[Codals] Article IX - Constitutional Commission

Question 1

SECTION 1 of Article IX - Constitutional Commissions | A. Common Provisions

Answer 1

Article IX - Constitutional Commissions | A. Common Provisions

SECTION 1. The Constitutional Commissions which shall be independent, are the Civil Service Commission, the Commission on Elections and the Commission on Audit.

Section 1, Article IX - Constitutional Commissions | A. Common Provisions, The 1987 Philippine Constitution

Question 2

SECTION 2 of Article IX - Constitutional Commissions | A. Common Provisions

Answer 2

Article IX - Constitutional Commissions | A. Common Provisions

SECTION 2. No Member of a Consitutional 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 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 any Government, any of its subdivisions, agencies or instrumentalities, including government-owned or controlled corporations or their subsidiaries.

Section 2, Article IX - Constitutional Commissions | A. Common Provisions, The 1987 Philippine Constitution

Question 3

SECTION 3 of Article IX - Constitutional Commissions | A. Common Provisions

Answer 3

Article IX - Constitutional Commissions | A. Common Provisions

SECTION 3. The salary of the Chairman and the Commissioners shall be fixed by law and shall not be decresed during their tenure.

Section 3, Article IX - Constitutional Commissions | A. Common Provisions, The 1987 Philippine Constitution

Question 4

SECTION 4 of Article IX - Constitutional Commissions | A. Common Provisions

Answer 4

Article IX - Constitutional Commissions | A. Common Provisions

SECTION 4. The Constitutional Commissions shall appoint their officials and employees in accordance with law.

Section 4, Article IX - Constitutional Commissions | A. Common Provisions, The 1987 Philippine Constitution

Question 5

SECTION 5 of Article IX - Constitutional Commissions | A. Common Provisions

Answer 5

Article IX - Constitutional Commissions | A. Common Provisions

SECTION 5. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released.

Section 5, Article IX - Constitutional Commissions | A. Common Provisions, The 1987 Philippine Constitution

Question 6

SECTION 6 of Article IX - Constitutional Commissions | A. Common Provisions

Answer 6

Article IX - Constitutional Commissions | A. Common Provisions

SECTION 6. Each Commission en banc may promulgatie its own rules concerning pleadings and practice before it or before any of its offices. Such rule however shall not diminish, increase, or modify substantive rights.

Section 6, Article IX - Constitutional Commissions | A. Common Provisions, The 1987 Philippine Constitution

Question 7

SECTION 7 of Article IX - Constitutional Commissions | A. Common Provisions

Answer 7

Article IX - Constitutional Commissions | A. Common Provisions

SECTION 7. Each Commission shall decide by a majority vote of all its Members any case or matter brought before it within sixty days from the date of its submission for decision or resolution. 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. Unless otherwise provided by this Constitution or by law, any decision, order or ruling of each Commission may be brought to the Supreme Court on certiorari within thirty days from receipt of copy thereof.

Section 7, Article IX - Constitutional Commissions | A. Common Provisions, The 1987 Philippine Constitution

Question 8

SECTION 8 of Article IX - Constitutional Commissions | A. Common Provisions

Answer 8

Article IX - Constitutional Commissions | A. Common Provisions

SECTION 8. Each Commission shall perform such other functions as may be provided by law.

Section 8, Article IX - Constitutional Commissions | A. Common Provisions, The 1987 Philippine Constitution

Question 9

SECTION 1 of Article IX - Constitutional Commissions | B. The Civil Service Commission

Answer 9

Article IX - Constitutional Commissions | B. The Civil Service Commission

SECTION 1. (1) The Civil Service shall be administered by the Civil Service Commission composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections immediately preceding their appointment.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission of Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and another Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecesor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Section 1, Article IX - Constitutional Commissions | B. The Civil Service Commission, The 1987 Philippine Constitution

Question 10

SECTION 2 of Article IX - Constitutional Commissions | B. The Civil Service Commission

Answer 10

Article IX - Constitutional Commissions | B. The Civil Service Commission

SECTION 2. (1) The civil service embraces all branches, subdivisions, insturmentalities and agencies of the Government, including government-owned or controlled corporations with original charters.
(2) Appointment in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, an,d except to positions which are policy-detemining, primarily confidential, or highly technical, by competitive examination.
(3) No officer or employee of the civil service shall be removed or suspended except for cause provided by law.
(4) No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign.
(5) The right to self-organization shall not be denied to government employees.
(6) Temporary employees of the government shall be given such protection as may provided by law.

