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ARTICLE 9 CONSTITUTIONAL COMMISSIONS Prohibition on Members Section 2: No member of the Constitutional Commission shall, during his tenure, hold

any other office or employment. Neither shall he engage in the practice of any profession or in the active management or control of any business which in any way may be affected by the functions of his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the government, any of its subdivisions, agencies, or instrumentalities, including GOCCs or their subsidiaries. Section 6 Each commission en banc may promulgate its own rules concerning pleadings and practice before it or before any or its offices. Such rules however shall not diminish, increase or modify substantive rights. Q !ay Congress assume power to review rules promulgated by the Commission" # No. Section 7 Each commission shall decide by a ma$ority vote of a its members any case or matter brought before it within %& days from the date of its submission for decision or resolution. # case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum re'uired by the rules of the commission or by the commission itself. (nless otherwise provide by this Constitution or by law, any decision, order, or ruling of each commission may be brought to the SC on certiorari by the aggrieved party within )& days from receipt of a copy thereof. Q *hat +ind of decisions of Constitutional Commissions may be elevated to the SC through rule %," # Only grave use of discretion amounting to lac+ or e-cess of $urisdiction and those that relate to the e-ercise of ad$udicatory or 'uasi.$udicial powers. !" T#E CI$IL SER$ICE COMMISSION %&a i'ications /. # Chairman and 0 Commissioners 1appointed by the 2resident, consent of Commission of #ppointments3 0. Natural.born citi4ens of the 2hilippines ). #t the time of their appointment, at least ), years of age 5. *ithin proven capacity for public administration ,. !ust not have been candidates for any elective position in the elections immediately preceding their appointment. Term: 16ebruary 03 7 years 1no reaapointment and no appointment in acting capacity3 Chairman 8 7 years Commissioner 8 , years Commissioner 8 ) years Nat&re o' (o)er #dministrative agency9 e-ecutive powers, 'uasi.$udicial powers, and 'uasi.legislative or rule.ma+ing powers.

Section 2: /. :he civil service embraces all branches, subdivisions, instrumentalities, and agencies of the government, including GOCCs with original charters. 8 SCO2E O6 :;E S<S:E! 0. #ppointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, and, e-cept to positions which are policy.determining, primarily confidential, or highly technical, by competitive e-amination. ). No officer or employee of the civil service shall be removed or suspended e-cept for cause provided by law. 5. No officer or employee of the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign. ,. :he right to self.organi4ation shall not be denied to government employees. %.:emporary employees of the government shall be given such protection as may be provided by law. Test to *etermine +ON ,OCC is s&b-ect to the CSC 8 !anner of creation 1Special Charter, CSC9 Corporation Code, NO:3 C assi'ication base* on manner o' testin. merit an* 'itness /Section 2 0212 /. Com(etiti3e (ositions .#ppointment is made according to merit and fitness as determined by competitive e-amination. 0. Noncom(etiti3e (ositions . No competitive e-amination, but merit and fitness is re'uired. . :hose which by their nature are policy.determining, primarily confidential, or highly technical 122;3 a. Primari 4 Con'i*entia !uch more than ordinary confidence is reposed in the occupant of position that is primarily confidential 1based on nature of responsibility of the position, not by administrative legislative description of position3 b. Po ic45*eterminin. One charged with the duty to formulate a method or action for the government or any of its subdivisions. c. #i.h 4 technica Occupant is re'uired to possess a technical s+ill or training in the supreme or superior degree. P&r(ose o' *ec arin. as PP#: :o e-empt these categories from competitive e-amination as a means to determining merit and fitness. Pro6imit4 R& e: Every appointment implies confidence, but much more than ordinary confidence is reposed in the occupant of a position that is primarily confidential. :he latter phrase denotes not only confidence in aptitude of the appointee for the duties of the office but primarily close intimacy which insures freedom of intercourse without embarrassment or freedom from misgivings of betrayals of personal trust or confidential matters of state. C assi'ication o' (osition in the Ci3i Ser3ice (er Ci3i Ser3ice Co*e 0P7 8971 base* on *eterminin. ten&re /. Career Service 8 characteri4ed by a. Entrance based on merit and fitness to be determined as far as practicable by competitive e-aminations, or based on highly technical 'ualifications9 b. Security of tenure9 c. Opportunity for advancement to higher career positions. 0. Non.career Service 8 characteri4ed by

