Beruflich Dokumente
Kultur Dokumente
Decisions
A9 (CP)/S7
- Decisions made within 60 days from
submission for decision by a majority of all
members
- Any decision may be brought to the SC on
certiorari within 30 days from receipt
CIVIL SERVICE COMMISSION A9 (CSC)
Composition
A9 (CSC)/S1/P1
Civil Service Commission (CSC)
- Administers civil service
- Composed of chairman and two
commissioners
o Natural-born Filipino citizens
o At least 35 years old at the time of
appointment
o With proven capacity for public
administration
o Not candidates for any elective
position
in
the
elections
immediately before appointment
officials,
employees
A9 (CP)/S5
Fiscal autonomy
Automatic and regular release of approved annual
appropriations
A9 (CP)/S6
Rule-making power
- Concomm can promulgate rules re:
pleadings and practice it before its offices
- Rules cannot modify substantive rights
A9 (CP)/S8
Performance of other functions
Appointments
A9 (CSC)/S1/P2
- Chairman, commissioners appointed by
President
- Needs consent of Commission on
Appointments
- Term = 7 years without reappointment
- For those first appointed
o Chairman 7 years
o Commissioner 5 years
o Another Commissioner 3 years
- Appointment to any vacancy only for
unexpired term
- No temporary appointment or designation
Cuevas v. Bacal (2000)
Unless an employee is appointed to a
particular office or station, he can claim no
security of tenure in respect of any office.
Gaminde v. COA (2000)
The appropriate starting point of the terms
of office of the first appointees to the
Constitutional Commissions under the
1987 Constitution must be on February
02, 1987, the date of the adoption of the
1987 Constitution. In case of a belated
Functions
A9 (CSC)/S3
CSC as central personnel agency
- Establishes career service
- Adopts measures to promote morale,
efficiency, etc. in the civil service
- Strengthens merits and rewards system
- Integrates HRD programs for all ranks,
levels
- Institutionalizes
management
climate
conducive to public accountability
- Submits to President and Congress an
annual report on personnel programs
Oath
A9 (CSC)/S4
All public employees shall take an oath, affirmation
to uphold, defend Constitution
Standardization of compensation
A9 (CSC)/S5
Congress provides for the standardization of
compensation of government employees
Prohibitions
A9 (CSC)/S6
No candidate who lost in an election shall be
appointed to any government office within one
year after such election
A9 (CSC)/S7
- No elective official is eligible for
appointment or designation to any public
office during tenure
- No appointive official can hold any other
government position
A9 (CSC)/S8
No elective or appointive employee shall
- Receive additional, double, indirect
compensation unless authorized by law
[Pensions, gratuities not considered as
under these kinds of compensation]
- Accept any present, emolument, office,
title from any foreign government without
Congress consent
ON
ELECTIONS
A9
Composition
A9 (COMELEC)/S1/P1
Commission on Elections (COMELEC)
- Chairman and 6 commissioners
o Natural-born Filipino citizens
o At least 35 years old at the time of
appointment
o Holders of college degree
o Not candidates for any elective
position in the immediately
preceding elections
o Majority including Chairman must
be practicing lawyers for at least
10 years
e. Recall
2. Exercise of jurisdiction over contests
relating to ERQ
a. Exclusive original jurisdiction
i. Elective regional,
provincial, city officials
b. Appellate jurisdiction
i. Elective municipal officials
ii. Elective barangay officials
3. Decisions, final orders, or rulings on
election contests re: elective municipal
and barangay offices final, executory, not
appealable
Decide all questions affecting elections
a. Determination of the number and
location of polling places
b. Appointment of election officials
and inspectors
c. Registration of voters
d. EXCEPT questions involving right
to vote
4. Deputize law enforcement agencies and
instrumentalities (including AFP) with the
concurrence of the President, for the
exclusive purpose of ensuring free,
orderly, peaceful elections
Appointments
A9 (COMELEC)/S1/P2
- Chairman, commissioners appointed by
President
- Needs consent of Commission on
Appointments
- Term = 7 years without reappointment
- For those first appointed
o 3 members 7 years
o 2 members 5 years
o Last 2 members 3 years
- Appointment to any vacancy only for
unexpired term
- No temporary appointment or designation
Powers and functions
A9 (COMELEC)/S2
1. Enforce, administer laws and regulations
relative to the conduct of
a. Election
b. Plebiscite
c. Initiative
d. Referendum
A9 (COMELEC)/S4
During election period, COMELEC may supervise
/ regulate enjoyment of franchises or permits for
the operation of:
- Transportation, public utilities
- Media of communication or information
- Grants, special privileges, concessions
granted by government
Supervision / regulation aims to ensure equal
opportunity time, space, right to reply for public
information campaigns and forums among
candidates
UNIDO v. COMELEC (1981)
COMELEC has the power to supervise
and regulate the mass media in such
respect, but such authority arises only
when there is a showing that any sector or
member of the media has denied to any
party or person the right to which it or he is
entitled.