Section 2, Article IX - Constitutional Commissions | B. The Civil Service Commission, The 1987 Philippine Constitution

Question 11

SECTION 3 of Article IX - Constitutional Commissions | B. The Civil Service Commission

Answer 11

Article IX - Constitutional Commissions | B. The Civil Service Commission

SECTION 3. The Civil Service Commission, as the central personnel agency of the Government, shall establish a career service and asopt measures to promote morale, efficiency, integrity, responsiveness, progresiveness, and courtesy in the civil service. It shall stregnthen the merits and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. It shall submit to the President and the Congress an annual report on its personnel programs.

Section 3, Article IX - Constitutional Commissions | B. The Civil Service Commission, The 1987 Philippine Constitution

Question 12

SECTION 4 of Article IX - Constitutional Commissions | B. The Civil Service Commission

Answer 12

Article IX - Constitutional Commissions | B. The Civil Service Commission

SECTION 4. All public officers and employess shall take an oath or affirmation to uphold and defend this Constitution.

Section 4, Article IX - Constitutional Commissions | B. The Civil Service Commission, The 1987 Philippine Constitution

Question 13

SECTION 5 of Article IX - Constitutional Commissions | B. The Civil Service Commission

Answer 13

Article IX - Constitutional Commissions | B. The Civil Service Commission

SECTION 5. The Congress shall provide for the standardization of compensation of government officials and employees, including those in government-owned or controlled corporations with original charters, taking into account the nature of reponsibilities pertaining to, and the qualifications required for their positions.

Section 5, Article IX - Constitutional Commissions | B. The Civil Service Commission, The 1987 Philippine Constitution

Question 14

SECTION 6 of Article IX - Constitutional Commissions | B. The Civil Service Commission

Answer 14

Article IX - Constitutional Commissions | B. The Civil Service Commission

SECTION 6. No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government or any government-owned or controlled corporations or in any of their subdiaries.

Section 6, Article IX - Constitutional Commissions | B. The Civil Service Commission, The 1987 Philippine Constitution

Question 15

SECTION 7 of Article IX - Constitutional Commissions | B. The Civil Service Commission

Answer 15

Article IX - Constitutional Commissions | B. The Civil Service Commission

SECTION 7. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.

Unless otherwise allowable by law or by the primary functions of his position, no appointive official shall hold any other other office or employment in the Government or in any subdivision, agency or instrumentality thereof, including government-owned or controlled coporations or their subsidiaries.

Section 7, Article IX - Constitutional Commissions | B. The Civil Service Commission, The 1987 Philippine Constitution

Question 16

SECTION 8 of Article IX - Constitutional Commissions | B. The Civil Service Commission

Answer 16

Article IX - Constitutional Commissions | B. The Civil Service Commission

SECTION 8. No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office, or title of any kind from any foreign government.
Pensions or gratutities shall not be considered as additional, double, or indirect compensation.

