Republic of the Philippines

BOHOL ISLAND STATE UNIVERSITY

Candijay Campus
Cogtong, Candijay, Bohol

Vision : A premier Science & Technology University for the formation of a world class and virtuous human
resource for sustainable development in Bohol and the country.
Mission : BISU is committed to provide quality and innovative education in strategic sectors for the
development of Bohol and the country.

COLLEGE OF ADVANCED STUDIES

ACTIVITY #8
School Laws and Legislation
Summer 2020

Masterand : KRISTINE MAE B. BUAL

Professor : ALLAN S. TIEMPO, Ph.D.

Date Submitted : JULY 21, 2020

Topic: Article IX of the Philippine Constitution (Constitutional Commissions)

1) What are the Constitutional Commissions created by the constitution?

 Civil Service Commission
 Commission on Elections
 Commission on Audit

2) How is the Civil Service Commission constituted, and what is the term of office of its Members?
 The Civil Service Commission was conferred the status of a department by Republic Act No. 2260
as amended and elevated to a constitutional body by the 1973 Constitution. It was reorganized
under PD No. 181 dated September 24, 1972, and again reorganized under Executive Order no.
181 dated November 21, 1986. With the new Administrative Code of 1987 (EO 292), the
Commission is constitutionally mandated to promote morale, efficiency, integrity, responsiveness,
progressiveness, and courtesy in the Civil Service.
 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 the first
appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and
another Commissioner for three years, without reappointment. Appointment to any 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.

3) What are the basic functions of the Civil Service Commission?

Under Executive Order No. 292, the Civil Service Commission shall perform the following
functions:
 Administer and enforce the constitutional and statutory provisions on the merit system for all levels
and ranks in the Civil Service;
 Prescribe, amend and enforce rules and regulations for carrying into effect the provisions of the
Civil Service Laws and other pertinent laws;
 Promulgate policies, standards and guidelines for the Civil Service and adopt plans and programs
to promote economical, efficient and effective personnel administration in the government;
  Formulate policies and regulations for the administration, maintenance and implementation of
position classification and compensation and set standards for the establishment, allocation and
reallocation of pay scales, classes and positions;
 Render opinion and rulings on all personnel and other Civil Service matters which shall be binding
on all head of departments, offices and agencies and which may be brought to the Supreme Court
on certiorari;
 Appoint and discipline its officials and employees in accordance with law and exercise control and
supervision over the activities of the Commission;
 Control, supervise and coordinate Civil Service examinations. Any entity or official in government
may be called upon by the Commission to assist in the preparation and conduct of said
examinations including security, use of buildings and facilities as well as personnel and
transportation of examination materials which shall be exempt from inspection regulations;
 Prescribe all forms for Civil Service examinations, appointment, reports and such other forms as
may be required by law, rules and regulations;
 Declare positions in the Civil Service as may properly be primarily confidential, highly technical or
policy determining;
 Formulate, administer and evaluate programs relative to the development and retention of qualified
and competent work force in the public service;
 Hear and decide administrative cases instituted by or brought before it directly or on appeal,
including contested appointments, and review decisions and action of its offices and of the agencies
attached to it. Officials and employees who fail to comply with such decisions, orders, or rulings
shall be liable for contempt of the Commission. Its decisions, orders or rulings shall be final and
executory. Such decisions, orders, or rulings may be brought to Supreme Court on certiorari by the
aggrieved party within thirty (30) days from receipt of the copy thereof;
 Issues subpoena and subpoena duces tecum for the production of documents and records
pertinent to investigations and inquiries conducted by it in accordance with its authority conferred by
the Constitution and pertinent laws;
 Advise the President on all matters involving personnel management in the government service and
submit to the President an annual report on the personnel programs;
 Take appropriate actions on all appointments and other personnel matters in the Civil Service
including extension of service beyond retirement age;
 Inspect and audit the personnel actions and programs of the departments, agencies, bureaus,
offices, local government including government-owned or controlled corporations; conduct periodic
review of the decisions and actions of offices or officials to whom authority has been delegated by
the Commission as well as the conduct of the officials and the employees in these offices and apply
appropriate sanctions whenever necessary.
 Delegate authority for the performance of any functions to departments, agencies and offices where
such functions may be effectively performed;
 Administer the retirement program of government officials and employees, and accredit government
services and evaluate qualification for retirement;
 Keep and maintain personnel records of all officials and employees in the Civil Service; and
 Perform all functions properly belonging to a central personnel agency such as other functions as
may be provided by law.

