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Which of the following is NOT a power of the Commission on Human Rights?
Which of the following is NOT a power of the Commission on Human Rights?
The Commission on Human Rights can grant immunity from prosecution to individuals who provide evidence for their investigations.
The Commission on Human Rights can grant immunity from prosecution to individuals who provide evidence for their investigations.
True
What is one of the responsibilities of the Commission on Human Rights in aiding victims of human rights violations?
What is one of the responsibilities of the Commission on Human Rights in aiding victims of human rights violations?
Provide legal aid services
The Commission on Human Rights has the power to exercise _______ over detention facilities.
The Commission on Human Rights has the power to exercise _______ over detention facilities.
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Match the following powers/functions to the Commission on Human Rights:
Match the following powers/functions to the Commission on Human Rights:
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What is the term length for the Ombudsman and his Deputies?
What is the term length for the Ombudsman and his Deputies?
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The Ombudsman can run for any elected office immediately after their term ends.
The Ombudsman can run for any elected office immediately after their term ends.
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What must the Ombudsman do upon receiving a complaint?
What must the Ombudsman do upon receiving a complaint?
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The Ombudsman is responsible for investigating acts or omissions that appear to be ______, unjust, improper, or inefficient.
The Ombudsman is responsible for investigating acts or omissions that appear to be ______, unjust, improper, or inefficient.
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Which of the following powers does the Ombudsman have?
Which of the following powers does the Ombudsman have?
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Match the Ombudsman’s powers with their descriptions:
Match the Ombudsman’s powers with their descriptions:
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The Ombudsman can determine the causes of inefficiency in Government operations.
The Ombudsman can determine the causes of inefficiency in Government operations.
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The Ombudsman shall ____ public officials for inappropriate actions.
The Ombudsman shall ____ public officials for inappropriate actions.
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What is the maximum consequence of impeachment as outlined in the document?
What is the maximum consequence of impeachment as outlined in the document?
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The President has the authority to appoint the Ombudsman and his Deputies without confirmation.
The President has the authority to appoint the Ombudsman and his Deputies without confirmation.
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What is the minimum age requirement for the Ombudsman and his Deputies at the time of their appointment?
What is the minimum age requirement for the Ombudsman and his Deputies at the time of their appointment?
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The independent office created to oversee public officials in the Philippines is known as the Office of the __________.
The independent office created to oversee public officials in the Philippines is known as the Office of the __________.
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Match the following roles with their responsibilities:
Match the following roles with their responsibilities:
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What is the minimum requirement for the Ombudsman in terms of professional experience?
What is the minimum requirement for the Ombudsman in terms of professional experience?
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The Ombudsman is a naturalized citizen of the Philippines.
The Ombudsman is a naturalized citizen of the Philippines.
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What is the time frame within which any vacancy in the Office of the Ombudsman must be filled?
What is the time frame within which any vacancy in the Office of the Ombudsman must be filled?
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Study Notes
Article IX: Constitutional Commissions
- Independent Commissions: The Civil Service Commission, Commission on Elections, and Commission on Audit are independent constitutional commissions.
- Tenure Restrictions: Commission members cannot hold other offices or actively manage businesses that might be affected by their commission duties. They cannot be financially interested in government contracts or franchises.
- Salary: Salaries of commission chairpersons and members are fixed by law and cannot be reduced during their tenure.
- Appointments: Officials and employees are appointed by the commissions in accordance with the law.
- Fiscal Autonomy: Commissions have fiscal autonomy, meaning their approved annual budgets are automatically released.
- Rules of Procedure: Each commission can establish its own rules for proceedings, but these rules cannot affect or change existing rights.
- Decision Timeframes: Decisions on cases must be made within 60 days of submission. Appeals are possible to the Supreme Court within 30 days of decision receipt.
- Further Functions: Commissions can also perform other functions set by law.
Article IX-B: The Civil Service Commission
- Composition: The commission comprises a Chairman and two Commissioners, appointed by the President with Senate consent, for 7 years (no reappointment).
- Qualifications: Natural-born Filipino citizens. At least 35 years old at time of appointment. Proven capacity for public administration, no prior election candidacy.
- Appointment Terms: The first Chairman and Commissioners serve for different lengths (no reappointment). Vacancies filled only for remaining part of predecessor's term. No acting appointments.
- Civil Service Scope: The civil service includes the entire government, including government-owned/controlled corporations.
- Appointments by Merit: Appointments are based on merit and fitness, usually through competitive exams, except for confidential or policy positions.
- Removal Protection: Civil service employees can't be removed or suspended without cause.
- Political Neutrality: Civil service employees cannot participate in political campaigns.
- Employee Rights: Employees have the right to self-organization.
- Temporary Employees: Temporary employees have protections provided by law.
Article IX-C: The Commission on Elections
- Composition: Chairperson and six commissioners, natural-born Filipino citizens, 35 years or older, college degree, and not a candidate in the preceding election. At least half must have been practicing law for 10 years.
