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Questions and Answers

What is the term limit for the Chairman of the Civil Service Commission?

  • 7 years (correct)
  • 5 years
  • 6 years
  • 10 years
  • Which of the following is NOT one of the qualifications for being a Commissioner of the Civil Service Commission?

  • Natural-born citizen of the Philippines
  • At least 30 years old (correct)
  • Proven capacity for public administration
  • No candidacy for elective position prior to appointment
  • To whom should decisions of the Civil Service Commission be appealed?

  • Department of Justice
  • Court of Appeals (correct)
  • Supreme Court
  • Executive Department
  • Which segment is included in the scope of the Civil Service?

    <p>Government-owned and controlled corporations</p> Signup and view all the answers

    How long can an appointee serve in a position within the civil service?

    <p>Single term only, no reappointment</p> Signup and view all the answers

    Which type of positions do NOT require competitive examinations for appointment?

    <p>Policy-determining positions</p> Signup and view all the answers

    What is NOT a function of the Civil Service Commission?

    <p>Issuing executive orders</p> Signup and view all the answers

    What is a key restriction placed on the Civil Service Commission regarding appointments?

    <p>Cannot disapprove an appointment solely based on preference for another candidate</p> Signup and view all the answers

    What ensures the independence of the Constitutional Commissions?

    <p>They are constitutionally created and have fiscal autonomy.</p> Signup and view all the answers

    What is the term used for the process by which commissioners can be removed from office?

    <p>Impeachment</p> Signup and view all the answers

    Which of the following is NOT a disqualification for members of the Constitutional Commissions?

    <p>Participating in public discussions on governmental affairs.</p> Signup and view all the answers

    What powers do the Constitutional Commissions have in terms of procedural rules?

    <p>They can promulgate their own procedural rules.</p> Signup and view all the answers

    How are the annual appropriations for the Constitutional Commissions handled?

    <p>They are automatically and regularly released once approved.</p> Signup and view all the answers

    What is the maximum time allowed for each commission to decide a case after submission?

    <p>60 days</p> Signup and view all the answers

    Which of the following statements accurately describes the voting process of the Constitutional Commissions?

    <p>All members must act as one; no individual can decide a case alone.</p> Signup and view all the answers

    What type of autonomy do the Constitutional Commissions enjoy?

    <p>Fiscal autonomy.</p> Signup and view all the answers

    What is the maximum term of office for a member appointed to the Commission on Elections?

    <p>Seven years</p> Signup and view all the answers

    Which body has the authority to appoint the Chairman and Commissioners of the Commission on Elections?

    <p>The President</p> Signup and view all the answers

    What type of jurisdiction does the Commission on Elections have over contests relating to elective officials?

    <p>Exclusive original jurisdiction</p> Signup and view all the answers

    Which of the following actions is NOT a power of the Commission on Elections?

    <p>Conduct criminal investigations</p> Signup and view all the answers

    What criterion disqualifies a political party from registering with the Commission on Elections?

    <p>Support from a foreign government</p> Signup and view all the answers

    How long is the term for the two members initially appointed for five years?

    <p>Five years</p> Signup and view all the answers

    What is a condition that would cause the Commission on Elections to refuse the registration of a group?

    <p>Using unlawful means to achieve goals</p> Signup and view all the answers

    What is the status of decisions made by the Commission on elections involving elective municipal offices?

    <p>Final, executory, and not appealable</p> Signup and view all the answers

    What is the disqualification period for losing candidates in any election before they can be appointed to a government position?

    <p>One year</p> Signup and view all the answers

    Which of the following is NOT an exception for appointive officials regarding holding other government positions?

    <p>Previous experience in government</p> Signup and view all the answers

    What must all public officers and employees do prior to assuming their duties?

    <p>Take an oath or affirmation</p> Signup and view all the answers

    Who comprises the Commission on Elections?

    <p>A Chairman and six Commissioners</p> Signup and view all the answers

    Under the provisions stated, which of the following forms of compensation is NOT allowed for elected or appointed officers?

    <p>Indirect compensation</p> Signup and view all the answers

    What are the age and educational qualifications required for members of the Commission on Elections?

    <p>At least 35 years old and a college degree</p> Signup and view all the answers

    Which of the following statements regarding elective officials is correct?

    <p>They may hold ex officio positions while in office.</p> Signup and view all the answers

    What is a requirement for the majority of members of the Commission on Elections besides age and citizenship?

    <p>Having been engaged in the practice of law for ten years</p> Signup and view all the answers

    What constitutes interference in national affairs regarding elections?

    <p>Financial contributions from foreign governments</p> Signup and view all the answers

    What action can the Commission on Elections take if it identifies election fraud?

