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Article IX

Constitutional Commissions

Prepared by:
Agsoy Rechell BSED IV-HET
A.Common Provisions
Section 1:The Constitutional Commissions ,which
shall be independent are the:

1.Civil Service Commission

2.Commission on Election

3.Commision on Audit
There are some constitution that provides specific protection
mechanism to their independence.These are:

1.The CSC,COA,COMELEC are the creations of the


constitution and may not be abolished by ordinary law.
2. The powers of these bodies are conferred by the
Constitution and may not be withdrawn or decreased by
law.
3.The chairs and members of the Constitutional
Commissions enjoy security of tenure and may not be
removed from office except by impeachment.
4.The salaries of the chairs and members of
the Constitutions may not be decreased
during their continuance in office.

5.The CSC ,COA and COMELEC enjoy fiscal


autonomy.
6.Each Constitutional Commission may
promulgate it’s own rules of procedures.

7.The Constitutional Commissions appoint


their officers and employees subject to the
CSC law.
Section 2:
No Member of a Constitutional Commission shall
,during his lenure ,hold any other office or employment.
The members of the Constitutional Commissions are
subjects to the same disqualification of the President and Vice
President.
Section 3:
The salary of the Chairman and the Commissioners
shall be fixed by law and shall not be decreased during their
tenure.
The constitution prohibits a decrease i the salaries of
Members of the Constitutional Commissions during their
continuance in office. Any diminution of their salaries can
determine their independence.
Section 4:
The Constitutional Commission shall appoint their
officials and employees in accordance with the 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 it’s own
rules concerning pleading and practice before it or before any
of it’s officers.
Section 7:
Each Commission shall decide by a majority vote of all
its Members any case of matter brought before I within sixty
days from the date of its submission for decision or resolution.
Section 8:
Each Commission shall perform such functions as may
provided by law.

RENDITION OF JUDGMENT OF CASES


BROUGHT BEFORE THE COMMISSION
Resolution must be made within 60 days from the date
of its submission for decision except in some cases
,appeal on such decision can be brought before the
Supreme Court on certiorari by the aggrieved party
within 30 days from receipt of dcisions.
B. The Civil Service Commission
Section 1:
1.)The civil service shall be administered by the
Civil Service Commission 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 ,with
proven capacity of public administration and must not
have been candidates for any elective position in the
election immediately proceeding their appointment.
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.
the Civil Service Commission constitutional status would minimize
political interference in public personal management.

QUALIFICATIONS
1.At least 35 years of age
2.Natural –born filipino citizen
3.With proven capacity for public administration
4.Must not be a candidate for elective position in the immediately
preceding election.
Appointment and Term of Office
A .Members are appointed by the President with the consent of the
Commission on Appointments
B.The term of Office is 7 years without reappointment.
C.Those first appointed shall have staggered term of 7,5,3
D.Appointmenr to any vacancy shall only be for the remaining term of
predecessor.
E.The Congress shall provide for the standardization of salaries taking
into account the nature of responsibilities and qualification.
F.Candidates who lost in election shall not be appointed to any office
within one year after such election.
Section 2.(1)The civil services all branches
,subdivisions,instrumentalities,and agencies of the
Government,including government –owned or controlled
corporations with original characters.
(2)Appointments in the civil service shall be made only
according to the merit and fitness to be determined ,as far as
practicable ,and except to positions which are policy-
determining ,primarily confidential ,or highly technical,by
competitive examination.
(3)No officer or employee of the civil service shall be removed
or suspended except for cause provided by law.
(4)No office or employee of the civil service shall engage
,directly or indirectly,in any electioneering or partisan political
campaign .
(5)The right of self –organization shall not be denied to
government employees.
(6)Temporary employees of the Government shall be given such
protection as may provided by law.
Section 3.The Civil Service Commission ,as the central
personnel agency of the Government ,shall establish a carreer
service and adopt measure to promote morale ,efficiency
,integrity,responsiveness,progressiveness ,and courtesy in the
civil service
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 character ,taking into account the nature of the
responsibilities pertaining to,and the qualifications required for
their positions.
Section 6.No candidate who has lost in any election shall,with
in one year after such election,be appointed to any office in
the Government or any government-owned or controlled
corporations or in any of its subsidiaries.
Section 7.No elective official shall be eligible for appointment or
designation in any capacity to any public office or position during his
tenure .
Section 8.No elective or appointive public officer or employee shall
receive additional ,double,or indirect compensation ,unless
specifically authorized by law,nor accept without the consent of the
Congress,any present ,emolument,office or title of any kind from any
foreign government.

SCOPE OF THE CIVIL SERVICE COMMISSION


It covers every branch of government ,including government owned
or controlled corporations with original characters.

Positions included in thr career service are:


