Sie sind auf Seite 1von 31

The Constitution of the Philippines (Filipino: Saligang Batas ng Pilipinas) is the supreme law of the Philippines.

The Constitution currently in effect was enacted in 1987, during the administration of President Corazon C. Aquino, and is popularly known as the "1987 Constitution".[1] Philippine constitutional lawexperts recognise three other previous constitutions as having effectively governed the country the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution.[2][3] Constitutions for the Philippines were also drafted and adopted during the short-lived governments of PresidentsEmilio Aguinaldo (1898) and Jos P. Laurel (1943). Background of the 1987 Constitution In 1986, following the People Power Revolution which ousted Ferdinand E. Marcos as president, and following on her own inauguration, Corazon C. Aquino issued Proclamation No. 3, declaring a national policy to implement the reforms mandated by the people, protecting their basic rights, adopting a provisional constitution, and providing for an orderly transition to a government under a new constitution.[4] President Aquino later issued Proclamation No. 9, creating a Constitutional Commission (popularly abbreviated "Con Com" in the Philippines) to frame a new constitution to replace the 1973 Constitution which took effect during the Marcos martial law regime. Aquino appointed 50 members to the Commission. The members of the Commission were drawn from varied backgrounds, including several former congressmen, a former Supreme Court Chief Justice (Roberto Concepcin), a Catholic bishop (Teodoro Bacani) and film director (Lino Brocka). Aquino also deliberately appointed 5 members, including former Labor Minister Blas Ople, who had been allied with Marcos until the latter's ouster. After the Commission had convened, it elected as its president Cecilia Muoz-Palma, who had emerged as a leading figure in the anti-Marcos opposition following her retirement as the first female Associate Justice of the Supreme Court. The Commission finished the draft charter within four months after it was convened. Several issues were heatedly debated during the sessions, including on the form of government to adopt, the abolition of the death penalty, the continued retention of the Clark and Subic American military bases, and the integration of economic policies into the Constitution. Brocka would walk out of the Commission before its completion, and two other delegates would dissent from the final draft. The ConCom completed their task on 12 October 1986 and presented the draft constitution to President Aquino on October 15, 1986. After a period of nationwide information campaign, a plebiscite for its ratification was held on February 2, 1987. More than three-fourths of all votes cast, 76.37% (or 17,059,495 voters) favored ratification as against 22.65% (or 5,058,714 voters) who voted against ratification. On February 11, 1987, the new constitution was proclaimed ratified and took effect. On that same day, Aquino, the other government officials, and the Armed Forces of the Philippines pledged allegiance to the Constitution.[5] Parts of the 1987 Constitution The Constitution is divided into 18 parts, excluding the Preamble, which are called Articles. The Articles are as follows: Article I - National Territory

Article II - Declaration of Principles and State Policies Article III - Bill of Rights Article IV - Citizenship Article V - Suffrage Article VI - Legislative Department Article VII - Executive Department Article VIII - Judicial Department Article IX - Constitutional Commission Article X - Local Government Article XI - Accountability of Public Officers Article XII - National Economy and Patrimony Article XIII - Social Justice and Human Rights Article XIV - Education, Science and Technology, Arts, Culture and Sports Article XV - The Family Article XVI - General Provisions Article XVII - Amendments or Revisions Article XVIII - Transitory Provisions [edit]Preamble of the 1987 Constitution The Preamble reads: Premble We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.[1] Significant features of the 1987 Constitution

The Constitution establishes the Philippines as a "democratic and republican State", where "sovereignty resides in the people and all government authority emanates from them". (Section 1, Article II) Consistent with the doctrine of separation of powers, the powers of the national government are exercised in main by three branches the executive branch headed by the President, the legislative branch composed of Congress and the judicial branch with the Supreme Court occupying the highest tier of the judiciary. The President and the members of Congress are directly elected by the people, while the members of the Supreme Court are appointed by the President from a list formed by the Judicial and Bar Council. As with the American system of government, it is Congress which enacts the laws, subject to the veto power of the President which may nonetheless be overturned by a two-thirds vote of Congress (Section 27(1), Article VI). The President has the constitutional duty to ensure the faithful execution of the laws (Section 17, Article VII), while the courts are expressly granted the power of judicial review (Section 1, Article VIII), including the power to nullify or interpret laws. The President is also recognized as the commander-in-chief of the armed forces (Section 18, Article VII). The Constitution also establishes limited political autonomy to the local government units that act as the municipal governments for provinces, cities, municipalities, and barangays. (Section 1, Article X) Local governments are generally considered as falling under the executive branch, yet local legislation requires enactment by duly elected local legislative bodies. The Constitution (Section 3, Article X) mandated that the Congress would enact a Local Government Code. The Congress duly enacted Republic Act No. 7160, The Local Government Code of 1991, which became effective on 1 January 1992.[6] The Supreme Court has noted that the Bill of Rights "occupies a position of primacy in the fundamental law".[7] The Bill of Rights, contained in Article III, enumerates the specific protections against State power. Many of these guarantees are similar to those provided in the American constitution and other democratic constitutions, including the due processand equal protection clause, the right against unwarranted searches and seizures, the right to free speech and the free exercise of religion, the right against self-incrimination, and the right tohabeas corpus. The scope and limitations to these rights have largely been determined by Philippine Supreme Court decisions. Outside of the Bill of Rights, the Constitution also contains several other provisions enumerating various state policies including, i.e., the affirmation of labor "as a primary social economic force" (Section 14, Article II); the equal protection of "the life of the mother and the life of the unborn from conception" (Section 12, Article II); the "Filipino family as the foundation of the nation" (Article XV, Section 1); the recognition of Filipino as "the national language of the Philippines" (Section 6, Article XVI), and even a requirement that "all educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors." (Section 19.1, Article XIV) Whether these provisions may, by themselves, be the source of enforceable rights without accompanying legislation has been the subject of considerable debate in the legal sphere and within the Supreme Court. The Court, for example, has ruled that a provision requiring that the State "guarantee equal access to opportunities to public service" could not be enforced without accompanying legislation, and thus could not bar the disallowance of so-called "nuisance candidates" in presidential elections.[8] But in another case, the Court held that a provision requiring that the State "protect and advance the right of the