a. Entrance on bases other than those of the usual tests of merit and fitness utili4ed for the career service9 b. :enure which is limited to a period specified by law, or which is coterminous with that of the appointing authority or sub$ect to his pleasure, or which is limited to the duration of a particular pro$ect for which purpose employment was made. Abo ition o' o''ice should be done, /. =n good faith 0. Not for personal or political reasons ). Not in violation of the law Q >oes the 2resident have the authority to reorgani4e the e-ecutive department" # <es. #nd this can include deactivation of offices. Q # permanent appointment is e-tended. :he CSC approves it as temporary in the belief that somebody else is better 'ualified. !ay the Commission do so" # No. :he sole function of the Commission is to attest to the 'ualification of the appointee. Partisan Po itica Cam(ai.n 8 2artisan political activity includes every form of solicitation of the elector?s vote in favor of a specific candidate. =t includes contribution of money for election purposes and distribution of handbills. ;owever, it does not prevent any officer or employee from e-pressing his views on current political problems or issues, or from mentioning the names of candidates for public office whom he supports. Note :he prohibition does not apply to department secretaries. Note @ight to organi4e 1allowed3 is different from the right to stri+e. P&r(ose o' the ci3i ser3ice s4stem .:o establish and promote professionalism and efficiency in public service. Section : :he Civil Service Commission, as the central personnel agency of the government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. =t shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ran+s, and institutionali4e a management climate conducive to public accountability. =t shall submit to the 2resident and Congress an annual report of its personnel programs. Section 6 No candidate who has lost in any election shall, within / year after such election, be appointed to any office in the Government or any GOCCs or in any of its subsidiaries 1prohibition of appointment of Alameduc+sB3. P&r(ose :he e-tirpation of the Cspoils system?. Section 7 No elective official shall be eligible for appointment during designation in any capacity to any public office or position during this tenure. (nless otherwise allowed by law or by the preliminary functions of his function, no appointive office shall hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including GOCCs or their subsidiaries. E6ce(tion to Section 7 D2 may be appointed member of the Cabinet, and a !ember of Congress is designated to sit in the Eudicial and Far Council.

Section 8 No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authori4ed by law, nor accept without the consent of the Congress, any present, emolument, office, or title of any +ind from any foreign government. 2ensions or gratuities shall not be considered as additional, double, or indirect compensation. P&r(ose 6undamental principle that a public office is a public trust. A**itiona Com(ensation 8 one and the same office for which the compensation has been fi-ed therein is added to such fi-ed compensation an e-tra reward in the form, for instance, of a bonus. 1not allowed in the absence of a law authori4ing it3. 7o&b e Com(ensation 8 two sets of compensation for two different offices held concurrently by one officer. 1allowed only when specifically authori4ed by law to receive double compensation3 Note :he 2resident, under certain circumstances, can authori4e double compensation.

