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Article Ix. Constitutional Commission A. Common Provisions: The Civil Service Commission
Article Ix. Constitutional Commission A. Common Provisions: The Civil Service Commission
1. CIVIL SERVICE COMMISSION (CSC) 1. Each commission shall decide matter or cases
2. COMMISSION ON ELECTION (COMELEC) by a majority vote of all the members within 60
3. COMMISSION ON AUDIT (COA) days from submission.
WHAT DOES EACH COMMISSION DO? 2. As Collegial bodies, each commission must act
as one, and no one member can decide a case
1. A Civil Service Commission is a government
for the entire commission.
agency that is constituted by legislature to
regulate the employment and working Appeals:
conditions of civil servants, oversee hiring and
1. Decisions, orders or rulings of the
promotions, and promote the values of the
COMELEC/COA may be brought on certiorari to
public service.
the SC.
2. The Commission on Election is one of the
three constitutional commissions of 2. Decisions, orders or ruling of the CSC should be
the Philippines. Its principal role is to enforce all appealed to the CA.
laws and regulations relative to the conduct
of elections in the Philippines. THE CIVIL SERVICE COMMISSION
3. The Commission on Audit, abbreviated
as COA (Filipino: Komisyon ng Pagsusuri), is an The Civil Service refers to the body of employee in
independent constitutional commission any government agency including all employees of
established by the Constitution of the the government in general.
Philippines. It has the primary function to
COMPOSITION
examine, audit and settle all accounts and
expenditures of the funds and properties of a. Chairperson
the Philippine government.
b. Commissioners (2)
DISQUALIFICATION QUALIFICATIONS
Members cannot during their tenure: a. Natural born Citizen of the Philippines
1. Hold any other office or employment; b. At least 35 years old at the time of their
appointment.
2. Engage in practice of any profession;
c. With proven capacity for public
3. Engage in the active management or control of
administration; and local management.
any business which, in any way, may be
affected by the functions of their office; and d. NOT a candidate for any elective position in
the elections immediately preceding their
4. Be financially interested direct or indirect, in a
appointment.
any contract, franchise, privilege granted by the
government, any of its subdivisions, agencies, e. Appointees by the President to the CSC need
instrumentalities, including GOCC’s and other Commission on Appointments (CA)
subsidiaries. confirmation.
TERMS
e. Including GOCCs with original charters d. While a person next in rank is entitled
to preferential consideration, it does
Appointments to civil service shall be: not follow that only he, and no one
else, can be appointed. Such person
1. Competitive positions
has no vested right to the position and
a. According to merit and fitness to be the appointing authority is not bound to
determined by competitive examinations, appoint the person next in rank.
as far as practicable except to positions
which are policy-determining, primarily
SECURITY OF TENURE:
confidential, or highly technical.
1. Officers or employees of the Civil Service cannot
2. Non-competitive positions
be removed or suspended EXCEPT for cause
a. No need for competitive examinations. provided by law. It guarantees both procedural
and substantive due process.
b. 3 kinds:
2. For “LEGAL CAUSE” – Cause is:
Policy-determining – formulate a
method of action for the gov’t a. related to and affects the
administration of office, and
Primarily confidential – more than
ordinary confidence; close intimacy b. must be substantial (directly affects the
insures freedom of intercourse without rights & interests of the public)
betrayals of personal trust…
3. Security of tenure for Non-competitive
Highly technical – requires technical positions
skill to a superior degree.
a. Primarily confidential officers and
3. The TEST to determine whether employees hold office only for so long
non/competitive is the Nature of the as confidence in them remains.
responsibilities, NOT the administrative or
b. If there is GENUINE loss of confidence,
legislative description given to it.
there is no removal, but the expiration
4. Both types of positions are entitled to security of the term of office
of tenure. They only differ in the MANNER in
c. Non-career service officers and
which they are filled.
employees do not enjoy security of
tenure.
d. Political appointees in the foreign THE COMMISSION ON ELECTION
service possess tenure coterminous
with that of the appointing authority or The Commission on Elections, usually abbreviated
subject to his pleasure. as COMELEC, is one of the three constitutional
commissions of the Philippines. Its principal role is
4. One must be VALIDLY APPOINTED to enjoy to enforce all laws and regulations relative to the
security of tenure. Thus, one who is conduct of elections in the Philippines.
not appointed by the proper appointing
authority does not acquire security of tenure. COMPOSITION:
a. Chairperson
DISQUALIFICATION b. Commissioners (6)
1. Losing candidates in any election QUALIFICATIONS
2. Elective officials a. Natural-born citizens of the Philippines;
Not eligible for appointment or b. At least 35 years old at the time of
designation ANY CAPACITY to ANY appointment
PUBLIC OFFICE or position during their
tenure. c. Holders of college degrees; and
EXCEPTION: May hold ex officio d. Not candidates for any elective position
positions. in the immediately preceding elections.
b. It has the power to promulgate its own rules of Importance of registration of a political party
procedure in order to expedite disposition of
election cases, including pre-election Registration confers juridical personality on the
controversies. party.
The Commission on Audit, abbreviated as COA (Filipino: b. Expenditures and uses of funds or
Komisyon ng Pagsusuri), is an independent property
constitutional commission established by the Owned or held in trust by, or pertain to:
Constitution of the Philippines. It has the
primary function to examine, audit and settle all a. The Government;
accounts and expenditures of the funds and properties
b. Any of its subdivisions, agencies or
of the Philippine government.
instrumentalities;
COMPOSITION
c. Including GOCC’s with original charters.
1. Chairman
2. Conduct post-audit with respect to the
2. Commissioners (2) following: