Powers of the Chairman vis--vis the Commission en banc

1. Commission on Audit
A. Composition of Commission Proper
1 Chairman
2 Commissioners

The Commission Proper shall sit as a body to determine policies,

promulgate rules and regulations, and prescribe standards
governing the performance by the Commission of its powers and
functions.
A.1 The Chairman
a. Presiding Officer of the Commission Proper and Chief
Executive Officer of the Commission
b. The Chairman may be assisted by the
commissioners in the general administration of the
Commission

(1) Control and supervise the general

administration of the commission; (2) Direct and manage the
implementation and execution of policies, standards, rules and
regulationsofthecommission;(3)Controlandsupervisetheaudit
ofhighlytechnicalorconfidentialtransactionsoraccountsofany
governmentagency;and(4)Performsuchotherrelatedfunctions
asmaybeassignedfromtimetotimebytheChairman.
c.

Duties:

A.2TheCommissioners
a. The two (2) Commissioners shall assist the Chairman,
upon proper delegation, in the general administration of the
Commission.
A.3TheCommissionProper

a.AppointingPower:TheCommissionPropershallappoint
in accordance with the Civil Service Law, the officials and
employees of the Commission wherever they are stationed or
assigned.(Sec.12,Chap4,EO292)
PowersandDuties
Chairman

Commissioners

2. Civil Service Commission

SECTION 12. Powers and Functions.The Commission shall

havethefollowingpowersandfunctions:
(1) Administer and enforce the constitutional and statutory
provisionsonthemeritsystemforalllevelsandranksintheCivil
Service;
(2)Prescribeamendandenforcerulesandregulationsforcarrying
into effect the provisions of the Civil Service Law and other
pertinentlaws;
(3) Promulgate policies, standards and guidelines for the Civil
Service and adopt plans and programs to promote economical,
efficientandeffectivepersonneladministrationinthegovernment;
(4) Formulate policies and regulations for the administration,

maintenance and implementation of position classification and

compensationandsetstandardsfortheestablishment,allocation
andreallocationofpayscales,classesandpositions;
(5)RenderopinionandrulingsonallpersonnelandotherCivil
Service matters which shall be binding on all heads of
departments,officesandagenciesandwhichmaybebroughttothe
SupremeCourtoncertiorari;
(6) Appoint and discipline its officials and employees in
accordancewithlawandexercisecontrolandsupervisionoverthe
activitiesoftheCommission;
(7)Control,superviseandcoordinateCivilServiceexaminations.
Anyentityorofficialingovernmentmaybecalleduponbythe
Commission to assist in the preparation and conduct of said
examinationsincludingsecurity,useofbuildingsandfacilitiesas
well as personnel and transportation of examination materials
whichshallbeexemptfrominspectionregulations;
(8) Prescribe all forms for Civil Service examinations,
appointments,reportsandsuchotherformsasmayberequiredby
law,rulesandregulations;
(9) Declare positions in the Civil Service as may properly be
primarilyconfidential,highlytechnicalorpolicydetermining;
(10)Formulate,administerandevaluateprogramsrelativetothe
developmentandretentionofqualifiedandcompetentworkforce
inthepublicservice;
(11)Hearanddecideadministrativecasesinstitutedbyorbrought
beforeitdirectlyoronappeal,includingcontestedappointments,

andreviewdecisionsandactionsofitsofficesandoftheagencies
attachedtoit.Officialsandemployeeswhofailtocomplywith
suchdecisions,orders,orrulingsshallbeliableforcontemptofthe
Commission. Its decisions, orders, or rulings shall be final and
executory.Suchdecisions,orders,orrulingsmaybebroughttothe
SupremeCourtoncertioraribytheaggrievedpartywithinthirty
(30)daysfromreceiptofacopythereof;
(12)Issuesubpoenaandsubpoenaducestecumfortheproduction
ofdocumentsandrecordspertinenttoinvestigationsandinquiries
conductedbyitinaccordancewithitsauthorityconferredbythe
Constitutionandpertinentlaws;
(13) Advise the President on all matters involving personnel
managementinthegovernmentserviceandsubmittothePresident
anannualreportonthepersonnelprograms;
(14) Take appropriate action on all appointments and other
personnel matters in the Civil Service including extension of
Servicebeyondretirementage;
(15)Inspectandauditthepersonnelactionsandprogramsofthe
departments,agencies,bureaus,offices,localgovernmentunitsand
otherinstrumentalitiesofthegovernmentincludinggovernment
ownedorcontrolledcorporations;conductperiodicreviewofthe
decisionsandactionsofofficesorofficialstowhomauthorityhas
beendelegatedbytheCommissionaswellastheconductofthe
officialsandtheemployeesintheseofficesandapplyappropriate
sanctionswhenevernecessary;
(16) Delegate authority for the performance of any function to
departments, agencies and offices where such function may be
effectivelyperformed;