people to a balanced and healthful ecology" did not require implementing legislation to become the source of operative rights.[9] Historical constitutions Constitution of Biak-na-Bato (1897) The Katipunan revolution led to the Tejeros Convention where, at San Francisco de Malabn, Cavite, on 22 March 1897, the first presidential and vice presidential elections in Philippine history were held although only the Katipuneros (members of the Katipunan) were able to take part, and not the general populace. A later meeting of the revolutionary government established there, held on 1 November 1897 at Biak-na-Bato in the town of San Miguel de Mayumo in Bulacn, established the Republic of Biak-naBato. The republic had a constitution drafted by Isabelo Artacho and Flix Ferrer and based on the first Cuban Constitution.[10] It is known as the "Constitucin Provisional de la Repblica de Filipinas", and was originally written in and promulgated in the Spanish and Tagalog languages.[11] Malolos Constitution (1899) The Malolos Constitution was the first republican constitution in Asia.[12] It declared that sovereignty resides exclusively in the people, stated basic civil rights, separated the church and state, and called for the creation of an Assembly of Representatives to act as the legislative body. It also called for a Presidential form of government with the president elected for a term of four years by a majority of the Assembly.[13] It was titled "Constitucin poltica", and was written in Spanish following the declaration of independence from Spain,[14] proclaimed on January 20, 1899, and was enacted and ratified by the Malolos Congress, a Congress held in Malolos, Bulacan.[15][16] The Preamble reads: "Nosotros los Representantes del Pueblo Filipino, convocados legtimamente para establecer la justicia, proveer a la defensa comn, promover el bien general y asegurar los beneficios de la libertad, implorando el auxilio del Soberano Legislador del Universo para alcanzar estos fines, hemos votado, decretado y sancionado la siguiente"

(We, the Representatives of the Filipino people, lawfully covened, in order to establish justice, provide for common defense, promote the general welfare, and insure the benefits of liberty, imploring the aid of the Sovereign Legislator of the Universe for the attainment of these ends, have voted, decreed, and sanctioned the following) [edit]Acts of the United States Congress The Philippines was a United States Territory from 10 December 1898 to 24 March 1934.[17] As such, the Philippines was under the jurisdiction of the federal government of the United States during this period. Two acts of the United States Congress passed during this period can be considered Philippine

constitutions in that those acts defined the fundamental political principles, and established the structure, procedures, powers and duties, of the Philippine government. The Philippine Organic Act of 1902, sometimes known as the "Philippine Bill of 1902", was the first organic law for the Philippine Islands enacted by the United States Congress. It provided for the creation of a popularly elected Philippine Assembly, and specified that legislative power would be vested in a bicameral legislature composed of the Philippine Commission (upper house) and the Philippine Assembly (lower house). Its key provisions included a bill of rights for the Filipinos and the appointment of two non-voting Filipino resident commissioners to represent the Philippines in the United States Congress. The Philippine Autonomy Act of 1916, sometimes known as "Jones Law", modified the structure of the Philippine government by removing the Philippine Commission as the legislative upper house, replacing it with a Senate elected by Filipino voters. This act also explicitly stated that it was and had always been the purpose of the people of the United States to withdraw their sovereignty over the Philippine Islands and to recognise Philippine independence as soon as a stable government can be established therein. Though not a constitution itself, the TydingsMcDuffie Act of 1934 provided authority and defined mechanisms for the establishment of a formal constitution via a constitutional convention. [edit]Commonwealth and Third Republic (1935) The 1935 Constitution was written in 1934, approved and adopted by the Commonwealth of the Philippines (19351946) and later used by the Third Republic of the Philippines (19461972). It was written with an eye to meeting the approval of the United States Government as well, so as to ensure that the U.S. would live up to its promise to grant the Philippines independence and not have a premise to hold onto its possession on the grounds that it was too politically immature and hence unready for full, real independence. The Preamble reads: "The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and secure to themselves and their posterity the blessings of independence under a regime of justice, liberty, and democracy, do ordain and promulgate this constitution."

The original 1935 Constitution provided for unicameral National Assembly and the President was elected to a six-year term without re-election. It was amended in 1940 to have a bicameral Congress composed of a Senate and House of Representatives, as well the creation of an independent electoral commission. The Constitution now granted the President a four-year term with a maximum of two consecutive terms in office.