C" T#E COMMISSION ON ELECTIONS %&a i'ications :here shall be a Commission on Elections composed of a Chairman and % Commissioners who shall be /. Natural.born citi4ens of the 2hilippines and 0. #t the time their appointment, at least ), years of age, ). ;olders of a college degree, 5. #nd must not have been candidates for any elective position in the immediately preceding elections. ,. ;owever, a ma$ority thereof, including the Chairman, shall be members of the 2hilippine Far who have been elected in the practice of law for at least /& years. Terms :he Chairman and the Commissioners shall be appointed by the 2resident with the consent of the Commission on #ppointments for a term of 7 4ears without reappointment. Of those first appointed, three members shall hold office for 7 years, two members for ; 4ears, and the last members for : 4ears, without reappointment. #ppointment to any vacancy shall be only for the une-pired term of the predecessor. =n no case shall any member be appointed or designated in a temporary or acting capacity. En.a.e* in the (ractice o' a) 8 engaged in any activity, or out of court, which re'uires the application of law, legal procedure, +nowledge, training and e-perience. Section 2 :he CO!EGEC shall e-ercise the following functions /. Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. 0. E-ercise e-clusive original $urisdiction over all contests relating to the elections, returns, and 'ualifications of all elective regional, provincial, and city officials, and appellant $urisdiction over all contests involving elective municipal officials decided by trial courts of general $urisdiction, or involving elective barangay officials decided by trial courts of limited $urisdiction. >ecisions, final orders, or rulings of the CO!EGEC contests involving elective municipal and barangay officials shall be final, e-ecutor, and not appealable. ). >ecide, e-cept those involving the right to vote, all 'uestions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.

5. >eputi4e, with the concurrence of the 2resident, law enforcement agencies and instrumentalities of the Government, including the #62, for the e-clusive purpose of ensuring free, orderly, honest, peaceful, and credible elections. ,. @egister after sufficient publication, political parties, organi4ations, or coalitions which, in addition to other re'uirements, must present their platform or program of government9 and accredit citi4ens? arms of the CO!EGEC. @eligious denominations and sect shall not be registered. :hose which see+ to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall li+ewise be refused registration. 6inal contributions from foreign governments and their agencies to political parties, organi4ations, coalitions, or candidates related to election constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission in addition to their penalties that may be prescribed by law. %. 6ile, upon a verified complaint, or on its own initiative, petitions in court for inclusion or e-clusion of voters9 investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices. 7. @ecommend to the Congress effective measures to minimi4e election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penali4e all forms of election frauds, offenses, malpractices, and nuisance candidacies. H. @ecommend the 2resident the removal of any officer or employee it has deputi4ed, or the imposition of any other disciplinary action, for violation or disregard or, or disobedience to its directive, order, or decision. I. Submit to the 2resident and Congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall. Nat&re: #dministrative agency9 e-ecutive, 'uasi.$udicial, and 'uasi.legislative. =t has also been given $udicial power as $udge with e-clusive original $urisdiction over Call contests relating to election, returns, and 'ualifications of all elective regional, provincial, and city officials, and appellate $urisdiction over all contests involving elective municipal officials decided by trial courts of general $urisdiction, or involving elective barangay officials decided by trial courts of limited $urisdiction. Note: /I7) Constitution Asole $udge of all contestsB /IH7 Constitution Ae-clusive $urisdiction over all contestsB Q >oes CO!EGEC have $urisdiction to issue writs of certiorari, mandamus, 'uo warranto or habeas corpus" # <es, but only in aid of its appellate $urisdiction over election protests cases involving elective municipal officials decided by courts of general $urisdiction. Q >oes the CO!EGEC have $urisdiction over plebiscites" # <es 1does not call for $udicial power, no violation of legally demandable right and its enforcement, no plaintiff or defendant3 Q >oes to CO!EGEC have $urisdiction over intra.party disputes" @ <es