(17)Administertheretirementprogramforgovernmentofficials
and employees, and accredit government services and evaluate
qualificationsforretirement;
(18) Keep and maintain personnel records of all officials and
employeesintheCivilService;and
(19) Perform all functions properly belonging to a central
personnelagencyandsuchotherfunctionsasmaybeprovidedby
law.
SECTION 13. Duties and Responsibilities of the Chairman.
Subject to policies and rules adopted by the Commission, the
Chairmanshall:
(1)DirectalloperationsoftheCommission;
(2) Establish procedures for the effective operations of the
Commission;
(3) Transmit to the President rules and regulations, and other
guidelines adopted by the Chairman which require Presidential
attentionincludingannualandotherperiodicreports;
(4)Issueappointmentsto,andenforcedecisionsonadministrative
disciplineinvolvingofficialsandemployeesoftheCommission;
(5) Delegate authority for the performance of any function to
officialsandemployeesoftheCommission;
(6)Approveandsubmittheannualandsupplementalbudgetofthe
Commission;and

(7)Performsuchotherfunctionsasmaybeprovidedbylaw.
SECTION 14. Membership of the Chairman in Boards.The
ChairmanshallbeamemberoftheBoardofDirectorsorofother
governingbodiesofgovernmententitieswhosefunctionsaffectthe
career development, employment status, rights, privileges, and
welfare of government officials and employees, such as the
Government Service Insurance System, Foreign Service Board,
ForeignTradeServiceBoard,NationalBoardforTeachers,and
suchothersimilarboardsasmaybecreatedbylaw.
SECTION15.DutiesandResponsibilitiesoftheMembersofthe
Commission.Jointly with the Chairman, the two (2)
Commissionersshallberesponsiblefortheeffectiveexerciseof
the rulemaking and adjudicative functions of the Commission.
Theyshalllikewiseperformsuchfunctionsasmaybedelegatedby
theCommission.IncaseoftheabsenceoftheChairmanowingto
illness or other cause, the senior member shall perform the
functionsoftheChairman.
SECTION 16. Offices in the Commission.The Commission
shallhavethefollowingoffices:
(1)TheOfficeoftheExecutiveDirectorheadedbyanExecutive
Director, with a Deputy Executive Director shall implement
policies, standards, rules and regulations promulgated by the
Commission; coordinate the programs of the offices of the
Commissionandrenderperiodicreportsontheiroperations,and
perform such other functions as may be assigned by the
Commission.

3. Supreme Court
A.M. No. 10-4-20-SC Internal Rules of the Supreme Court
RULE 2THE OPERATING STRUCTURES
Section 1. Exercise of judicial and administrative functions. The
Court exercises its judicial functions and its powers of administrative
supervision over all courts and their personnel through the Court en
banc or its Divisions. It administers its activities under the leadership
of the Chief Justice, who may, for this purpose, constitute supervisory
or special committees headed by individual Members of the Court or
working committees of court officials and personnel.
Section 3. Court en banc matters and cases. The Court en banc
shall act on the following matters and cases:
(a) cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, executive order,
presidential decree, proclamation, order, instruction, ordinance, or
regulation is in question;
(b) criminal cases in which the appealed decision imposes the death
penalty or reclusion perpetua;
(c) cases raising novel questions of law;
(d) cases affecting ambassadors, other public ministers, and consuls;
(e) cases involving decisions, resolutions, and orders of the Civil
Service Commission, the Commission on Elections, and the
Commission on Audit;
(f) cases where the penalty recommended or imposed is the
dismissal of a judge, the disbarment of a lawyer, the suspension of
any of them for a period of more than one year, or a fine exceeding
forty thousand pesos;
(g) cases covered by the preceding paragraph and involving the
reinstatement in the judiciary of a dismissed judge, the reinstatement
of a lawyer in the roll of attorneys, or the lifting of a judges
suspension or a lawyers suspension from the practice of law;

(h) cases involving the discipline of a Member of the Court, or a

Presiding Justice, or any Associate Justice of the collegial appellate
court;
(i) cases where a doctrine or principle laid down by the Court en banc
or by a Division my be modified or reversed;
(j) cases involving conflicting decisions of two or more divisions;
(k) cases where three votes in a Division cannot be obtained;
(l) Division cases where the subject matter has a huge financial
impact on businesses or affects the welfare of a community;
(m) Subject to Section 11 (b) of this rule, other division cases that, in
the opinion of at least three Members of the Division who are voting
and present, are appropriate for transfer to the Court en banc;
(n) Cases that the Court en banc deems of sufficient importance to
merit its attention; and
(o) all matters involving policy decisions in the administrative
supervision of all courts and their personnel.
Section 8. Composition and reorganization of a division. The
composition of each Division shall be based on seniority as follows:
(a) First Division Chief Justice, the fourth in seniority as working
chairperson, the seventh in seniority, the tenth in seniority, and the
thirteenth in seniority.
(b) Second Division the second in seniority as Chairperson, the fifth
in seniority, the eighth in seniority; the eleventh in seniority, and the
fourteenth in seniority.
(c) Third Division the third in seniority as Chairperson, the sixth in
seniority, the ninth in seniority, the twelfth in seniority, and the fifteenth
in seniority.
The Chief Justice may, however, consider factors other than
seniority in Division assignments. The appointment of a new
Member of the Court shall necessitate the reorganization of

Divisions at the call of the Chief Justice.

