Constitutional Commissions - Article 9 PDF

ARTICLE IX. CONSTITUTIONAL COMMISSIONS Presented by: Rowie Del Rosario Mae Anne Arrabes Anne Catherine Ecita Jennylyn Langcay OBJECTIVES 1. Explain the different Constitutional Commissions created in Article IX. 2. Discuss the compositions, appointments and qualification and terms of...

ARTICLE IX. CONSTITUTIONAL COMMISSIONS Presented by: Rowie Del Rosario Mae Anne Arrabes Anne Catherine Ecita Jennylyn Langcay OBJECTIVES 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. A. Common Provisions Why Independent? 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) 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. Section 1 The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit. 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 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. Section 3. Salaries The salary of the Chairman and the Commissioners shall be fixed by law and shall not be decreased during their tenure. 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. 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. 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. 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. Section 8. Each Commission shall perform such other functions as may be provided by law. B. Civil Service Commission Section 1 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 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. 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. 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. Appointments to civil service shall be: A. Competitive positions 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. 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. Section 3. 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. It shall 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. It shall submit to the President and the Congress an annual report on its personnel programs. Section 4. All public officers and employees shall take an oath or affirmation to uphold and defend this Constitution. Section 5. The Congress shall provide for the standardization of compensation of government officials and employees, including those in government- owned or controlled corporations with original charters, taking into account the nature of the responsibilities pertaining to, and the qualifications required for, their positions. 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. 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. 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 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 C. The Commission on Elections Section 1 (1) There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be Members of the Philippine Bar who have been engaged in the practice of law for at least ten years. (2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to a vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.  Section 2. The Commission on Elections shall exercise the following powers and functions : (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. Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable. (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, and registration of voters. (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 accredit citizens’ arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration. Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law. (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 election frauds, offenses, and malpractices. (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, offenses, 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. Section 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre-proclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc. Section 4. The Commission may, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges, or concessions granted by the Government or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, time and space, and the right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, honest, peaceful, and credible elections. Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission. Section 6. A free and open party system shall be allowed to evolve according to the free choice of the people, subject to the provisions of this Article. Section 6. A free and open party system shall be allowed to evolve according to the free choice of the people, subject to the provisions of this Article. Section 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this Constitution. Section 8. Political parties, or organizations or coalitions registered under the party-list system, shall not be represented in the voters’ registration boards, boards of election inspectors, boards of canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in accordance with law. Section 9 Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of the election and shall end thirty days after. Section 10. Bona fide candidates for any public office shall be free from any form of harassment and discrimination. Section 11. Funds certified by the Commission as necessary to defray the expenses for holding regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or special appropriations and, once approved, shall be released automatically upon certification by the Chairman of the Commission. D.Commission on Audit Section 1 (1) There shall be a Commission on Audit composed of a Chairman and two Commissioners, who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, certified public accountants with not less than ten years of auditing experience, or members of the Philippine Bar who have been engaged in the practice of law for at least ten years, and must not have been candidates for any elective position in the elections immediately preceding their appointment. At no time shall all Members of the Commission belong to the same profession. (2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, one Commissioner for five years, and the other Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity. Section 2. (1) The Commission on Audit 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, or any of its subdivisions, agencies, or instrumentalities, including government-owned and controlled corporations with original charters, and on a post-audit basis: (a) constitutional bodies, commissions and offices that have been granted fiscal autonomy under this Constitution; (b) autonomous state colleges and universities; (c) other government-owned or controlled corporations and their subsidiaries; and (d) such non-governmental entities receiving subsidy or equity, directly or indirectly, from or through the government, which are required by law or the granting institution to submit to such audit as a condition of subsidy or equity. However, where the internal control system of the audited agencies is inadequate, the Commission may adopt such measures, including temporary or special pre- audit, as are necessary and appropriate to correct the deficiencies. It shall keep the general accounts of the Government and, for such period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto. (2) The Commission shall have exclusive authority, subject to the limitations in this Article, to define the scope of its audit and examination, establish the techniques and methods required therefor, and 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. Section 3. No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit. Section 4. The Commission shall submit to the President and the Congress, within the time fixed by law, an annual report covering the financial condition and operation of the Government, its subdivisions, agencies, and instrumentalities, including government-owned or controlled corporations, and non-governmental entities subject to its audit, and recommend measures necessary to improve their effectiveness and efficiency. It shall submit such other reports as may be required by law. Thank You!