A Constitutional Convention was held in 1971 to rewrite the 1935 Constitution. The convention was stained with manifest bribery and corruption. Possibly the most controversial issue was removing the presidential term limit so that Ferdinand E. Marcos could seek election for a third term, which many felt was the true reason for which the convention was called. In any case, the 1935 Constitution was suspended in 1972 with Marcos' proclamation of martial law, the rampant corruption of the constitutional process providing him with one of his major premises for doing so. [edit]Second Republic (1943) The 1943 Constitution was drafted by a committee appointed by the Philippine Executive Commission, the body established by the Japanese to administer the Philippines in lieu of the Commonwealth of the Philippines which had established a government-in-exile. In mid-1942 Japanese PremierHideki Tj had promised the Filipinos "the honor of independence" which meant that the commission would be supplanted by a formal republic. The Preparatory Committee for Philippine Independence tasked with drafting a new constitution was composed in large part, of members of the prewar National Assembly and of individuals with experience as delegates to the convention that had drafted the 1935 Constitution. Their draft for the republic to be established under the Japanese Occupation, however, would be limited in duration, provide for indirect, instead of direct, legislative elections, and an even stronger executive branch. Upon approval of the draft by the Committee, the new charter was ratified in 1943 by an assembly of appointed, provincial representatives of the Kalibapi, the organization established by the Japanese to supplant all previous political parties. Upon ratification by the Kalibapi assembly, the Second Republic was formally proclaimed (19431945). Jos P. Laurel was appointed as President by the National Assembly and inaugurated into office in October 1943. Laurel was highly regarded by the Japanese for having openly criticised the US for the way they ran the Philippines, and because he had a degree from Tokyo International University. The 1943 Constitution remained in force in Japanese-controlled areas of the Philippines, but was never recognized as legitimate or binding by the governments of the United States or of the Commonwealth of the Philippines and guerrilla organizations loyal to them. In late 1944, President Laurel declared a state of war existed with the United States and the British Empire and proclaimed martial law, essentially ruling by decree. His government in turn went into exile in December, 1944, first to Taiwan and then Japan. After the announcement of Japan's surrender, Laurel formally proclaimed the Second Republic as dissolved. Until the 1960s, the Second Republic, and its officers, were not viewed as legitimate or as having any standing, with the exception of the Supreme Court whose decisions, limited to reviews of criminal and commercial cases as part of a policy of discretion by Chief Justice Jos Yulo continued to be part of the official records (this was made easier by the Commonwealth never constituting a Supreme Court, and the formal vacancy in the chief justice position for the Commonwealth with the execution of Chief Justice Jos Abad Santos by the Japanese). It was only during the Macapagal administration that a

partial, political rehabilitation of the Japanese-era republic took place, with the recognition of Laurel as a former president and the addition of his cabinet and other officials to the roster of past government officials. However, the 1943 charter was not taught in schools and the laws of the 1943-44 National Assembly never recognized as valid or relevant. The Preamble reads: "The Filipino people, imploring the aid of Divine Providence and desiring to lead a free national existence, do hereby proclaim their independence, and in order to establish a government that shall promote the general welfare, conserve and develop the patrimony of the Nation, and contribute to the creation of a world order based on peace, liberty, and moral justice, do ordain this Constitution."

The 1943 Constitution provided strong executive powers. The Legislature consisted of a unicameral National Assembly and only those considered as anti-US could stand for election, although in practice most legislators were appointed rather than elected. [edit]The New Society and the Fourth Republic (1973) The 1973 Constitution, promulgated after Marcos' declaration of martial law, was supposed to introduce a parliamentary-style government. Legislative power was vested in a National Assembly whose members were elected for six-year terms. The President was ideally supposed to be elected as the symbolic and purely ceremonial head of state from the Members of the National Assembly for a six-year term and could be re-elected to an unlimited number of terms. Upon election, the President ceased to be a member of the National Assembly. During his term, the President was not allowed to be a member of a political party or hold any other office. Executive power was meant to be exercised by the Prime Minister who was also elected from the Members of the National Assembly. ThePrime Minister was the head of government and Commander-in-Chief of the armed forces. This constitution was subsequently amended four times (arguably five depending on how one considers Proclamation No. 3 of 1986). On 1617 October 1976, a majority of barangay voters (Citizen Assemblies) approved that martial law should be continued and ratified the amendments to the Constitution proposed by President Marcos.[20] The 1976 amendments were: an Interim Batasang Pambansa (IBP) substituting for the Interim National Assembly the President would also become the Prime Minister and he would continue to exercise legislative powers until martial law should have been lifted. The Sixth Amendment authorized the President to legislate:

Whenever in the judgement of the President there exists a grave emergency or a threat or imminence thereof, or whenever the Interim Batasang Pambansa or the regular National Assembly fails or is unable to act adequately on any matter for any reason that in his judgment requires immediate action, he may, in order to meet the exigency, issue the necessary decrees, orders or letters of instructions, which shall form part of the law of the land. The 1973 Constitution was further amended in 1980 and 1981. In the 1980 amendment, the retirement age of the members of the Judiciary was extended to 70 years. In the 1981 amendments, the false parliamentary system was formally modified into a French-style semi-presidential system: executive power was restored to the President; direct election of the President was restored; an Executive Committee composed of the Prime Minister and not more than fourteen members was created to "assist the President in the exercise of his powers and functions and in the performance of his duties as he may prescribe;" and the Prime Minister was a mere head of the Cabinet. Further, the amendments instituted electoral reforms and provided that a natural born citizen of the Philippines who has lost his citizenship may be a transferee of private land for use by him as his residence. The last amendments in 1984 abolished the Executive Committee and restored the position of VicePresident (which did not exist in the original, unamended 1973 Constitution). In actual practice, while the 1973 Constitution was ideally supposed to set up a true parliamentary system, the late President Marcos had made use of subterfuge and manipulation in order to keep executive power for himself, rather than devolving executive powers to the Parliament, as headed by the Prime Minister. The end result was that the 1973 Constitution - due to all amendments and subtle manipulations - was merely the abolition of the Senate and a series of cosmetic text-changes where the old American-derived terminologies such House of Representatives became known as the "Batasang Pambansa" (National Assembly), Departments became known as "Ministries", cabinet secretaries became known as "cabinet ministers", and the President's assistant - the Executive Secretary - became known as the "Prime Minister." Ultimately, Marcos' so-called "Parliamentary System" therefore functioned as an authoritarian-run Presidential System due to the series of amendments and other modifications put in place after the 1973 Constitution was ratified. "Freedom Constitution" (1986) Following the EDSA People Power Revolution that removed President Ferdinand E. Marcos from office, the new President, Corazon C. Aquino issued Proclamation No. 3 as a provisional constitution. It adopted certain provisions from the 1973 constitution and granted the President broad powers to reorganise the

government and remove officials from office, and mandated that the president would appoint a commission to draft a new constitution