    <p>File petitions in court</p> Signup and view all the answers

    Which of the following is a recommended measure to minimize election spending?

    <p>Limit posting locations for propaganda materials</p> Signup and view all the answers

    What can happen to government employees who violate the Commission’s directives?

    <p>They may be removed from their positions or face disciplinary actions</p> Signup and view all the answers

    How does the Commission ensure fair opportunities during elections?

    <p>By providing equal time and space for public information campaigns</p> Signup and view all the answers

    In what manner can the Commission on Elections operate when handling election cases?

    <p>En banc or in two divisions as required</p> Signup and view all the answers

    What is one duty of the Commission regarding elections?

    <p>To submit a comprehensive report on election conduct</p> Signup and view all the answers

    What happens when foreign financial contributions are accepted by political parties?

    <p>It serves as a basis for additional penalties and cancelation of registration</p> Signup and view all the answers

    What is the term of office for the Chairman appointed to the Commission on Audit?

    <p>Seven years</p> Signup and view all the answers

    Which of the following does the Commission on Audit NOT have the authority to examine?

    <p>Private individual investments</p> Signup and view all the answers

    What is required for the Commission to adopt temporary audits?

    <p>Inadequate internal control systems in audited agencies</p> Signup and view all the answers

    How long must the Commission preserve the vouchers related to the government's accounts?

    <p>As determined by law</p> Signup and view all the answers

    Which body has the exclusive authority to establish accounting and auditing rules?

    <p>The Commission on Audit</p> Signup and view all the answers

    What is the maximum term for the other Commissioner appointed on the Commission?

    <p>Five years</p> Signup and view all the answers

    What type of expenditures does the Commission aim to prevent through its regulations?

    <p>Unnecessary and extravagant expenditures</p> Signup and view all the answers

    What is the appointment condition for filling a vacancy on the Commission?

    <p>For the unexpired portion of the predecessor's term</p> Signup and view all the answers

    Study Notes

    Article IX: Constitutional Commissions

    • Three independent commissions detailed in Article IX
    • These are the Civil Service Commission, the Commission on Elections, and the Commission on Audit.

    Objectives

    • Explain different Constitutional Commissions in Article IX
    • Discuss the composition, appointments, qualifications, and terms of office of the three commissions.
    • Distinguish the powers and functions of the three commissions.

    Common Provisions

    • Commissions are created constitutionally (Section 1)
    • Commissions have independent powers of appointment (Section 4)
    • Each commission can make its own procedural rules (Section 6)
    • Commissions have fiscal autonomy (Section 5)
    • Salaries cannot be reduced during a commissioner's term of office (Section 3)
    • Commissioners have fixed terms
    • Commissioners are removable only by impeachment.

    Section 1

    • The three commissions are independent: Civil Service Commission, Commission on Elections, and Commission on Audit.

    Section 2: Disqualifications

    • Members cannot hold other office/employment during their tenure
    • Cannot practice a profession during term
    • Cannot actively manage or control any business affecting their office
    • Cannot be financially interested in government contracts, franchises, or privileges.

    Section 3: Salaries

    • Salaries for Chairman and Commissioners are fixed by law and cannot be decreased during their term of office.

    Section 4

    • The Constitutional Commissions appoint their officials and employees according to law.

    Section 5

    • Commissions have fiscal autonomy.
    • Approved annual appropriations are automatically and regularly released.

    Section 6: Rules of Procedure

    • Commissions can create their own rules.
    • They can't diminish, increase, or modify substantive rights.

    Section 7: Decision Making/ Appeal Decision-Making

    • Each commission decides by majority vote within 60 days of submission.
    • Commissions must act as a whole; no single member can decide a case alone.
    • COMELEC/COA decisions are appealable to the Supreme Court (SC)
    • CSC decisions are appealable to the Court of Appeals (CA).

    Section 8

    • Each commission will perform other functions as mandated by law.

    B. Civil Service Commission

    • Composition: Chairman and two commissioners
    • Qualifications: natural-born Filipino citizens, at least 35 years old at appointment, demonstrated capacity in public administration, not candidates for any elective position in the prior election.
    • Appointments: made by the President with Senate Confirmation.
    • Commissioners Serve: Chairman-7 years Commissioner 1 - 5 years, Commissioner 2 - 3 years.

    Section 1 (Civil Service Commission)

    • Single term only; no reappointment
    • Vacancies filled only by unexpired term of previous position holder
    • No temporary or acting appointments allowed

    Section 2: Scope

    • Civil Service embraces all branches, subdivisions, and instrumentalities of government, including GOCCs.
    • Appointments: competitive positions (require examinations) and non-competitive positions (policy-determining, highly confidential, or highly specialized).
    • The only qualifications for a position are those detailed in the law.