- Appointments: 7-year terms without reappointment. The initial appointees have differing terms (for 7, 5 and 3 years).
- Powers and Functions:
- Enforce election laws.
- Original jurisdiction over elections of regional, provincial, and city officials; appeals from trial courts decisions for municipal/barangay elections.
- Decide on election-related matters (not voting rights).
- Appointing election officials/inspectors/registrars.
- Deputizing law enforcement agencies for election security.
- Register political parties/organizations.
- Investigate and handle election fraud/offenses.
- Recommend measures to Congress on election spending
- Recommend disciplinary action to the President.
- Submit a comprehensive report on election procedures.
- Contests Resolution: Decisions considered final for municipal/barangay officials.
- Election Period: Election period begins 90 days before, ends 30 days after the election.
- Candidate Protections: Bona fide candidates are free from harassment.
- Campaign Financial Support: Expenses certified by the Commission for elections are released automatically within the appropriation.
Article IX-D: Commission on Audit
- Composition: Chairperson and two Commissioners who are natural-born citizens, at least 35 years old, CPAs with 10 years of audit experience, or members of the Bar with 10 years of experience.
- Appointments: Chairman and commissioners serve 7-year terms without reappointment; first appointees have different lengths.
- Powers and Duties:
- Audit all government funds/accounts/properties.
- Enforce and examine the scope, methods, and rules of accounting/auditing.
- Advise on expenditures/management of public funds.
- Preserving vouchers.
- Annual report to President and Congress.
- Exemptions: No government entity can be exempt from audit.
Article X: Local Government
- Subdivisions: Provinces, cities, municipalities, and barangays are the territorial political subdivisions.
- Autonomy: Local governments enjoy local autonomy governed by the Local Government Code.
- Congress Role: Congress enacts the Local Government Code, which details power distribution, local official qualifications, terms, powers, and other details of local administration.
- Supervision/Coordination: The President serves as general supervisor over local governments. Provinces supervise/coordinate component cities/municipalities, cities/municipalities oversee component barangays.
- Revenue Sources: Local governments can create their own revenue sources (levy taxes, fees, charges) within guidelines as set by Congress.
- National Tax Share: Local governments have a just share, determined by law, in national taxes.
- Equitable Share: Local governments have equitable share in the proceeds of national wealth within their jurisdictions.
Article XI: Accountability of Public Officers
- Public Trust: Public office is considered a public trust, meaning officers have accountability to the people, and must uphold integrity, loyalty, and responsibility.
- Impeachment Procedure: The House of Representatives can initiate impeachment proceedings against specific officials, including the President, Vice-President, Members of the Supreme Court, the Constitutional Commissions, and the Ombudsman.
- Removal Criteria: Impeachment is initiated for offenses such as violating the Constitution, treason, bribery, graft/corruption, high crimes, or betraying public trust.
- Removal Process:
- Verified Complaint: Complaint with endorsement by a Member of the House of Representatives or by any citizen (resolution).
- Impeachment Committee Report: Report within 60 days of the referral of the complaint to a Committee, that includes the resolution.
- Session Calendering: Resolution to be calendared for consideration by the House within 10 days,
- Senate Trial: Trial by the Senate to decide all impeachment cases. 2/3rds concurrence required.
- Removal from Office: Removal, disqualification to hold future office, but not complete immunity to legal repercussions.
- Ombudsman Office: Independent Office of the Ombudsman which carries oversight duties over government agencies and public officials.
Article XII: National Economy and Patrimony
- National Economic Goals: Equitable distribution of opportunities, income, wealth; increase in production; fostering productivity for common good.
- Land and Resources: All lands, waters, minerals, coal, petroleum, fisheries, and natural resources are owned by the state. Not for alienation.
- Agreements on Resources: States may engage in cooperation agreements with other entities (domestic/foreign) regarding utilization of resources.
Article XIII: Social Justice and Human Rights
- Social Justice: The State promotes social justice with an aim to reduce social disparities and ensure equitable distribution of wealth in society.
- Labor Rights: The State safeguards labor rights and encourages collective bargaining, worker security, work conditions, and living wages.
- Agrarian Reform: Agrarian reform to secure land ownership by farmers, farmworkers, and independent farmers/workers.
- Land Rights: Land and its resources to be used in accordance with law.
- Local Resources: Communities/individuals are to have access to and use local resources as provided.
- Urban Development/Housing: The State has a commitment in creating affordable housing, and improving urban life quality.
Article XIV: Human Rights
- Human Rights Commission: Independent office for issues regarding violations of human rights.
- Investigative/Corrective powers: Human Rights Commission investigate human rights violations (civil/political); implement appropriate solutions.
- Monitoring: Monitors compliance with international agreements regarding human rights.
- Immunities/Assistances: Assistance from government agencies/bureau of office, immunity from prosecution to persons giving evidence, etc.
- Other tasks: Further duties (e.g., research and education on human rights and recommendations to Congress).
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