Republic of the Philippines Congress of the Philippines Metro Manila Eighth Congress

Republic Act No. 6713

February 20, 1989

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Section 1. Title. - This Act shall be known as the "Code of Conduct and Ethical Standards for Public Officials and Employees." Section 2. Declaration of Policies. - It is the policy of the State to promote a high standard of ethics in public service. Public officials and employees shall at all times be accountable to the people and shall discharge their duties with utmost responsibility, integrity, competence, and loyalty, act with patriotism and justice, lead modest lives, and uphold public interest over personal interest. Section 3. Definition of Terms. - As used in this Act, the term: (a) "Government" includes the National Government, the local governments, and all other instrumentalities, agencies or branches of the Republic of the Philippines including government-owned or controlled corporations, and their subsidiaries.lawphi1.net (b) "Public Officials" includes elective and appointive officials and employees, permanent or temporary, whether in the career or non-career service, including military and police personnel, whether or not they receive compensation, regardless of amount. (c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act or liberality, in favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof. It shall not include an unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee.

(d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift from a person other than a member of his family or relative as defined in this Act, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is neither nominal nor insignificant, or the gift is given in anticipation of, or in exchange for, a favor. (e) "Loan" covers both simple loan and commodatum as well as guarantees, financing arrangements or accommodations intended to ensure its approval. (f) "Substantial stockholder" means any person who owns, directly or indirectly, shares of stock sufficient to elect a director of a corporation. This term shall also apply to the parties to a voting trust. (g) "Family of public officials or employees" means their spouses and unmarried children under eighteen (18) years of age. (h) "Person" includes natural and juridical persons unless the context indicates otherwise. (i) "Conflict of interest" arises when a public official or employee is a member of a board, an officer, or a substantial stockholder of a private corporation or owner or has a substantial interest in a business, and the interest of such corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty. (j) "Divestment" is the transfer of title or disposal of interest in property by voluntarily, completely and actually depriving or dispossessing oneself of his right or title to it in favor of a person or persons other than his spouse and relatives as defined in this Act. (k) "Relatives" refers to any and all persons related to a public official or employee within the fourth civil degree of consanguinity or affinity, including bilas, inso and balae. Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties: (a) Commitment to public interest. - Public officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues. (b) Professionalism. - Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage. (c) Justness and sincerity. - Public officials and employees shall remain true to the people at all times. They must act with justness and sincerity and shall not discriminate against anyone, especially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing

acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. They shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous with theirs. (d) Political neutrality. - Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference. (e) Responsiveness to the public. - Public officials and employees shall extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or when required by the public interest, public officials and employees shall provide information of their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas. (f) Nationalism and patriotism. - Public officials and employees shall at all times be loyal to the Republic and to the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. They shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion. (g) Commitment to democracy. - Public officials and employees shall commit themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party. (h) Simple living. - Public officials and employees and their families shall lead modest lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form. (B) The Civil Service Commission shall adopt positive measures to promote (1) observance of these standards including the dissemination of information programs and workshops authorizing merit increases beyond regular progression steps, to a limited number of employees recognized by their office colleagues to be outstanding in their observance of ethical standards; and (2) continuing research and experimentation on measures which provide positive motivation to public officials and employees in raising the general level of observance of these standards. Section 5. Duties of Public Officials and Employees. - In the performance of their duties, all public officials and employees are under obligation to:lawphi1.net (a) Act promptly on letters and requests. - All public officials and employees shall, within fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means of communications sent by the public. The reply must contain the action taken on the request.

(b) Submit annual performance reports. - All heads or other responsible officers of offices and agencies of the government and of government-owned or controlled corporations shall, within forty-five (45) working days from the end of the year, render a performance report of the agency or office or corporation concerned. Such report shall be open and available to the public within regular office hours. (c) Process documents and papers expeditiously. - All official papers and documents must be processed and completed within a reasonable time from the preparation thereof and must contain, as far as practicable, not more than three (3) signatories therein. In the absence of duly authorized signatories, the official next-in-rank or officer in charge shall sign for and in their behalf. (d) Act immediately on the public's personal transactions. - All public officials and employees must attend to anyone who wants to avail himself of the services of their offices and must, at all times, act promptly and expeditiously. (e) Make documents accessible to the public. - All public documents must be made accessible to, and readily available for inspection by, the public within reasonable working hours. Section 6. System of Incentives and Rewards. - A system of annual incentives and rewards is hereby established in order to motivate and inspire public servants to uphold the highest standards of ethics. For this purpose, a Committee on Awards to Outstanding Public Officials and Employees is hereby created composed of the following: the Ombudsman and Chairman of the Civil Service Commission as Co-Chairmen, and the Chairman of the Commission on Audit, and two government employees to be appointed by the President, as members. It shall be the task of this Committee to conduct a periodic, continuing review of the performance of public officials and employees, in all the branches and agencies of Government and establish a system of annual incentives and rewards to the end that due recognition is given to public officials and employees of outstanding merit on the basis of the standards set forth in this Act. The conferment of awards shall take into account, among other things, the following: the years of service and the quality and consistency of performance, the obscurity of the position, the level of salary, the unique and exemplary quality of a certain achievement, and the risks or temptations inherent in the work. Incentives and rewards to government officials and employees of the year to be announced in public ceremonies honoring them may take the form of bonuses, citations, directorships in governmentowned or controlled corporations, local and foreign scholarship grants, paid vacations and the like. They shall likewise be automatically promoted to the next higher position with the commensurate salary suitable to their qualifications. In case there is no next higher position or it is not vacant, said position shall be included in the budget of the office in the next General Appropriations Act. The Committee on Awards shall adopt its own rules to govern the conduct of its activities. Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful:

