Professional Documents
Culture Documents
ARTICLE 9A
(Sec. 3)
Section 2. DISQUALIFICATIONS
No member of a Constitutional Commission shall,
during his tenure, hold any other office or
subsidiaries.
Disqualifications:
Members cannot, during their tenure:
1) Hold any other office or employment;
Section 4.
Section 5.
Procedures:
1) Rules: The Commissions may promulgate its own
rules EN BANC.
3) Power of SC
a). The SC may not, under Art. VIII Sec. 5(5), exercise
the power to disapprove rules of special courts and
quasi-judicial bodies.
Decision-Making:
submission.
prevail.
JUDICIAL REVIEW
Section 7. DECISION MAKING/APPEAL
ARTICLE 9B
Section 8.
predecessor
Composition:
1) Chairman
2) Commissioners 2 commissioners
Qualifications:
capacity.
Section 2. Scope:
(1) The civil service embraces all branches,
subdivisions, instrumentalities, and agencies of the
Term:
law.
Commissioner2 3 yrs
formulate a method of
fall within the Civil Service, and is not subject to the CSC
jurisdiction.
3. Even if once government-controlled, then becomes
privatized, ceases to fall under CSC.
c) Highly technical
superior degree.
C. The TEST to determine whether non/competitive is
complaint.
Non-Career Service
a)
b)
appointing authority or
F. Next-In-Rank Rule
c)
Security of Tenure:
process.
Abolition of Office
2) For LEGAL CAUSE Cause is:
To be valid, abolition must be made:
a). related to and affects the administration of office, and
(a) In good faith; (good faith is presumed)
b). must be substantial (directly affects the rights &
interests of the public)
3) Security of tenure for Non-competitive positions
a). Primarily confidential officers and employees hold
office only for so long as confidence in them remains.
b). If there is GENUINE loss of confidence, there is no
removal, but the expiration of the term of office
c). Non-career service officers and employees do not
enjoy security of tenure.
d). Political appointees in the foreign service possess
tenure coterminous with that of the appointing authority
or subject to his pleasure.
activity
programs.
campaign materials.
Section 4.
3) BUT: Allowed to express views on political issues,
and to mention the names of the candidates whom he
supports.
4) Prohibition does not apply to department secretaries
Right to organize
The right to organize does NOT include the right to strike
Section 3.
their positions.
Section 7.
their tenure.
Examples:
subsidiaries.
Disqualifications
1) Losing candidates in any election
Cannot receive:
A. Additional - an extra reward given for the same office
i.e. bonus
B. Double - when an officer is given 2 sets of
compensation for 2 different offices held concurrently by
1 officer
C. Indirect Compensation
officer or
employee concerned.
ARTICLE 9C
THE COMMISSION ON ELECTIONS
Section 1. COMPOSITION/QUALIFICATIONS/TERM
(1) There shall be a Commission on Elections
1) Chairman and
2) Commissioners (6)
Qualifications:
must be:
Exercise:
3. City officials
B. Appellate jurisdiction over all contests involving:
1. Elective municipal officials decided by trial courts of
general jurisdiction
appealable.
Note: Questions involving the right to vote fall within the
Exception: Appealable to the SC on questions of law.
1. Contempt powers
Commission on Elections.
Constitution
government.
is valid.
registerable.
e). Financial contributions from foreign governments and
their agencies to political parties, organizations,
2)
1)
2)
3)
Section 4. SUPERVISION/REGULATION OF
FANCHISES / PERMITS / GRANTS / SPECIAL
PRIVILEGES / CONCESSIONS
subsidiary
referenda.
elections.
Regulation of franchises
ratification
purpose.
COMELEC and the MEDIA
Section 6
Definition of Political Party
1)
party.
2)
ideals.
3)
Section 9.
Unless otherwise fixed by the Commission in special
cases, the election period shall commence ninety
days before the day of election and shall end thirty
days thereafter.
Section 10.
from suit.
ARTICLE 9D
Section 1. COMPOSITION/QUALIFICATIONS
How provided
1)
2)
necessary.
Release of funds
(2) The Chairman and the Commissioners shall be
6)
appointment.
Term:
1)
Commissioner 2 -3 yrs.
2)
allowed
1)
Chairman, and
2)
Commissioners (2).
3)
Qualifications:
1)
2)
3)
Either:
5)
1)
1. The Government;
instrumentalities;
2)
expenditure.
1)
necessary.
4)
revenues;
2. Examine and audit all forms of govt expenditures
pertaining thereto.
regulations.
2)
3)
4)
7)
law;
3. The goods or services covered by such contract
have been delivered or rendered in pursuance to
such contract, as attested by the proper officer; and
4. Payment has been authorized by officials of the
corresponding department or bureau.
6)
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.