    Section 3 (Civil Service Commission)

    • Establish career service and adopt measures promoting morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service.
    • Strengthened the merit and reward system and promote a management climate conducive to accountability.
    • Annual report submitted to President and Congress regarding their programs.

    Section 4 (Civil Service Commission)

    • All public officers/employees take an oath to uphold the Constitution.

    Section 5 (Civil Service Commission)

    • Congress standardizes compensation for government officials & employees.

    Sections 6-7: Disqualifications

    • Losing candidates in an election cannot be employed in a position within the government or government-owned/controlled corporations for one year after the election.
    • The elected/appointed officer is ineligible for any office while in their term of office, with exception for ex officio positions.
    • A candidate/official cannot hold other office positions without the appropriate resignations.

    Section 8 (Civil Service Commission)

    • Additional and double compensation is prohibited unless mandated by law.

    C. Commission on Elections

    • Composition: one chairman and six commissioners who must be natural-born Filipinos, at least 35 years old, possess a college degree, and have been engaged in the practice of law for at least ten years.

    • Qualifications: natural-born citizens of the Philippines, at least 35 years of age, holders of a college degree; a majority must hold membership in the Philippine Bar, with at least ten practice years.

    • Appointments: President appoints with Commission on Appointments confirmation.

    • Commissioners Serve: Chairman - 7 years, Commissioners - 7 years with varying staggered terms upon initial appointment).

    Section 1 (Commission on Elections)

    • Vacancies filled only for unexpired term of the predecessor
    • (No temporary appointments)

    Section 2. Powers & Functions

    • Enforce/administer electoral laws/regulations and conduct elections/plebiscites/initiatives/referenda/recalls.
    • Have exclusive original jurisdiction for election disputes (regional, provincial/city, & municipal officials; or those involving barangay officials).
    • Decide issues related to elections (including voters' rights, polling places, election officials/inspectors, voters' registration)
    • Have power to deputize law enforcement agencies to ensure free, orderly, honest, peaceful, and credible elections, as well as to register political parties/organizations.

    Section 3(Commission on Elections):

    • Commission may sit in a full assembly or two divisions to expedite election cases; including pre-proclamation issues/decisions. Resolutions/motions for reconsideration are handled by the full Commission.

    Section 4(Commission on Elections)

    • During election periods, the Commission supervises/regulates all franchises/permits/ grants/special privileges/concessions of transportation utilities/communication/information from all levels of government, including GOCCs. The purpose is to ensure equal opportunity/time/space/and reply in order to hold free/orderly/honest/peaceful/credible elections.

    Section 5(Commission on Elections):

    • No pardons/amnesty/parole/suspension for violations of election laws, rules and regulations shall be granted by President without recommendation from the Commission. Congress is mandated for a free and open party system.

    Section 6(Commission on Elections)

    • A free and open party system, subject to provisions in Article IX, Section 6, is allowed to evolve according to the free choice of the people.

    Section 7(Commission on Elections)

    • Only registered party-list system votes are considered valid.

    Section 8(Commission on Elections)

    • Registered party-list systems are not represented on election boards/ boards of election inspectors/boards of canvassers/ other similar bodies; however, they can appoint poll watchers.

    Section 9(Commission on Elections):

    • Election period: 90 days before the election to 30 days after the election. (Adjustments possible for special cases)

    Section 10(Commission on Elections):

    • Candidates for public office are protected from harassment/discrimination.

    Section 11(Commission on Elections):

    • Funds for elections, plebiscites, initiatives, referenda, and recalls. Funds will be released after approval by chairman from the required appropriations.

    D. Commission on Audit

    • Composition: Chairman and two Commissioners who must be natural-born Filipino citizens, at least 35, have 10 years auditing experience, or are members of the Philippine Bar with 10 years practice. They may not all be from the same profession.
    • Appointments: President's appointed; Commission on Appointments confirmation required.
    • Commissioners Serve: Chairman - 7 years, Commissioners 1 - 5 years, Commissioner 2 - 3 years (Staggered terms).

    Section 1 (Commission on Audit):

    • Only appointments to fill the unexpired portion of a term of a predecessor
    • No temporary status.

    Section 2. Powers & Functions

    • The Commission examines, audits, and settles accounts related to government revenue, expenditures, use of funds/property (held in trust or belonging to the government). The scope includes constitutional bodies/offices/commissions with fiscal autonomy, autonomous colleges/universities, government agencies, and private entities receiving government funding or equity. Post-audit authority.

    Section 3(Commission on Audit)

    • No laws can be made exempting any government entity from COA jurisdiction.

    Section 4(Commission on Audit)

    • The Commission submits annual reports to the President and Congress on government financial condition/operation; recommendations to improve effectiveness and efficiency. Other reports as needed by law

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