(a) Financial and material interest. - Public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office. (b) Outside employment and other activities related thereto. - Public officials and employees during their incumbency shall not: (1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law; (2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions; or (3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office. These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one-year prohibition shall likewise apply. (c) Disclosure and/or misuse of confidential information. - Public officials and employees shall not use or divulge, confidential or classified information officially known to them by reason of their office and not made available to the public, either: (1) To further their private interests, or give undue advantage to anyone; or (2) To prejudice the public interest. (d) Solicitation or acceptance of gifts. - Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office. As to gifts or grants from foreign governments, the Congress consents to: (i) The acceptance and retention by a public official or employee of a gift of nominal value tendered and received as a souvenir or mark of courtesy; (ii) The acceptance by a public official or employee of a gift in the nature of a scholarship or fellowship grant or medical treatment; or (iii) The acceptance by a public official or employee of travel grants or expenses for travel taking place entirely outside the Philippine (such as allowances, transportation, food, and lodging) of more than nominal value if such acceptance is appropriate or consistent with the interests of the Philippines, and permitted by the head of office, branch or agency to which he belongs.

The Ombudsman shall prescribe such regulations as may be necessary to carry out the purpose of this subsection, including pertinent reporting and disclosure requirements. Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or cultural exchange programs subject to national security requirements. Section 8. Statements and Disclosure. - Public officials and employees have an obligation to accomplish and submit declarations under oath of, and the public has the right to know, their assets, liabilities, net worth and financial and business interests including those of their spouses and of unmarried children under eighteen (18) years of age living in their households. (A) Statements of Assets and Liabilities and Financial Disclosure. - All public officials and employees, except those who serve in an honorary capacity, laborers and casual or temporary workers, shall file under oath their Statement of Assets, Liabilities and Net Worth and a Disclosure of Business Interests and Financial Connections and those of their spouses and unmarried children under eighteen (18) years of age living in their households. The two documents shall contain information on the following: (a) real property, its improvements, acquisition costs, assessed value and current fair market value; (b) personal property and acquisition cost; (c) all other assets such as investments, cash on hand or in banks, stocks, bonds, and the like; (d) liabilities, and; (e) all business interests and financial connections. The documents must be filed: (a) within thirty (30) days after assumption of office; (b) on or before April 30, of every year thereafter; and (c) within thirty (30) days after separation from the service. All public officials and employees required under this section to file the aforestated documents shall also execute, within thirty (30) days from the date of their assumption of office, the necessary authority in favor of the Ombudsman to obtain from all appropriate government agencies, including the Bureau of Internal Revenue, such documents as may show their assets, liabilities, net worth, and also their business interests and financial connections in previous years, including, if possible, the year when they first assumed any office in the Government. Husband and wife who are both public officials or employees may file the required statements jointly or separately.

The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business Interests and Financial Connections shall be filed by: (1) Constitutional and national elective officials, with the national office of the Ombudsman; (2) Senators and Congressmen, with the Secretaries of the Senate and the House of Representatives, respectively; Justices, with the Clerk of Court of the Supreme Court; Judges, with the Court Administrator; and all national executive officials with the Office of the President. (3) Regional and local officials and employees, with the Deputy Ombudsman in their respective regions; (4) Officers of the armed forces from the rank of colonel or naval captain, with the Office of the President, and those below said ranks, with the Deputy Ombudsman in their respective regions; and (5) All other public officials and employees, defined in Republic Act No. 3019, as amended, with the Civil Service Commission. (B) Identification and disclosure of relatives. - It shall be the duty of every public official or employee to identify and disclose, to the best of his knowledge and information, his relatives in the Government in the form, manner and frequency prescribed by the Civil Service Commission. (C) Accessibility of documents. - (1) Any and all statements filed under this Act, shall be made available for inspection at reasonable hours. (2) Such statements shall be made available for copying or reproduction after ten (10) working days from the time they are filed as required by law. (3) Any person requesting a copy of a statement shall be required to pay a reasonable fee to cover the cost of reproduction and mailing of such statement, as well as the cost of certification. (4) Any statement filed under this Act shall be available to the public for a period of ten (10) years after receipt of the statement. After such period, the statement may be destroyed unless needed in an ongoing investigation. (D) Prohibited acts. - It shall be unlawful for any person to obtain or use any statement filed under this Act for: (a) any purpose contrary to morals or public policy; or (b) any commercial purpose other than by news and communications media for dissemination to the general public. Section 9. Divestment. - A public official or employee shall avoid conflicts of interest at all times. When a conflict of interest arises, he shall resign from his position in any private business enterprise within thirty (30) days from his assumption of office and/or divest himself of his shareholdings or interest within sixty (60) days from such assumption.

