SERVICE COMMISSION)
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ARTICLE IX CONSTITUTIONAL COMMISSIONS (CIVIL SERVICE COMMISSION)

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ARTICLE IX CONSTITUTIONAL COMMISSIONS (CIVIL SERVICE COMMISSION)

  1. 1. ARTICLE IX CONSTITUTIONAL COMMISSIONS Ivanie B. Villacampa AB-Pol.Sci.4
  2. 2. OBJECTIVES At the end of the discussion, the students are expected to: 1. Explain the different Constitutional Commissions created in Article IX. 2. Discuss the compositions, appointments and qualification and terms of office of the three Constitutional Commissions. 3. Distinguish the powers and functions of the three Constitutional Commissions.
  3. 3. INDEPENDENT CONSTITUTIONAL COMMISSIONS: 1) CIVIL SERVICE COMMISSION (CSC) 2) COMMISSION ON ELECTIONS (COMELEC) 3) COMMISSION ON AUDIT (COA) A. Common Provisions
  4. 4. They perform vital functions of government. Their integrity is protected by the fact that they: 1) are constitutionally created (sec. 1) 2) have independent powers of appointment (sec. 4) 3)each commission may promulgate its own procedural rules (sec. 6) Why Independent?
  5. 5. 4) Have fiscal autonomy (Sec. 5) 5) Salaries may not be diminished during their office (Sec. 3) 6) Commissioners have a fixed term 7) Commissioners are removable by impeachment only.
  6. 6. Section 2. Disqualifications •Members cannot, during their tenure: 1) Hold any other office or employment; 2) Engage in the practice of any profession; 3) Engage in the active management or control of any business, which, in any way, may be affected by the functions of their office; and
  7. 7. 4) Be financially interested, direct or indirect, in any contract, franchise, privilege granted by the government, any of its subdivisions, agencies, instrumentalities, including GOCC’s and their subsidiaries. Note: The Ombudsman and his deputies are subject to the same qualifications.
  8. 8. Section 3. Salaries 1) Salaries are fixed by law and shall not be decreased during their TENURE. 2) Decreases in salaries only affect those members appointed AFTER increase. 3) Incumbent members do not lose any salary. 4) Increases take effect IMMEDIATELY.
  9. 9. Section 6. Rules of Procedure 1) Rules: The Commissions may promulgate its own rules EN BANC. 2) Limitation: It shall not: a) Diminish, b) Increase, or c) Modify substantive rights.
  10. 10. Section 7. Decision Making/ Appeal Decision-Making: 1.) Each commission shall decide matter or cases by a majority vote of all the members within 60 days from submission. 2) As Collegial bodies, each commission must act as one, and no one member can decide a case for the entire commission.
  11. 11. • Appeals: 1) Decisions, orders or rulings of the COMELEC/COA may be brought on certiorari to the SC. 2) Decisions, orders or ruling of the CSC should be appealed to the CA.
  12. 12. The Civil Service refers to the body of employee in any government agency including all employees of the government in general.
  13. 13. Composition/Qualifications/ Term • Composition: 1) Chairman 2) Commissioners – 2 commissioners • Qualifications: 1) Natural-born citizens of the Philippines; 2) At least 35 years old at the time of their appointments; 3) With proven capacity for public administration; and local management
  14. 14. 4) NOT candidates for any elective position in the elections immediately preceding their appointment. 5) Appointees by the President to the CSC need Commission on Appointments (CA) confirmation.
  15. 15. • Term: 1) Chairman -7 years; Commissioner1 – 5 yrs; Commissioner2 – 3 yrs 2) Limitation: single term only, no reappointment 3) Appointment to vacancy: only for unexpired term of predecessor 4) No temporary appointments, or appointments in acting capacity.
  16. 16. Section 2. Scope • The Civil Service embraces all: A. branches, B. subdivisions, C. instrumentalities, D. agencies of the government, E. including GOCCs with original charters.
  17. 17. • Appointments to civil service shall be: A. 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.
  18. 18. B. Non-competitive positions- No need for competitive examinations. Non- competitive positions are: a) Policy-determining – formulate a method of action for the gov’t. b) Primarily confidential – more than ordinary confidence; close intimacy insures freedom of intercourse without betrayals of personal trust. c) Highly technical– requires technical skill to a superior degree.
  19. 19. Who may be appointed? 1). RULE: Whoever fulfills all the qualifications prescribed by law for a particular position may be appointed therein. 2). The CSC cannot disapprove an appointment just because another person is better qualified, as long as the appointee is himself qualified. 3). The CSC CANNOT add qualifications other than those provided by law.
  20. 20. Sections 6-7. Disqualification • 1) Losing candidates in any election a). Cannot be appointed to any office in the government or GOCC’s or their subsidiaries. b). Period of disqualification: One (1) year after such election • 2) Elective officials a). Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC OFFICE or position during their tenure.
  21. 21. b). EXCEPTION: May hold ex officio positions. c). To be eligible to hold any other office, the elected official must first resign his office d). Even Congress cannot, by law, authorize the appointment of an elective official. 3). Appointive officials a). Cannot hold any other office or employment in the government, any subdivision, agency, instrumentality, including GOCC’s and their subsidiaries.
  22. 22. b). EXCEPTION: Unless otherwise allowed by law, or by the primary functions of his position. c). 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
  23. 23. Section 8: Compensation 1. Prohibitions: applies to elected or appointed officers and employees. Cannot receive: A. Additional – an extra reward given for the same office i.e. bonus B. Double – when an officer is given 2 sets of compensation for 2 different offices held concurrently by 1 officer C. Indirect Compensation 2) EXCEPTION: Unless specifically authorized by law
  24. 24. THE END.

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