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Questions and Answers
What is the term limit for the Chairman of the Civil Service Commission?
What is the term limit for the Chairman of the Civil Service Commission?
Which of the following is NOT one of the qualifications for being a Commissioner of the Civil Service Commission?
Which of the following is NOT one of the qualifications for being a Commissioner of the Civil Service Commission?
To whom should decisions of the Civil Service Commission be appealed?
To whom should decisions of the Civil Service Commission be appealed?
Which segment is included in the scope of the Civil Service?
Which segment is included in the scope of the Civil Service?
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How long can an appointee serve in a position within the civil service?
How long can an appointee serve in a position within the civil service?
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Which type of positions do NOT require competitive examinations for appointment?
Which type of positions do NOT require competitive examinations for appointment?
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What is NOT a function of the Civil Service Commission?
What is NOT a function of the Civil Service Commission?
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What is a key restriction placed on the Civil Service Commission regarding appointments?
What is a key restriction placed on the Civil Service Commission regarding appointments?
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What ensures the independence of the Constitutional Commissions?
What ensures the independence of the Constitutional Commissions?
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What is the term used for the process by which commissioners can be removed from office?
What is the term used for the process by which commissioners can be removed from office?
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Which of the following is NOT a disqualification for members of the Constitutional Commissions?
Which of the following is NOT a disqualification for members of the Constitutional Commissions?
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What powers do the Constitutional Commissions have in terms of procedural rules?
What powers do the Constitutional Commissions have in terms of procedural rules?
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How are the annual appropriations for the Constitutional Commissions handled?
How are the annual appropriations for the Constitutional Commissions handled?
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What is the maximum time allowed for each commission to decide a case after submission?
What is the maximum time allowed for each commission to decide a case after submission?
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Which of the following statements accurately describes the voting process of the Constitutional Commissions?
Which of the following statements accurately describes the voting process of the Constitutional Commissions?
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What type of autonomy do the Constitutional Commissions enjoy?
What type of autonomy do the Constitutional Commissions enjoy?
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What is the maximum term of office for a member appointed to the Commission on Elections?
What is the maximum term of office for a member appointed to the Commission on Elections?
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Which body has the authority to appoint the Chairman and Commissioners of the Commission on Elections?
Which body has the authority to appoint the Chairman and Commissioners of the Commission on Elections?
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What type of jurisdiction does the Commission on Elections have over contests relating to elective officials?
What type of jurisdiction does the Commission on Elections have over contests relating to elective officials?
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Which of the following actions is NOT a power of the Commission on Elections?
Which of the following actions is NOT a power of the Commission on Elections?
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What criterion disqualifies a political party from registering with the Commission on Elections?
What criterion disqualifies a political party from registering with the Commission on Elections?
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How long is the term for the two members initially appointed for five years?
How long is the term for the two members initially appointed for five years?
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What is a condition that would cause the Commission on Elections to refuse the registration of a group?
What is a condition that would cause the Commission on Elections to refuse the registration of a group?
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What is the status of decisions made by the Commission on elections involving elective municipal offices?
What is the status of decisions made by the Commission on elections involving elective municipal offices?
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What is the disqualification period for losing candidates in any election before they can be appointed to a government position?
What is the disqualification period for losing candidates in any election before they can be appointed to a government position?
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Which of the following is NOT an exception for appointive officials regarding holding other government positions?
Which of the following is NOT an exception for appointive officials regarding holding other government positions?
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What must all public officers and employees do prior to assuming their duties?
What must all public officers and employees do prior to assuming their duties?
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Who comprises the Commission on Elections?
Who comprises the Commission on Elections?
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Under the provisions stated, which of the following forms of compensation is NOT allowed for elected or appointed officers?
Under the provisions stated, which of the following forms of compensation is NOT allowed for elected or appointed officers?
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What are the age and educational qualifications required for members of the Commission on Elections?
What are the age and educational qualifications required for members of the Commission on Elections?
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Which of the following statements regarding elective officials is correct?
Which of the following statements regarding elective officials is correct?
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What is a requirement for the majority of members of the Commission on Elections besides age and citizenship?
What is a requirement for the majority of members of the Commission on Elections besides age and citizenship?
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What constitutes interference in national affairs regarding elections?
What constitutes interference in national affairs regarding elections?
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What action can the Commission on Elections take if it identifies election fraud?
What action can the Commission on Elections take if it identifies election fraud?
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Which of the following is a recommended measure to minimize election spending?
Which of the following is a recommended measure to minimize election spending?
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What can happen to government employees who violate the Commission’s directives?
What can happen to government employees who violate the Commission’s directives?
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How does the Commission ensure fair opportunities during elections?
How does the Commission ensure fair opportunities during elections?
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In what manner can the Commission on Elections operate when handling election cases?
In what manner can the Commission on Elections operate when handling election cases?
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What is one duty of the Commission regarding elections?
What is one duty of the Commission regarding elections?
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What happens when foreign financial contributions are accepted by political parties?
What happens when foreign financial contributions are accepted by political parties?
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What is the term of office for the Chairman appointed to the Commission on Audit?
What is the term of office for the Chairman appointed to the Commission on Audit?
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Which of the following does the Commission on Audit NOT have the authority to examine?
Which of the following does the Commission on Audit NOT have the authority to examine?
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What is required for the Commission to adopt temporary audits?
What is required for the Commission to adopt temporary audits?
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How long must the Commission preserve the vouchers related to the government's accounts?
How long must the Commission preserve the vouchers related to the government's accounts?
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Which body has the exclusive authority to establish accounting and auditing rules?
Which body has the exclusive authority to establish accounting and auditing rules?
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What is the maximum term for the other Commissioner appointed on the Commission?
What is the maximum term for the other Commissioner appointed on the Commission?
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What type of expenditures does the Commission aim to prevent through its regulations?
What type of expenditures does the Commission aim to prevent through its regulations?
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What is the appointment condition for filling a vacancy on the Commission?
What is the appointment condition for filling a vacancy on the Commission?
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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
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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.
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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.
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Appointments: President appoints with Commission on Appointments confirmation.
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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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