The same rule shall apply where the public official or employee is a partner in a partnership. The requirement of divestment shall not apply to those who serve the Government in an honorary capacity nor to laborers and casual or temporary workers. Section 10. Review and Compliance Procedure. - (a) The designated Committees of both Houses of the Congress shall establish procedures for the review of statements to determine whether said statements which have been submitted on time, are complete, and are in proper form. In the event a determination is made that a statement is not so filed, the appropriate Committee shall so inform the reporting individual and direct him to take the necessary corrective action. (b) In order to carry out their responsibilities under this Act, the designated Committees of both Houses of Congress shall have the power within their respective jurisdictions, to render any opinion interpreting this Act, in writing, to persons covered by this Act, subject in each instance to the approval by affirmative vote of the majority of the particular House concerned. The individual to whom an opinion is rendered, and any other individual involved in a similar factual situation, and who, after issuance of the opinion acts in good faith in accordance with it shall not be subject to any sanction provided in this Act. (c) The heads of other offices shall perform the duties stated in subsections (a) and (b) hereof insofar as their respective offices are concerned, subject to the approval of the Secretary of Justice, in the case of the Executive Department and the Chief Justice of the Supreme Court, in the case of the Judicial Department. Section 11. Penalties. - (a) Any public official or employee, regardless of whether or not he holds office or employment in a casual, temporary, holdover, permanent or regular capacity, committing any violation of this Act shall be punished with a fine not exceeding the equivalent of six (6) months' salary or suspension not exceeding one (1) year, or removal depending on the gravity of the offense after due notice and hearing by the appropriate body or agency. If the violation is punishable by a heavier penalty under another law, he shall be prosecuted under the latter statute. Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold public office. (b) Any violation hereof proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public official or employee, even if no criminal prosecution is instituted against him. (c) Private individuals who participate in conspiracy as co-principals, accomplices or accessories, with public officials or employees, in violation of this Act, shall be subject to the same penal liabilities as the public officials or employees and shall be tried jointly with them. (d) The official or employee concerned may bring an action against any person who obtains or uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court in which such action is brought

may assess against such person a penalty in any amount not to exceed twenty-five thousand pesos (P25,000). If another sanction hereunder or under any other law is heavier, the latter shall apply. Section 12. Promulgation of Rules and Regulations, Administration and Enforcement of this Act. - The Civil Service Commission shall have the primary responsibility for the administration and enforcement of this Act. It shall transmit all cases for prosecution arising from violations of this Act to the proper authorities for appropriate action: Provided, however, That it may institute such administrative actions and disciplinary measures as may be warranted in accordance with law. Nothing in this provision shall be construed as a deprivation of the right of each House of Congress to discipline its Members for disorderly behavior. The Civil Service Commission is hereby authorized to promulgate rules and regulations necessary to carry out the provisions of this Act, including guidelines for individuals who render free voluntary service to the Government. The Ombudsman shall likewise take steps to protect citizens who denounce acts or omissions of public officials and employees which are in violation of this Act. Section 13. Provisions for More Stringent Standards. - Nothing in this Act shall be construed to derogate from any law, or any regulation prescribed by any body or agency, which provides for more stringent standards for its official and employees. Section 14. Appropriations. - The sum necessary for the effective implementation of this Act shall be taken from the appropriations of the Civil Service Commission. Thereafter, such sum as may be needed for its continued implementation shall be included in the annual General Appropriations Act. Section 15. Separability Clause. - If any provision of this Act or the application of such provision to any person or circumstance is declared invalid, the remainder of the Act or the application of such provision to other persons or circumstances shall not be affected by such declaration. Section 16. Repealing Clause. - All laws, decrees and orders or parts thereof inconsistent herewith, are deemed repealed or modified accordingly, unless the same provide for a heavier penalty. Section 17. Effectivity. - This Act shall take effect after thirty (30) days following the completion of its publication in the Official Gazette or in two (2) national newspapers of general circulation. Approved, February 20, 1989. Read books (see the scopes to know what subject areas to focus). Take time to browse the internet for some useful information. Read the newspaper at least a month before the exam proper for current events on that period. Not the very recent issues because the questionnaire could have been written probably a month or couple of months ago. If you prefer to self-review, Civil Service Exam reviewers are available at bookstores. Ask for a free CS Exam reviewerfrom a friend, borrow it.

Prepare yourself a week before the exam. Keep yourself stress-free. Sleep early and soundly the night before the exam. During the exam day, eat your breakfast and take a bath. It will keep you fresh and relaxed. Double check if you have with you the necessary things like pencil, eraser, sharpener and most importantly the examination slip and receipt.

Go to the examination venue at least an hour before the official exam time, which is 8:00 o'clock in the morning. Bring with you something to eat and drink. While the exam is on-going, focus and read the instructions and questions carefully, with comprehension. Do not stay long on hard questions, go back to them when youre done with easier ones. If you are finished answering all questions ahead of cut-off time, do not go home immediately. Make use of the remaining time to review your answers. Enjoy the feel of it. Be confident. entence Patterns #1 - Noun / Verb The most basic sentence pattern is a noun followed by a verb. It's important to remember that only verbs that do not require objects are used in this sentence pattern. Examples: People work. Frank eats. This basic sentence pattern can be modified by adding a noun phrase, possessive adjective, as well as other elements. This is true for all the sentence patterns that follow. Examples: People work. -> Our employees work. Frank eats. -> My dog Frank eats. Sentence Patterns #2 - Noun / Verb / Noun The next sentence pattern builds on the first pattern and is used with nouns that can take objects. Examples:

John plays softball. The boys are watching TV. Sentence Patterns #3 - Noun / Verb / Adverb The next sentence pattern builds on the first pattern by using an adverb to describe how an action is done. Examples: Thomas drives quickly. Anna doesn't sleep deeply. Sentence Patterns #4 - Noun / Linking Verb / Noun This sentence pattern uses linking verbs to link one noun to another. Linking verbs are also known as equating verbs - verbs which equate one thing with another such as 'be', 'become', 'seem', etc. Examples: Jack is a student. This seed will become an apple. Sentence Patterns #5 - Noun / Linking Verb / Adjective This sentence pattern is similar to sentence pattern #4, but uses linking verbs to link one noun to its description using an adjective. Examples: My computer is slow! Her parents seem unhappy. Sentence Patterns #6 - Noun / Verb / Noun / Noun Sentence pattern #6 is used with verbs that take both direct and indirect objects. Examples: I bought Katherine a gift. Jennifer showed Peter her car. SImply put, an independent clause can stand alone. It conveys a complete thought and has both a subject and a verb. A dependent clause, on the other hand, cannot stand alone. It does have a subject and a verb, but it leaves you thinking, "huh?" Example

Batik is a popular handicraft purchased by tourists. Although I washed my new batik in cold water.

o you know that if you have an independent clause, it can be a sentence. You capitalize the first word and use punctuation at the end. A simple sentence like that is called, amazingly, a simple sentence. Brilliant name, isn't it? Simple sentences are important in writing because they are the building blocks. But you don't want each and every sentence in your paragraph or essay to be a simple one. Simple also means foolish, and a paragraph full of simple sentences sounds childish. Exercise idea -- Write ten simple sentences. Make sure each one is a single independent clause (sentence pattern #1), punctuated and capitalized correctly. And make them interesting because you'll be using these again later. EXAMPLES -I am learning Chinese painting. Last Friday I learned to paint a sparrow. The supplies are inexpensive. Hint for mom -- Give your child some spelling or vocabulary words to make sentences with. Or give a theme to write about. Compound Sentences Sentence Pattern Numbers Two and Three What if you want to join two independent clauses together? Can that be done? Yes! It can. And there are two main ways. 1. Use a semicolon between the two independent clauses. To use a semicolon, the sentences should be very closely related in meaning. But I hope that you wouldn't try to connect two sentences that weren't related anyway! 2. Use a comma and a coordinating conjunction between the two independent clauses. This rule is so simple, yet people will ruin it by forgetting the comma or by forgetting the coordinating conjunction. You have to have both!

I call this rule "comma but." You can think of it as "comma butt" -- a terrible disease that infects the bottom. Actually you can use FOR, AND, NOR, OR, YET, or SO as well as BUT. An easy way to remember these coordinating conjunctions is FANBOYS. Click on the image for a PDF mini poster. (But better yet, have your child create his own FANBOYS poster!) A sentence that has two independent clauses joined together correctly is called acompound sentence. Try to use some of these in your writing. But don't overdo it! You don't want to have too much of a good thing.

Exercise idea -- Look at the ten simple sentences you wrote earlier. Rewrite them, but this time add a semicolon and another closely related independent clause at the end to form a compound sentence (sentence pattern #2). EXAMPLES-I am learning Chinese painting; last Friday I learned to paint a sparrow.

The supplies are inexpensive; I paid less than ten dollars for paint, paper, and brushes. Now take your newly written compound sentences and rewrite them using sentence pattern #3. That means you'll take out the semicolon and add in a comma and one of the FANBOYS. Make sure to use both the comma and the conjunction. And of course, choose a logical conjunction. EXAMPLES-I am learning Chinese painting, and last Friday I learned to paint a sparrow. The supplies are inexpensive, so I think this is a good hobby for me. Hint for mom: Carefully check for semicolons and a lowercase letter after the semicolon. Carefully check for both a comma and a conjunction. If one is missing, it's wrong!

Want some worksheet practice? Here are some PDF exercises: Simple Sentences & Compound Sentences Compound Sentences from ABC Teach Glencoe Practice with Simple and Compound Sentences Commas in Compound Sentences Sentence Bad Guy #1 Mr. Run-on Also Known as a Comma Splice

Not even brick walls stop Mr. Runon. He keeps running on and on. Drawing by Sprite, my daughter.

What happens when you put two independent clauses together and do not use a semicolon or the "comma but" rule? You've created a run-on sentence. And that's a huge writing no-no. Avoid run-on sentences! Learn how to join independent clauses. Sentence Bad Guy #2 Ms. Fragment

Ms. Fragment loves destroying perfectly good sentences. Drawing by Sprite, my daughter.

If you've got a dependent clause standing alone, it's got a fancy name -- a fragment. And that's a pretty major writing error. What's the best way to find fragments? Read your draft backwards sentence by sentence. Not word by word, but read the last sentence. Then the next to the last sentence and so on. Usually you will find the fragments this way. The Sentence No-No's There are two bad guys when it comes to writing sentences -- Mr. Run-on and Ms. Fragment. Which do you tend to create more often?

Fragments! Lots of them. Always make them.

Run-ons are my problem I just write and write and I don't know where to stop.

I am a perfect writer. I never make mistakes.

I'm not sure which is my main problem. Vote Skip voting, see results Share this poll Stumbleupon Facebook MySpace Twitter Digg Delicious Email About Commas Commas are tricky because there are so many uses of them! This lesson is not a comprehensive primer on commas. I'm only sharing ONE of the many ways commas are used. Complex Sentences Sentence Pattern Numbers Four and Five Now we can start using dependent clauses in our sentences. We know that a dependent clause needs to be attached to something -- specifically to an independent clause. And there are two ways to do that. You can put it before an independent clause or behind one. And the punctuation is different in either case. The rule is Independent clause dependent clause. Dependent clause COMMA independent clause.

Yes, that's right. When the dependent clause is at the end of the sentence you don't need a comma. The words that introduce dependent clauses are called subordinating conjunctions. Print a PDF list here. after although as as if as long as as much as as soon as as though because before even if even though if if only inasmuch in order that lest now that once provided (that) rather than since so that than that though till unless until when whenever where whereas wherever while Here is a Handout about Conjunctions, featuring both the coordinating conjunction and the subordinating conjunction.

