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CONSTITUTIONAL LAW 1 THEORY > ARTICLE IX - CONSTITUTIONAL COMMISSIONS > Flashcards

ARTICLE IX - CONSTITUTIONAL COMMISSIONS Flashcards

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1
Q

What are the characteristics of constitutional commissions to ensure their independence?

A
  1. They are constitutionally created and may not be abolished by statute
  2. Each is expressly described as independent
  3. Each is conferred certain powers and functions which cannot be reduced by statute
  4. The Chairmen and members cannot be removed except by impeachment
  5. The Chairmen and members are given a fairly long term of office of seven years
  6. The Chairmen and members may not be reappointed or appointed in an acting capacity
  7. The salaries of the Chairman and members are relatively high and may not be decreased during continuance in office
  8. The Commissions enjoy fiscal autonomy
  9. Each Commission may promulgate its own procedural rules, provided they do not diminish, increase or modify substantive rights (though subject to disapproval by the Supreme Court)
  10. The Chairmen and members are subject to certain disqualifications calculated to strengthen their integrity
  11. The Commissions may appoint their own officials and employees in accordance with Civil Service Law.
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2
Q

What are the independent constitutional commissions?

A
  1. Civil Service Commission
  2. Commission on Elections
  3. Commission on Audit
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3
Q

What is a commission?

A

A commission is a board or committee officially appointed and empowered to perform certain acts or exercise certain jurisdiction of a public nature or relation.

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4
Q

What is the composition of the CSC?

A

1 Chairman and 2 commissioners

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5
Q

What is the composition of the COMELEC?

A

1 Chairman and 6 commissioners

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6
Q

What is the composition of the COA?

A

1 Chairman and 2 commissioners

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7
Q

T or F
Although their respective functions are executive in nature, the constitutional commissions are NOT under the control of the President

A

True.

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7
Q

T or F
Although their respective functions are executive in nature, the constitutional commissions are NOT under the control of the President

A

True.

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8
Q

Is the Commission on Human Rights a constitutional commission?

A

No.

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9
Q

T or F
No member of a Constitutional Commission shall, during his tenure, hold any other office or employment, nor engage in the practice of any profession or in active management or control of any business which may be affected by the functions of his office.

A

True.

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10
Q

No member of a Constitutional Commission shall be financially interested, directly or indirectly in any contract with, or in any franchise or privilege granted by the Government.

A

True.

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11
Q

T or F

The salary of the Chairman and the Commissioners shall be fixed by law and shall not be decreased during their tenure.

A

True.

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12
Q

T or F

The Constitutional Commissions shall appoint their officials and employees in accordance with law.

A

True.

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13
Q

T or F
The constitutional commissions shall enjoy fiscal autonomy, and their approved annual appropriations shall be automatically and regularly released.

A

True.

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14
Q

What does fiscal autonomy mean?

A

It contemplates a guarantee of full flexibility to allocate and utilize their resources with the wisdom and dispatch that their needs require.

It means FREEDOM FROM OUTSIDE CONTROL.

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15
Q

T or F
Congress is not prohibited from reducing appropriations of constitutional commissions below the amount appropriated for them for the previous year.

A

True. Compare with Judiciary - may not be reduced below

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16
Q

Does the CHR enjoy fiscal autonomy?

A

Only limited fiscal autonomy.

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17
Q

T or F
Each Constitutional Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules shall not diminish, increase or modify substantive rights.

A

True.

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18
Q

T or F
Each Commission shall decided by a majority vote of all its Members, any case or matter brought before it within 30 days from the date of its submission for decision or resolution.

A

False, 60 days.

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19
Q

T or F
A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief or memorandum required by the rules of the Commission or by the Commission itself.

A

True.

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20
Q

T or F
The constitutional commissions are collegial bodies whose manner of working is characterized by a sharing of responsibility among the chairman and the commissioners

A

True.

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21
Q

T or F

Each Commission shall perform such other function provided by law.

A

True.

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22
Q

What are the qualifications of the Chairman and commissioners of the CSC?

A
  1. Natural born citizens
  2. At least 35 yo at the time of appointment
  3. With proven capacity for public administration
  4. Must not have been candidates for any elective position in the elections immediately preceding their appointment.
23
Q

T or F
The Chairman and Commissioners of the CSC shall be appointed by the President with the consent of the Commission on Appointments for a term of 6 years with reappointment.

A

False, 7 years without reappointment.

24
Q

Discuss the term and the rules of the term of the Chairman and Commissioner for the CSC.

A

Term of office - 7 years
Appointment to vacancy - only for unexpired term of predecessor
Prohibited - to be appointed in a temporary or acting capacity.

25
Q

T or F
A temporary or acting appointee as Chairman or Commissioner of any of the Constitutional Commissions is unconstitutional.

A

True.

26
Q

What is the scope of the Civil Service Commission?