4) What are the basic functions of the Commission on Election?

 The Commission on Elections shall exercise the following powers and functions:
 Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.
  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.
 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.
 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.
 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.
 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.
 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 candidacies.
 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.
 Submit to the President and the Congress, a comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall.

5) How is the Commission on Audit constituted and what is the term of office of its Members?
 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 any 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.

6) What are the basic functions of the Commission on Audit?

 Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.
 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.
 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.
 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.
 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.
 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.
 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.
 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.
 Submit to the President and the Congress, a comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall.

7) Cite some of the guarantees of independence for the Constitutional Commission.

 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. No member of a Constitutional Commission shall, during his tenure, hold any other
office or employment. Neither shall he engage in the practice of any profession or in the active
management or control of any business which, in any way, may be affected by the functions of his
office, nor shall he be financially interested, directly or indirectly, in any contract with, or in any
franchise or privilege granted by the Government, any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations or their subsidiaries.
 Section. 3. 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. Each Commission en banc may promulgate its own rules concerning pleadings and
practice before it or before any of its offices. Such rules, however, shall not diminish, increase, or
modify substantive rights.
  Section 7. Each Commission shall decide by a majority vote of all its Members, any case or matter
brought before it within sixty days from the date of its submission for decision or resolution. A case
or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or
memorandum required by the rules of the Commission or by the Commission itself. Unless
otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission
may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from
receipt of a copy thereof.
 Section 8. Each Commission shall perform such other functions as may be provided by law.

8) What is the legal basis (article, Section and Paragraph) in the 1987 Philippine Constitution that the
COA is mandated to promulgate accounting and auditing rules and regulations, including those for the
prevention and disallowance of irregular, unnecessary, excessive, extravagant, illegal, or
unconscionable expenditures, or uses of government funds and properties?
 1987 Philippine Constitution: Article IX-D The Commission On Audit, Section 2, Paragraph 2.

9) Who are the current Chairmen of the three (3) Constitutional Commissions?
 Civil Service Commission (CSC) – Chairperson Alicia Dela Rosa-Bala
 Commission on Elections (COMELEC) – Chairperson Sheriff M. Abas
 Commission on Audit (COA – Chairperson Michael G. Aguinaldo

10) Discuss and give example each of the COA rules on the prevention of IUEEU expenditures or uses of
government funds and properties.
 R.A No. 6758 dated August 21, 1989. An act prescribing a revised compensation and position
classification system in the government and for other purposes.
All government personnel shall be paid just and equitable wages; and while pay distinctions must
necessarily exist in keeping with work distinctions, the ratio of compensation for those occupying higher
ranks to those at lower ranks should be maintained at equitable levels, giving due consideration to
higher percentage of increases to lower level positions and lower percentage increases to higher level
positions.
 DBM BC No. 10 dated March 29, 1996. Prescribing and updating the guidelines and procedures
on the rendition of overtime services with pay of government personnel.
The rendition of overtime services shall be authorized only when extremely necessary, such as when a
particular work or activity cannot be completed within the regular work hours and that non-completion of
the same will: a) cause financial loss to the government or its instrumentalities; b) embarrass the
government due to its inability to meet its commitments; or c) negate the purposes for which the work or
activity was conceived.
 E.O No. 366 dated October 4, 2004. Directing a strategic review of the operations and
organizations of the executive branch and providing options and incentives for government
employees who maybe affected by the rationalization of the functions and agencies of the executive
branch.
Retirement gratuity provided under RA 1616 (An Act Further Amending Section Twelve of
Commonwealth Act Numbered One Hundred Eighty-Six, as Amended, Prescribing Two Other Modes of
Retirement and for Other Purposes), as amended, payable by the last employer of the affected
personnel, plus the refund of retirement premiums payable by the Government Service Insurance
System (GSIS), without the incentive herein provided.
 DBM BC No. 2010 -1 dated April 28, 2010. Rules and regulations on the grant of the year-end
bonus and cash gift for FY 2010 and years thereafter.
The Year-End Bonus equivalent to one (1) month basic pay as of October 31 of the year and the Cash
Gift at P5, 000 shall be granted to each personnel who has rendered at least a total or an aggregate of
four (4) months of service from January 1 to October 31 of the year, including leaves of absence with
pay, and who is still in the service as of October 31 of the same year.