This kind of sentence with a dependent clause and an independent clause is called acomplex sentence. Now that name doesn't really matter a whole lot except that complex sentences imply a good understanding of both your topic and of writing. So you need to use these types of sentences when you write. Need some practice? Here is the same information recapped plus some sentences to combine using this sentence pattern -Combining with Subordinating Conjunctions. And here is a middle school level set of four pages about independent and dependent clauses. A set of simple activities for Clauses and Complex Sentences.

Exercise idea -- Convert your original ten simple sentences into complex sentences by adding a dependent clause. (Having a list of the subordinating conjunctions handy is most helpful.) First add the dependent clause to the beginning of the sentence (sentence pattern #4). Start with one of the subordinating conjunctions in the list above, create the rest of the dependent clause, don't forget your comma, and then finish it with your independent clause (one of the original simple sentences). EXAMPLES --

Because I want a creative hobby, I am learning Chinese painting. Even though I'm just starting, last Friday I learned to paint a sparrow. If you shop in a local store, the supplies are inexpensive. Then using the complex sentences you just made, rewrite them by rearranging them. Now put the dependent clause at the end. Don't forget to leave off the comma this time. These are sentence pattern #5 EXAMPLES -I am learning Chinese painting because I want a creative hobby. Last Friday I learned to paint a sparrow even though I'm just starting. The supplies are inexpensive if you shop in a local store. Hint for mom -- Be ruthless about checking for commas when the sentence begins with a dependent clause. If there's no comma, it's wrong! Compound-Complex Sentence Get Creative! Mix Up Patterns One Through Five. There is actually another sentence pattern and that's a combination of at least two independent clauses with at least one dependent clause. Once you've mastered the first five sentence patterns, this one is fun to get creative with. You follow the same rules and join the clauses together. Try these worksheets on compound-complex sentences if you really love analyzing sentence parts! Writing Guide IN: preposition 1. (used to indicate inclusion within space, a place, or limits): walking in the park.

2. (used to indicate inclusion within something abstract or immaterial): in politics; in the autumn.

(used to indicate inclusion within or occurrence during a period or limit of time): in ancient times; a 3. task done in ten minutes.

4.

(used to indicate limitation or qualification, as of situation, condition, relation, manner, action, etc.):

to speak in a whisper; to be similar in appearance.

5. (used to indicate means): sketched in ink; spoken in French.

6. (used to indicate motion or direction from outside to a point within) into: Let's go in the house.

7. (used to indicate transition from one state to another): to break in half.

8. (used to indicate object or purpose): speaking in honor of the event.

ON: preposition so as to be or remain supported by or suspended from: Put your package down on the table; Hang 1. your coat on the hook.

2. so as to be attached to or unified with: Hang the picture on the wall. Paste the label on the package.

so as to be a covering or wrapping for: Put the blanket on the baby. Put aluminum foil on the lamb 3. chops before freezing them.

4. in connection, association, or cooperation with; as a part or element of: to serve on a jury.

so as to be a supporting part, base, backing, etc., of: a painting on canvas; mounted on cardboard; 5. legs on a chair.

(used to indicate place, location, situation, etc.): a scar on the face; the book on the table; a house on 6. 19th Street.

AT: preposition

(used to indicate a point or place occupied in space); in, on, or near: to stand at the door; at 1. the bottom of the barrel. (used to indicate a location or position, as in time, on a scale, or in order): at zero; at noon; at 2. age 65; at the end; at the lowest point. 3. (used to indicate presence or location): at home; at hand. 4. (used to indicate amount, degree, or rate): at great speed; at high altitudes. 5. (used to indicate a direction, goal, or objective); toward: Aim at the mark. Look at that. 6. (used to indicate occupation or involvement): at work; at play. 7. (used to indicate a state or condition): at ease; at peace. 8. (used to indicate a cause or source): She was annoyed at his stupidity. 9. (used to indicate a method or manner): He spoke at length. 10. (used to indicate relative quality or value): at one's best; at cost.

n logic an assumption is a proposition that is taken for granted, as if it were true based upon presupposition without preponderance of the facts. An assumption that is considered to be self-evident or otherwise fundamental is called an axiom.

Claims are statements that present an arguable position, therefore reflecting someone's interpretation, belief, or opinion. For example, it is a claim to say that the cat in Ernest Hemingway's short story "Cat in the Rain" symbolizes the woman. It is also a claim to say that the man in the story seems content with the couple's lifestyle. These ideas are not stated anywhere in the story. If so, they would be facts. Instead, these claims are conclusions that one might draw from the facts in the story. A claim reflects a conclusion that you have made. When you write a persuasive paragraph, you should begin the paragraph with your conclusion, followed by the facts that support the conclusion. However, claims differ from opinions that simply reflect personal preferences, not arguable positions. My opinion may be that vanilla ice cream tastes better than chocolate ice cream. This is just an opinion, not a position that I can argue with facts. Claims that you present in an essay should reflect an arguable position; that is, we should be able to argue over the validity of the claim. Facts In general, facts are easy to define. Facts, by definition, are true. We cannot argue over facts. For example, it is a fact that a couple is staying at a hotel in

Italy in Hemingway's "Cat in the Rain." It is also a fact that the woman in the story sees a cat and goes outside to try to find it, and it is a fact that the male character remains in bed reading. These are facts, so we cannot argue over their truth. When facts are used to try to prove an argument, the facts are sometimes referred to as evidence or support. In persuasive paragraphs, you should use facts to support your claims. This is how you support and develop your argument or interpretation.

Das könnte Ihnen auch gefallen