Section 12. Committees. (a) The Court shall have the following
permanent Committees, whose members shall be designated by the
Chief Justice:
(i) Committee on the Revision of the Rules of Court;
(ii) Committee on Computerization and Library;
(iii) Committee on Security;
(iv) Bids and Awards Committees;
(v) Committee on Administrative Concerns;
(vi) Legislative-Executive Relations Committee;
(vii) Committee on Publication of the Court Systems Journal;
(viii) Committee on Legal Education and Bar Matters;
(ix) Committee on Retirement Program;
(x) Committee on Public Information;
(xi) Judicial Reform Support Project Management Committee;
(xii) Committee on Publication of the Advanced Syllabi;
(xiii) Committee on Foreign Travel;
(xiv) Committee on Justice on Wheels; and
(xv) Committee on Gender Responsiveness in the Judiciary.
The Court may create other Committees as may be necessary,
with the Chief Justice designating the Committee Chairperson
and Members.
(b) Subcommittees may be created by the Chief Justice upon the

recommendation of the Committee Chairperson.

(c) Ad Hoc committees shall be created as the need arises.

RULE 4THE EXERCISE OF ADMINISTRATIVE FUNCTION

Section 1. Disciplinary cases against Court personnel.
Administrative supervision of courts and court personnel shall be
undertaken by the court en banc, provided that, in appropriate cases,
such function may be undertaken by the Divisions.
Section 2. Assisting officers in the exercise of administrative
function. In the discharge of its administrative functions, the Court
shall be assisted by the Office of the Clerk of Court in administrative
matters and cases involving the Court and the collegial appellate
courts, and by the Office of the Court Administrative matters and
cases involving the lower courts.
Section 3. Administrative functions of the Court. The administrative
functions of the Court en banc consist of , but are not limited to, the
following:
(a) the discipline of justices, judges and court personnel, whether by
en banc or by Division, subject to matters assignable to the Divisions,
disciplinary matters involving justices, judges and court personnel;
(b) the temporary assignment of judges to other stations as public
interest may require;
(c) the transfer of cases, from one court, administrative area or
judicial region, to another, or the transfer of venue of the trial of cases
to avoid miscarriage of justice;
(d) the amendment, modification or revocation of administrative
orders and circulars issued by the Court;
(e) the policy consideration and determination of matters and issues;

and
(f) matters involving the Judicial and Bar Council (JBC) or the
Philippine Judicial Academy (PHILJA) in the exercise of the Courts
supervisory authority over them.
4. Governance Commission on the GOCC
A. Composition of the GCG. - The GCG shall be composed of five (5)
members. The Chairman with the rank of Cabinet Secretary and two
(2) members with the rank of Undersecretary shall be appointed by
the President. The Secretaries of the Department of Budget and
Management and the Department of Finance shall sit as ex officio
members.
Powers: created to act as a central advisory, monitoring, and oversight body
with authority to formulate, implement and coordinate policiesgoverning
government-owned and controlled corporations (GOCCs), government financial
institutions (GFIS), government instrumentalities with corporate powers (GICP)
and government corporate entities (GCE).

The GCG shall have the following powers and functions:

(a) Evaluate the performance and determine the relevance of the
GOCC, to ascertain whether such GOCC should be reorganized,
merged, streamlined, abolished or privatized, in consultation with the
department or agency to which a GOCC is attached. For this
purpose, the GCG shall be guided by any of the following standards:
(1) The functions or purposes for which the GOCC was created are
no longer relevant to the State or no longer consistent with the
national development policy of the State;
(2) The GOCC's functions or purposes duplicate or unnecessarily
overlap with functions, programs, activities or projects already
provided by a Government Agency;
(3) The GOCC is not producing the desired outcomes, or no longer
achieving the objectives and purposes for which it was originally
designed and implemented, and/or not cost efficient and does not