Pardon for violation of election laws
A9 (COMELEC)/S5
President cannot grant the following for violation of
election
laws
without
COMELECs
recommendation:
- Pardon
- Amnesty
- Parole
- Suspension of sentence
Party system
A9 (COMELEC)/S6
Free and open party system allowed to evolve
according to peoples free choice
Election cases
A9 (COMELEC)/S3
- En banc or in 2 divisions in promulgating
rules of procedures to expedite disposition
of election cases
- Election cases heard, decided in division
- MfR decided by COMELEC en banc
A9 (COMELEC)/S7
Only those votes cast in favor of political parties,
organizations, coalitions registered under party-list
system are valid
A9 (COMELEC)/S8
Political
parties,
organizations,
coalitions
registered under party-list system not represented
in the following:
1. Voters registration boards
2. Board of election inspectors
3. Boards of canvassers
They are entitled to appoint poll watchers
Elections
A9 (COMELEC)/S9
Election period begins 90 days before election day
and ends 30 days after
Sanchez v. COMELEC (1982)
The Court upheld the power and
prerogative of the COMELEC to annul an
election where the will of the voters has
been defeated, as well as to call for a
special
election
where
widespread
terrorism, whether before or after election,
has been proven resulting in a failure to
elect, without need of recourse to the
President and the Batasang Pambansa for
the enactment of remedial legislation.
A9 (COMELEC)/S10
Candidates for public office shall be free from
harassment and discrimination
Appropriation of funds
A9 (COMELEC)/S11
- Funds necessary to defray expenses for
holding elections, plebiscites, initiatives,
referenda, recalls provided in the regular /
special appropriations
- Upon approval, automatic release upon
certification of COMELEC chair
Liga ng mga Barangay v. COMELEC (1994)
While COMELEC answers for all
expenditures relative to political exercises
of the province, city and municipality, local
governments are mandated to share in the
expenses of the election for barangay
officials through appropriation of funds for
the purpose.
Other
government-owned
or
controlled
corporations
and
subsidiaries
o Non-governmental entities
receiving subsidy or equity from or
through the Government, which
are required by law or granting
institution to submit to audit as a
condition of subsidy or equity
Adopt measures as are necessary to
correct deficiencies where the internal
control system of the audited agencies is
inadequate
Keep the general accounts of the
Government
A9 (COA)/S2/P2
COA has exclusive authority
- Define scope of its audit and examination
- Establish
techniques
and
methods
required
- Promulgate accounting and auditing rules
and regulations
A9 (COA)/S3
No law shall be passed exempting any
government entity or any investment of public
funds from COAs jurisdiction
A9 (COA)/S4
- COA submits to President and Congress
an annual report covering governments
financial condition and operation
- COA recommends measures to improve
effectiveness and efficiency