A

It embraces all branches, subdivisions, instrumentalities and agencies of the Government, including GOCCs with original charters.

27
Q

What governs GOCCs without original charters?

A

Officers and employees of such GOCC are covered by the Labor code and not the Civil Service Law.

28
Q

T or F

The CSC is the sole arbiter of controversies relating to the civil service.

A

True.

29
Q

T or F
No candidate who has lost in any election shall within 1 year after such election be appointed to any office in the Government or GOCCs

A

True. Political lame ducks

30
Q

T or F
No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law.

A

True.

31
Q

Differentiate additional and double compensation.

A

Additional - one office and there has been fixed an added compensation

Double - 2 sets of compensation for 2 different offices held by 1 officer.

32
Q

What is the composition of the COMELEC?

A

1 Chairman and 6 Commissioners

33
Q

What are the qualifications of the chairman and commissioners of the COMELEC?

A
  1. Natural-born citizens
  2. At least 35 at date of appointment
  3. College degree holder
  4. Not have been a candidate in the immediately preceding elections
  5. Majority of the COMELEC shall be members of the Philippine Bar including the Chairman who shall have been engaged in the practice of law for at least 10 years.
34
Q

Discuss the powers of the COMELEC.

A
  1. Enforcement and administration of all laws and regulations relative to the CONDUCT OF ELECTIONS
  2. Resolution and determination of election controversies

Its powers are divided into:

a. Administrative - conduct of elections
b. Quasi-legislative - issuance of rules
c. Quasi-judicial - resolution of election cases

35
Q

T or F
COMELEC has the power to promulgate its rules of procedure with the primary objective of ensuring expeditious disposition of election cases.

A

True

36
Q

What is the term of a chairman and commissioner of COMELEC?

A

7 YEARS without reappointment

Appointment to any vacancy is only for the unexpired term of predecessor

37
Q

T or F

The President may appoint a chairman or commissioner of COMELEC in a temporary or acting capacity.

A

False, may not.

38
Q

What is a pre-proclamation controversy?

A

It refers to any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the Commission, or any matter raised in relation to preparation, transmission, receipt, custody and appreciation of election returns.

39
Q

T or F

The COMELEC has the power to liberally interpret or even suspend its rules of procedure in the interest of justice.

A

True.

40
Q

T or F
All election cases shall be heard and decided in division, but motions for reconsideration of decisions shall be decided by the COMELEC EN BANC.

A

True. But applies only to cases where the COMELEC exercises quasi-judicial power.

41
Q

T or F
No pardon, amnesty, parole or suspension of sentence for violation of election laws, rules and regulations shall be granted by the President without favorable recommendation of the COMELEC.

A

True.

42
Q

T or F

A free and open party system shall be allowed to evolve according to the free choice of the people.

A

True.

43
Q

T or F
Unless otherwise fixed by the Commission in special cases, the election period shall commence 90 days before the day of the election and shall end 30 days thereafter.

A

True.

44
Q

T or F

COMELEC enjoys fiscal autonomy.

A

True.

45
Q

What is the composition of the Commission on Audit?

A

1 Chairman and 2 commissioners.

46
Q

What are the qualifications of the chairman and commissioners of COA?

A
  1. natural born citizen
  2. at least 35 years of age
  3. CPA w not less than 10 yrs exp in audit or member of PH Bar engaged in 10 years of practice of law.
  4. must not have been candidates for any elective position in the preceding elections
  5. At no time shall members of the COA belong to the same profession
47
Q

Discuss the term of office of members of the COA.

A

7 years without reappointment, and appointment to vacancy shall only be for unexpired portion of predecessor

Also, there is a prohibition to be designated in a temporary or acting capacity

48
Q

T or F

A promotion from commissioner to chairman is constitutionally permissible.

A

True.

49
Q

T or F

An appointment for less than 7 years is valid.

A

False, it will be unconstitutional

50
Q

T or F
Members of the Constitutional Commission who were appointed for the full 7 years and has served such are barred from reappointment to any position in said commission.

A

True.

51
Q

T or F
Members of the Constitutional Commission who were appointed for the full 7 years and has served such are barred from reappointment to any position in said commission.

A

True.

52
Q

T or F

COA has the power and authority to determine the validity of contracts.

A

False. COA is limited to audit matters only.

53
Q

T or F
Once a court or other adjudicative body validly acquires jurisdiction over a money claim against the government, it exercises and retains jurisdiction over the subject matter to the exclusion of all others including COA.

A

True.

54
Q

T or F

COA’s original jurisdiction is limited to unliquidated claims and quantum meruit cases.

A

False, LIQUIDATED claims and quantum meruit cases.

55
Q

T or F

The COA has no appellate review power over the decisions of any other court or tribunal.

A

True.

CONSTITUTIONAL LAW 1 THEORY (16 decks)

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