Q !ay the Commission promulgate rules and regulations for the implementation of election laws" @ <es. Such power is deemed implicit in the power to implement regulations. Q >oes the Commission have the power to transfer municipalities from one congressional district to another for the purpose of preserving proportionality" # No. =t is not one of the broad powers granted to the Commission. Perio* 'or ma<in. an a((ea 8 , day period 1/II) CO!EGEC @ules of 2rocedure3 Q *hat is the difference between the $urisdiction of CO!EGEC before the proclamation and its $urisdiction after the proclamation" Or put differently, what is the difference between the $urisdiction of CO!EGEC over a pe.proclamation controversy and its $urisdiction over contests" # =ts $urisdiction over a pre.proclamation controversy is administrative or 'uasi.$udicial and is governed by the less stringent re'uirements of administrative due process whereas its $urisdiction over AcontestsB is $udicial and is governed by the re'uirements of $udicial process. Note SJ elections are not sub$ect to the supervision of CO!EGEC but with >=GG. Note: =t is only in the e-ercise of ad$udicatory or 'uasi.$udicial powers that CO!EGEC is mandated to hear and decide cases first by division and the, upon motion for recommendation, by the CO!EGEC en banc. !oreover, the rule is that only decisions of CO!EGEC en banc may be brought to Court on certiorari. ;owever, where the division of CO!EGEC decides a motion for reconsideration in violation of #rticle I, C, ), the division?s ruling is complete nullity and may be brought to the Court on certiorari. Note :he final orders, rulings and decisions of the CO!EGEC reviewable on certiorari by the SC as provided by law are those rendered in actions or proceedings before the CO!EGEC and ta+en cogni4ance of by said body in the e-ercise of its ad$udicatory or 'uasi.$udicial powers. :he RTC on the other hand, is given e-clusive authority to try and decide criminal cases involving elections. *hen the CO!EGEC as prosecutor files a case before the trial court, the trial court ac'uires $urisdiction and all subse'uent dispositions of the case must be sub$ect to approval by the court. ;ence, the court may order reinvestigation and re'uire submission of records of the preliminary e-amination to satisfy itself that there is probable cause for the issuance of a warrant of arrest. Note: Section 01%3 #rticle I vests in the CO!EGEC the power to investigate, and, )here a((ro(riate= omissions constituting election frauds, offenses, and malpractices. :he phrase Cwhere appropriate? leaves to the legislature the power to determine the +ind of election offenses that the CO!EGEC shall prosecute e-clusively or concurrently with other prosecuting arms of the government. Po)er that *oes not be on. to the COMELEC .deciding 'uestions involving the right to vote Q *hat political parties and organi4ations may not be registered" # @eligious denominations and sects and organi4ations which see+ to achieve their goals through violence or unlawful means or refuse to uphold and adhere to the Constitution, or which are supported by foreign governments, may not be registered. Note Gay organi4ations with religious affiliations and political parties may be registered. Section : :he CO!EGEC may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to e-pedite disposition of election cases, including preproclamation controversies. #ll such election

cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc. 1in the e-ercise of ad$udicatory or 'uasi.$udicial powers3 Section > :he Commission may, during the election period, supervise or regulate the en$oyment or utili4ation of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges, or concessions granted by the Government or any subdivision, agency, or instrumentality thereof, including any GOCC or its subsidiary. Such supervision or regulation shall aim to ensure e'ual opportunity, time, and space, and the right to reply, including reasonable, e'ual rates therefore, for public information campaigns and forums among candidates in connection with the ob$ective of holding free, orderly, honest, peaceful, and credible elections. Q >oes the power to regulate media during Celection period? also e-tend to the period of a plebiscite or referendum" # <es. Of essence to plebiscite and referenda is Afair submissionB. !oreover, the formulation of the Constitution is more important in a sense than the choice of men who will implement that charter. Evidently, therefore, regulatory power during the period of plebiscite or referendum, is also intended. Limitations on the (ar*onin. a&thorit4 o' the Presi*ent Section ; No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the 2resident without the favorable recommendation of the Commission. Section 6 # free and open party system shall be allowed to evolve according to the free choice of the people, sub$ect to the provisions of this article. Po itica (arties 8 organi4ed group of persons pursuing the same political ideals in a government and includes its branches, and divisions. Im(ortance o' re.istration o' a (o itica (art4: /. @egistration confers $uridical personality on the party. 0. =t informs the public of the party?s e-istence and ideals. ). =t identifies the party and its officers for purposes of regulation by the CO!EGEC. Section 7 No votes cast in favor of a political party, organi4ation, or coalition shall be valid, e-cept for those registered under the party.list system as provided in the Constitution. Section 8 2olitical parties, or organi4ations or coalitions registered under the party.list system, shall not be represented in the voters? registration boards of election inspectors, boards of canvassers, or other similar bodies. ;owever, they shall be entitled to appoint poll watchers in accordance with law. Section 9 (nless otherwise fi-ed by the Commission in special cases, the election period shall commence I& days before the day of election and shall end )& days thereafter. Section 9 Fona fide candidates for any public office shall be free from any form of harassment and discrimination. Section ?9 6unds certified by the Commission as necessary to defray the e-penses for holding regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or special appropriations and, once approved, shall be released automatically upon certification by the Chairman of the Commission.

7" T#E COMMISSION ON AU7IT %&a i'ications Section ? 0?1 :here shall be a Commission on #udit composed of a Chairman and 0 Commissioners who shall be /. Natural.born citi4ens of the 2hilippines and 0. #t the time their appointment, at least ), years of age, ). Certified 2ublic #ccountant with not less than /& years of auditing e-perience, 5. Or members of the 2hilippine Far who have not engaged in the practice of law for at least /& years, ,. #nd must not have been candidates for any elective position in the elections immediately preceding their appointment. %. #t no time shall all members of the Commission belong to the same profession. 021 :he Chairman and the Commissioner shall be appointed by the 2resident with the consent of the Commission on #ppointments for a term of 7 years without reappointment. Of those first appointed, the Chairman shall hold office for 7 years, One Commissioner for , years, and the other Commissioner for ) years, without reappointment. #ppointment to any vacancy shall be only for the une-pired portion of the term of the predecessor. =n no case shall any member be appointed or designated in a temporary or acting capacity. Section 2 0?1 :he Commission on #udit shall have the power, authority, and duty to e-amine, audit, and settle all accounts pertaining to the revenue and receipts of, and e-penditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or instrumentalities, including GOCCs with original charters, and on a post.audit basis 1#3 Constitutional bodies, Commissions and offices that have been granted fiscal autonomy under this Constitution9 1F3 #utonomous state colleges and universities9 1C3 Other GOCCs and their subsidiaries9 and 1>3 such Non. governmental entities receiving subsidy or e'uity, directly or indirectly, from or through the government, which are re'uired by law or the granting institution to submit to such audit as a condition of subsidy or e'uity. ;owever, where the internal control system of the audited agencies is inade'uate, the Commission may adopt such measures, including temporary or special pre.audit, as are necessary and appropriate to correct the deficiencies. =t shall +eep the general accounts of the Government and, for such period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto. 021 :he Commission shall have e-clusive authority, sub$ect to the limitations in this #rticle, to define the scope of its audit and e-amination, establish the techni'ues and methods re'uired therefore, and promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, e-cessive, e-travagant, or unconscionable e-penditures, or uses of government funds and properties. ,enera @&nction: =t is the function of the Commission of #udit to e-amine the accuracy of the records +ept by accountable officers and to determine whether e-penditures have been made in conformity with law. =t is therefore through the CO# that the people can verify whether their money has been property spend. @&nctions: /. :o e-amine and audit all forms of government revenues9 0. :o e-amine and audit all forms of government e-penditures9 ). :o settle government accounts9 5. :o promulgate accounting and auditing rules Aincluding those for the preventions and disallowance of irregular, unnecessary, e-cessive, e-travagant, or unconscionable e-penditures,B and9

,. :o decide administrative cases involving e-penditures of public funds. Note: :he Commission has authority not $ust over accountable officers but also over other officers who perform functions related to accounting. Po)er o' the Commission to Asett e acco&ntsB . the power to settle li'uidated accounts, that is, those accounts which may be ad$usted simply by an arithmetical process. =t does not include the power to fi- the amount of an unfixed or undetermined debt.. Section : No law shall be passed e-empting any entity of the Government or its subsidiary in any guise whatever, or any investment or public funds, from the $urisdiction or the CO#. Section > :he Commission shall submit to the 2resident and the Congress, within the time fi-ed by law, an annual report covering the financial conditions and operation of the Government, its subdivisions, agencies, and instrumentalities, including GOCCs, and non.governmental entities sub$ect to its audit, and recommend measures necessary to improve their effectiveness and efficiency. =t shall submit such other reports as may be re'uired by law.