The philippine constitutional commissions
-
Upload
erwin-tusi -
Category
Education
-
view
76 -
download
4
Transcript of The philippine constitutional commissions
The Philippine Constitutional Commissions
Civil service commis
sion
Commission on Election
s
Commission on Audit
Alicia dela Rosa-Bala
(chairperson)
Chairman Michael G. Aguinaldo
Chairman Andres Bautista
Common Provisions Relating to the Constitutional Commissions
The establishment of constitutional commission is clearly stipulated in Section 1 of Article IX, which states that the constitutional commissions, which shall be independent are the Civil Service Commission, the Commission on Elections, and the Commission on Audit.
Independence of the Constitutional Commission
CSC, COMELEC, and COA cannot be abolished by law as they are created by the fundamental charter of the country.Powers exercised by these agencies are granted by the Constitution and cannot be withdrawn by law.The chairmen and members of these commissions enjoy security of tenure and can only be removed from office via impeachment.
Independence of the Constitutional Commission
Salaries of the Chairmen and members of these commission are fixed by law and can’t be decreased during their tenure.The constitutional commissions enjoy fiscal autonomy.Each of these constitutional commissions is empowered to promulgate its own rules of procedures.The constitutional commissions appoint their officials and employed in accordance with the Civil Service Law.
ProhibitionsTo hold any other office or employmentTo engage in the practice of any professionTo engage in the active management or control of any businessTo be financially interested in any contract with, or in any franchise granted by the government.
Compensation As stated in Article ~ 18, Section 17, the Chairperson of each commission shall receive an annual salary of 204,000 Php, while the other commissioners or members shall receive an annual salary of 180,000 Php, unless increased by law.
Rules on the Conduct of Proceedings
The majority rule has to be observed in all the proceedings of the constitutional commissions.Any case brought before the Commission has to be resolved within 60 day form the date of its submission for decision.Any decision, order, or ruling of each Commission may be appealed to the Supreme Court on certiorari by the aggrieved party within 30 days from the receipt of the copy thereof.
The Civil Service Commission The central personnel agency of the government whose primary goal is to professionalize the Philippine service system by setting standard and enforcing laws and rules governing the selection, utilization, training and discipline of civil servants.
Composition, Appointment and Tenure
The CSC is composed of a chairman and two commissioners as members, who are appointed by the president. Chairperson Alicia dela Rosa-Bala – 7 Years of term Commissioner Robert Martinez – 5 years of term Commissioner Nieves Osorio – 3 years of term
Without reappointment.
Qualifications of AppointmentNatural born citizens of the PhilippinesAt least 35 years of age at the time of their appointmentsWith proven capacity for public administration Must not have been candidate for any elective position in the elections immediately preceding's their appointment
Function of the Civil Service Commission
To establish a career serviceTo adopt measure to promote morale, efficiency, integrity, responsiveness and courtesy in the civil service.To strengthen the merit and reward systemTo integrate all human resources development programs for all levels and ranksTo institutionalize a management climate conducive to public accountabilty
Scope of the Civil Service Every branch, subdivision, instrumentality and agency of the Government including government-owned and controlled corporations with original charters are under the jurisdiction of the civil service.
Appointments in the Civil Service
Appointments in the civil service are made based on merit and fitness and determined as far as practicable by competitive examination or the civil serviced examination.
Security of Tenure All government employees and officers of the Civil Service enjoy security of tenure. As such, they cannot just be removed form office or suspended from service except on the ground of inefficiency or cause provided by law.Dishonesty, oppression or misconduct habitual drunkennessNeglect of dutyDisgraceful or immoral conduct
Commission on Elections The Commission on Elections (COMELEC) is another independent constitutional body, performing a very crucial role in the governance of the country. It was created for the purpose of ensuring free and honest elections and protecting the popular will of the people as expressed in the ballot.
Composition The COMELEC is composed of one
Chairman and six Commissioners
Qualification Required of COMELEC Members
A Natural born citizen of the PhilippinesAt least 35 years of age at the time of appointmentHolder of a college degreeMust not have been a candidate for any elective position in the immediately proceedings electionA member of the Philippine Bar who has been in the practice of law for 10 tears.
Appointment and Terms of OfficeThe Chairman and the Commissioners are appointed by the PresidentConfirmation of the Commission on Appointments for a term of seven years
Powers and Functions
Procedures in Hearing Election Cases
The COMELEC may sit en banc or in two divisions in hearing election cases. It may promulgates its own rules and procedures to expedite the resolution of these cases.
Regulations of Public Utilities and Media
The COMELEC is given authority to supervise or regulate the enjoyment or utilization of all franchises or permits for the operations of transportation and other public utilities, media of communication or information during the elections period.
Commission on Audit The Commission on Audit (COA) has the responsibility of ensuring transparency and accountability on government services, particularly in the use of public funds.
CompositionThe COA is constituted by a Chairman and two Commissioners. Chairman Michael G. Aguinaldo Commissioner Jose A. Fabia Commissioner Isabel D. Agito
Qualifications Required of COA Members
A Natural-born citizen of the Philippines At least 35 years of age at the time of his/her appointmentA certified public accountant with at less 10 years of auditing experience or a member of the Philippine Bar engaged in the practice of law for at least 10 yearsMust not have been candidate for elective position
Appointment and Term of OfficeThe Chairman and the Commissioners are appointed by President with the consent of the Commission on AppointmentThe Chairman has to hold for 7 years, one Commissioner for 5 years and other Commissioner for 3 years without reappointment.
Powers and Functions