Section 8, Article IX - Constitutional Commissions | B. The Civil Service Commission, The 1987 Philippine Constitution

Question 17

SECTION 1 of Article IX - Constitutional Commissions | C. The Commission on Elections

Answer 17

Article IX - Constitutional Commissions | C. The Commisison on Elections

SECTION 1. (1) There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be Members of the Philippine Bar who have been engaged in the practice of law for at least ten years.
(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Section 1, Article IX - Constitutional Commissions | C. The Commission on Elections, The 1987 Philippine Constitution

Question 18

SECTION 2 of Article IX - Constitutional Commissions | C. The Commission on Elections

Answer 18

Article IX - Constitutional Commissions | C. The Commisison on Elections

SECTION 2. The Commission on Elections shall exercise the following powers and functions:
(1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.
(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial,
and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.
Decisions, final orders, or rulings of the Commission on Elections contests involving elective municipal and barangay offices shall be final, executory, and not appealable.
(3) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.
(4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.
(5) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens’ arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek 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 likewise be refused registration.
Financial contributions from foreign governments and theiragencies to political parties, organizations, coalitions, or candidates related to elections 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 other penalties that may be prescribed by law.
(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.
(7) Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.
(8) Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to its directive, order, or decision.
(9) Submit to the President and the Congress a comprehensive report on the conduct of each election, plebescite, inititative, referendum, or recall.

Section 2, Article IX - Constitutional Commissions | C. The Commission on Elections, The 1987 Philippine Constitution

Question 19

SECTION 3 of Article IX - Constitutional Commissions | C. The Commission on Elections

Answer 19

Article IX - Constitutional Commissions | C. The Commisison on Elections

SECTION 3. The Commission on Elections may sit en banc, or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre-proclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commisison en banc.

Section 3, Article IX - Constitutional Commissions | C. The Commission on Elections, The 1987 Philippine Constitution

Question 20

SECTION 4 of Article IX - Constitutional Commissions | C. The Commission on Elections

Answer 20

Article IX - Constitutional Commissions | C. The Commisison on Elections

SECTION 4. The Commission may, during the election period, supervise or regulate the enjoyment or utilization 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 government-owned or controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, time, and space, and the right to reply, including reasonable,
equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, honest, peaceful, and credible elections.

Section 4, Article IX - Constitutional Commissions | C. The Commission on Elections, The 1987 Philippine Constitution

Question 21

SECTION 5 of Article IX - Constitutional Commissions | C. The Commission on Elections

Answer 21

Article IX - Constitutional Commissions | C. The Commisison on Elections

SECTION 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission.

Section 5, Article IX - Constitutional Commissions | C. The Commission on Elections, The 1987 Philippine Constitution

Question 22

SECTION 6 of Article IX - Constitutional Commissions | C. The Commission on Elections

Answer 22

Article IX - Constitutional Commissions | C. The Commisison on Elections

SECTION 6. A free and open party system shall be allowed to evolve according to the free choice of the people, subject to the provisions of this Article.

Section 6, Article IX - Constitutional Commissions | C. The Commission on Elections, The 1987 Philippine Constitution

Question 23

SECTION 7 of Article IX - Constitutional Commissions | C. The Commission on Elections

Answer 23

Article IX - Constitutional Commissions | C. The Commisison on Elections

SECTION 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this Constitution.

Section 7, Article IX - Constitutional Commissions | C. The Commission on Elections, The 1987 Philippine Constitution

Question 24

SECTION 8 of Article IX - Constitutional Commissions | C. The Commission on Elections

Answer 24

Article IX - Constitutional Commissions | C. The Commisison on Elections

SECTION 8. Political parties, or organizations or coalitions registered under the party-list system, shall not be represented in the voters’ registration boards, boards of election inspectors, boards of canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in accordance with law.

Section 8, Article IX - Constitutional Commissions | C. The Commission on Elections, The 1987 Philippine Constitution

Question 25

SECTION 9 of Article IX - Constitutional Commissions | C. The Commission on Elections

Answer 25

Article IX - Constitutional Commissions | C. The Commisison on Elections

SECTION 9. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of the election and shall end thirty days after.

Section 9, Article IX - Constitutional Commissions | C. The Commission on Elections, The 1987 Philippine Constitution

Question 26

SECTION 10 of Article IX - Constitutional Commissions | C. The Commission on Elections

Answer 26

Article IX - Constitutional Commissions | C. The Commisison on Elections

SECTION 10. Bona fide candidates for any public o􀀼ce shall be free from any form of harassment and discrimination.

