Constitutional Commissions Flashcards
To study the provisions of article 9 of the constitution
What are the constitutional commissions provided under section 1 article 9 of the constitution ?
the constitutional commissions are the civil service commission , the commission on elections , and the commission on audit .
what are the prohibitions on the members of the constitutional commissions regarding the holding of another office or employment during their tenure ?
Under section 2 article ix of the constitution the prohibitions are:
1) holding any other office or employment;
2) engage in any practice of profession;
3) engage in in the active management or control of any business which , in any way , may be affected by the functions of his office;
4) direct or indirect financial interest in any franchise or privilege granted by the government , any of its subdivisions , agencies , or instrumentalities comma including government-owned or controlled corporations or their subsidiaries.
What is the general rule regarding the salary of the chairman and the commissioners of the constitutional commissions?
Under section 3 article ix of the constitution , the salary of the chairman and the commissioners shall be fixed by law and shall not be decreased during their tenure .
provided by article ix of the constitution?
Under section 4 article ix of the constitution, the constitutional commissions shall appoint their officials and employees in accordance with law.
What is the rule regarding the finances and the appropriations on the constitutional commissions ?
under section 5 article ix of the constitution , the commission shall enjoy fiscal autonomy . Their approved annual appropriations shall be automatically and regularly released .
Do the constitutional commissions have the authority to promulgate their own rules? what are the limitations in the rules concerning this authority as provided by the constitution ?
Yes each commission may promulgate its own rules . The constitution provides in section 6 article ix:
Each commission en bancmay promulgate its own rules concerning pleadings and practice before it or before any of its offices . Such rules , however , shall not diminish , increase , or modify substantive rights .
How shall the constitutional commissions decide cases or matter is brought before it?
1) majority vote of all its members;
2) within 60 days from the date of submission of the case for resolution.
Under section 7 article ix of the constitution,
each commission shall decide by a majority vote of all its members any case or matter brought before it within 60 days from the date of its submission for decision or resolution.
When is a case or matter team submitted for decision or resolution?
Under section 7 article ix of the constitution,
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.
Does the supreme court have jurisdiction over cases decided by the constitutional commissions?
Yes the supreme court has jurisdiction over cases decided by the constitutional commissions. According to section 7 article ix of the constitution:
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 by the aggrieved party within 30 days from receipt of a copy thereof.
What body shall administer the civil service ?
Under section 1 article ix-b of the constitution, the civil service shall be administered by the civil service commission.
What shall be the composition of the Civil Service Commission?
Under section 1 article ix-b of the constitution, the civil service commission shall be composed of:
1) a chairman;
2) 2 commissioners.
What are the qualifications of the chairman of the civil service commission and the commissioners?
The chairman and the commissioners, as provided by section 1 article ix-b of the constitution:
1) shall be natural born citizens of the Philippines;
2) at least 35 years of age at the time of their appointment;
3) with proven capacity for public administration; and
4) must not have been candidates for any elective position in the elections immediately preceding their appointment.
How shall the the chairman in the commissioners of the civil service commission be appointed?
Under section 1 article ix-b of the constitution:
the chairman and the commissioners shall be appointed by the president with the consent of the commission on appointments for a term of 7 years without reappointment.
For how many years should the first chairman hold office ? for how many years shall the first commissioner hold office ? For how many years shall the second commissioner hold office ? When does this apply?
According to paragraph 2 section 1 article ix-b of the constitution, this applies only to the first appointment, the chairman shall hold office for 7 years , a commissioner for 5 years , and another commissioner for three years , without reappointment.
May the president appoint any member of the civil service commission and a temporary or acting capacity ?
No the president cannot appoint any member of the civil service commission in a temporary or acting capacity. article ix-b section 1 of the constitution provides that in no case shall any member be appointed or designated in a temporary or acting capacity .