1.Open career positions for appointment to which prior qualification
in an appropriate examination is required .
2 .Closed career positions ,which are scientific in nature these
include the faculty and academic staff of state universities and
colleges,and scientific and technical positions in scientific or research
institutions ,which shall be establish and maintain their own merit
system.
3.Position in the Career Executive Service namely Undersecretary
,Assistant Secretary ,Bureau Director,Assistant Bereau ,Regional
Director,Chief of Department Service and other officers of equivalent
rank as may be identified by the Career Executives Service Board are
appointed by the President of the Philippines .
4.Career officers,other than those in the Career Executive
Service,who are appointed by the President,such as the Foreign
Service Officers in the Department of Foreign Affairs
5.Commissioned officers and enlisted men of the Armed Force
,which shall maintain a separate merit system.
6.Personnel of government -owned or controlled corporations,whether
performing governmental or proprietary (business)functions,who do
not fallmunder rhe non -career service.
7.Permanent laborers ,whether skilled ,semi-skilled or un-skilled.
Security of Tenure
Officers and employees of the Civil srvice enjoy security of tenure.Fir
which reasons none of them may be suspended or dismissed from
servixe for cause provided by law.
The following are some of th e grounds for the discipline of civil
servants..
(1)Dishonesty,oppression ,or misconduct
(2)Habitual drunken mess
(3)Neglect of duty
(4)Disgraceful or immoral conduct
(5)Being notoriously undesirable.
(6)Physical or mental incapacity
(7)Frequent absences or tardiness
(8)Inefficiency and incompetence in the performance of official duties.
(9)Insubordation
(10)Lending money at luxurious rates interests.
(11)Willful refusal to pay just debts
(12)Pursuit of private business ,vocation or profession without securing
the permission required
(13)Nepotism
(14)Discoutesy in the course of official duties
(15)Conviction of a crime involving moral turpitude
(16)Bribery
(17)Gambling prohibited by law and others

PROHIBITION AGAINST PARTISAN POLITICAL ACTIVITY


The prohibitions seek to achieve two purpose namely to prevent the members of the
Civil service ftomusing the resources of the government to suppprt their
candidates;and to shield from winning candidates they have not supported.

RIGHT TO SELF ORGANIZATION


The Constitution guarantees government employees the right of self -organization..A
parallel provision in thr Bill of Rights (Sec.8) grants government employees the right
to form unions,associations ,or societies for purposes not contrary to law.

STANDARDIZATION OF COMPENSATION
The Constitution (Sec.5,Art 1X)directs the Congress to provide for the
standardization of compensation of government officials and employees with the
end in view of solving problems arising from salary disparities .Pursuant to this
constitutional mandate ,the Congress,on July 24,1989 passed R.A..No.6758
prescribing a revised compensation and positions classification system,as provided in
P.D.No.985 ,as mended.
Prohibition Against Double Compensation
Public officers or employees whether elective or appointive are prohibited from receiving
additional,double ,or indirect compensation (Sec .8,Art 1X-B.

OATH
The oath is made before any officer or employee authorized to administer oath.

THE COMMISSION ON ELECTION


Section 1.(1)There shall be a Commission on Elections Composed of a Chairman and six Commissioners
who shall be natural-born citizen of the Philippines and,at the time of their appointment ,atleast 35 years
of age ,holders of a college degree ,and must not have been candidates for any elective position in the
immediately preceding elections.
(2)The Chairman and the Commissioners shall be appointed by the President with the consent of the
Commission on Appointment for a term of seven years without reappointment.
COMPOSITION
1 Chairman
6 Commissioners
Qualifications
1.Natural-born citizen if the Philippines
2.At least 35 years of age
3.Holder of a college degree
4.Must not be a candidate for elective position in the immediately preceding election
5.Majority of them,including the chairman ,must be members of the Philippine Bar and have engaged in
the practice of law in the Philippines for at least years.
TENURE AND APPOINTMENT
1.The members shall be appointed by the President for a term of 7 years without reappointment.
2.Those first appointed shall have staggered term of 7,5,and 3.
Section2.
The Commission on Elections shall exercise the following power 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 contest relating to the
elections,elections,returns,and qualifications of all elective regional,provincial ,and city
officials,and appellate jurisdiction over all contest involving involving elective municipal
officials decided by trial courts of limited jurisdiction.
(3)Decide,except those involving the right to vote,all questions affecting election
,including determination of all number and location of polling places,appointment of
electionofficials and inspectors ,and registration of the voter’s
(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 other requirements,must present their platform or program of government ;and
accredit citizens at na of the Commission on Elections.
(6)File ,iipon a verified complaint ,or on its own initiative petitions on court for inclusion
or exclusion of voters investigate and ,where appropriate prosecute cases of violations on
election laws,including arts or omisions constituting election frauds,offenses ,and
malpractices.
(7)Recommended 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)Recommended to the President the removal of any officer or employee it has
deputized,or the imposition of other disciplinary action ,for violation or disregard of,or
disobedience to its directive,order ,or decision .
Section 3.The Commission on Election may sit an band or in two
divisions,and shall.promulgate it’s rule of procedure in order to
expedite disposition of election cases ,including preproclamation
controversies .
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 it’s subsidy.
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 the Article.
Section 8.Political parties ,or organization or coalitions registers under
the party –list system ,shall not be represented in the voter‘s
registration boards,boards of inspectors,boards of canvassers,or other
similar bodies.
Section 9.Unless otherwise fixed Hythe Commission in special
cases,the election period shall commence ninety days before the day
of elections and shall end thirty days thereafter.
Section 10.Bona fide candidates for any public office shall be free
from any form of harassmemt and discrimination.
Section 11.Funds certified by the Commission as necessary to defray
the expenses for holding regular and special elections
,plebiscite,initiatives referenda,and recall,shall be provided in the
regular or special appropriations and,once approved ,shall be released
automatically upon certification by the Chairman of the Commission.
COVERAGE OF THE ELECTION PERIOD
The election period prescribe by the constitutional shall
commence 90 days before the days of election(national or local)and
shall end 30 days thereafter.

COVERAGE OF THE CAMPAIGN PERIOD


The election period is not the same as campaign period. The
former includes the 30 days after the election while the latter can
only be for a maximum of 90 days part of which is intended for the
Commission to prepare for the election ,the printing and distribution
of forms , appointment of members in the registration boards,and
other preparatory acts.
THANK YOU FOR LISTENING AND HAVE A GOOD DAY EVERYONE !!!

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