Section 10, Article IX - Constitutional Commissions | C. The Commission on Elections, The 1987 Philippine Constitution

Question 27

SECTION 11 of Article IX - Constitutional Commissions | C. The Commission on Elections

Answer 27

Article IX - Constitutional Commissions | C. The Commisison on Elections

SECTION 11. Funds certifieed by the Commission as necessary to defray the expenses 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.

Section 11, Article IX - Constitutional Commissions | C. The Commission on Elections, The 1987 Philippine Constitution

Question 28

SECTION 1 of Article IX - Constitutional Commissions | D. Commission on Audit

Answer 28

Article IX - Constitutional Commissions | D. The Commisison on Audit

SECTION 1. (1) There shall be a Commission on Audit composed of a Chairman and two Commissioners who shall be natural-born citizen of the Philippines and, at the time of their appointment, at least thirty-five years of age, certified public accountant with not less than ten years of auditing experience, or members of the Philippines bar who have been engaged in the practice of law for at least ten years, and must not have been candidates for any elective position in the elections immediately preceeding their appointment. At not time shall all Members of the Commission shall belong to the same profession.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years, without reappointment, Of those first appointed, the Chairman shall hold office for seven years, one Commissioner for five years, and the other Commissioner for three years. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any Member be appointed or designate in a temporary or acting capacity.

Section 1, Article IX - Constitutional Commissions | D. Commission on Audit The 1987 Philippine Constitution

Question 29

SECTION 2 of Article IX - Constitutional Commissions | D. Commission on Audut

Answer 29

Article IX - Constitutional Commissions | D. The Commisison on Audit

SECTION 2. (1) The Commission on Audit shall have the power, authority, and duty to examine, audit, and settle all accounts, pertaining to the revenues and receipts of, expenditures or uses of funds and property, owned or held in trust by, or pertatining to, the Government, or any of its subdivisions, agencies and instrumentatlities including government-owned or controlled coporations with original charters, and on a post-audit basis: (1) constitutional bodies, commissions and offices that have been granted with fiscal autonomy under this Constitution; (2) autonomous state colleges and universities; (3) other government-owned or controlled coporations and their subsidiaries; and (4) such non-governmental entities receiving subsidy or equity directly or indirectly, from or through the Government, which are required by law or the granting institution to submit to such audit as a condition of the subsidy or equity. However, where the internal control systems of the audited agencies are inadequate, the Commission may adopt such measures, including temporary or special pre-audit, as are necessary and appropriat to correct the deficiencies. It shall keep 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.

(2) The Commission shall have exclusive authority, subject to the limitations in this Article, to define the scope of its audit and examination, establish the techniques and methods required therefor, and promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, and unconscionable expenditures or uses of government funds and properties.

Section 2, Article IX - Constitutional Commissions | D. Commission on Audit The 1987 Philippine Constitution

Question 30

SECTION 3 of Article IX - Constitutional Commissions | D. Commission on Audut

Answer 30

Article IX - Constitutional Commissions | D. The Commisison on Audit

SECTION 3. No law shall be passed exempting any entity of the Goverment or its subsdiary in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit.

Section 3, Article IX - Constitutional Commissions | D. Commission on Audit The 1987 Philippine Constitution

Question 31

SECTION 4 of Article IX - Constitutional Commissions | D. Commission on Audut

Answer 31

Article IX - Constitutional Commissions | D. The Commisison on Audit

SECTION 4. The Commission shall submit to the President and the Congress, within the time fixed by law, an annual report covering the financial condition and operation of the Government, its subdivisions, agencies and instrumentalities, including government-owned or controlled corporations, and non-governmental entities subject to its audit, and recommend measures necessary to improve their effectiveness and efficiency. It shall submit such other reports as may be required by law.

Section 4, Article IX - Constitutional Commissions | D. Commission on Audit The 1987 Philippine Constitution