generate the level of social, physical and economic returns vis-a-vis

the resource inputs;
(4) The GOCC is in fact dormant or nonoperational;
(5) The GOCC is involved in an activity best carried out by the private
sector; and
(6) The functions, purpose or nature of operations of any group of
GOCCs require consolidation under a holding company.
Upon determination by the GCG that it is to the best interest of the
State that a GOCC should be reorganized, merged, streamlined,
abolished or privatized, it shall:
(i) Implement the reorganization, merger or streamlining of the
GOCC, unless otherwise directed by the President; or
(ii) Recommend to the President the abolition or privatization of the
GOCC, and upon the approval of the President, implement such
abolition or privatization, unless the President designates another
agency to implement such abolition or privatization.
(b) Classify GOCCs into: (1) Developmental/Social Corporations; (2)
Proprietary Commercial Corporations; (3) Government Financial,
Investment and Trust Institutions; (4) Corporations with Regulatory
Functions; and (5) Others as may be classified by the GCG, without
prejudice to further subclassifications in each category and/or any
other classification based on parameters as it may find relevant or
material such as, but not limited to, industry type. The classification
shall guide the GCG in exercising its powers and functions as
provided herein;
(c) In consultation with the relevant government agencies and
stakeholders, adopt within one hundred eighty (180) days from its
constitution, an ownership and operations manual and the
government corporate standards governing GOCCs: Provided, That
the government corporate governance. Standards applicable to
GOCCs shall be no less rigorous than those required by the
Philippine Stock Exchange or the, Securities and Exchange
Commission of listed companies, or those required by the Bangko

Sentral ng Pilipinas or the Insurance Commission for banking

institutions and insurance companies, as the case may be. The
manual shall be consistent with the Medium-Term Philippine
Development Plan issued by the National Economic and
Development Authority (NEDA) and shall include:
(1) Objectives of State ownership;
(2) Role of national government in the governance of GOCCs;
(3) Modes of implementation of the ownership policy;
(4) Guidelines on the monitoring of the operations of all GOCCs
including their Related Corporations. These shall include Strategy
Maps, Charter Statements, Performance Commitments and such
other mechanisms;
(5) The roles, relationships and responsibilities of the State, the
Government Agencies to which the GOCC is attached, and the
GOCC;
(6) Disclosure and transparency requirements;
(7) Code of Ethics of Directors and Officers;
(8) Creation of board committees and similar oversight bodies;
(9) Integrated corporate reporting system;
(10) Statement of the social responsibilities of the GOCC; and
(11) Such other matters as the GCG may deem proper to include in
the ownership policy.
(d) Without prejudice to the filing of administrative and criminal
charges, recommend to the Board of Directors or Trustees the
suspension of any member of the Board of Directors or Trustees who
participated by commission or omission in the approval of the act
giving rise to the violation or noncompliance with the ownership
manual for a period depending on the nature and extent of damage
caused, during which period the director or trustee shall not be

entitled to any emolument;

(e) In addition to the qualifications required under the individual
charter of the GOCCs and in the bylaws of GOCCs without original
charters, the GCG shall identify necessary skills and qualifications
required for Appointive Directors and recommend to the President a
shortlist of suitable and qualified candidates for Appointive Directors;
(f) Establish the performance evaluation systems including
performance score cards which shall apply to all GOCCs in general
and to the various GOCC classification;
(g) Conduct periodic study, examination, evaluation and assessment
of the performance of the GOCCs, receive, and in appropriate cases,
require reports on the operations and management of the GOCCs
including, but not limited to, the management of the assets and
finances of the GOCCs;
(h) Conduct compensation studies, develop and recommend to the
President a competitive compensation and remuneration system
which shall attract and retain talent, at the same time allowing the
GOCC to be financially sound and sustainable;
(i) Provide technical advice and assistance to the government
agencies to which the GOCCs are attached in setting performance
objectives and targets for the GOCCs and in monitoring GOCCs
performance vis-a-vis established objectives and targets;
(j) Coordinate and monitor the operations of GOCCs, ensuring
alignment and consistency with the national development policies and
programs. It shall meet at least quarterly to:
(1) Review Strategy Maps and Performance Scorecards of all
GOCCs;
(2) Review and assess existing performance-related policies
including the compensation/remuneration of Board of Directors/
Trustees and Officers and recommend appropriate revisions and
actions; and
(3) Prepare performance reports of the GOCCs for submission to the

President.
(k) Prepare a semi-annual progress report to be submitted to the
President and the Congress. In its report, the GCG will provide its
performance assessment of the GOCCs and recommend clear and
specific actions. Within one hundred twenty (120) days from the close
of the year, the GCG shall prepare an annual report on the
performance of the GOCCs and submit it to the President and the
Congress; and
(1) Review the functions of each of the GOCC and, upon
determination that there is a conflict between the regulatory and
commercial functions of a GOCC, recommend to the President m
consultation with the Government Agency to which such GOOC is
attached, the privatization of the GOCCs commercial operations, or
the transfer of the regulatory functions to the appropriate government
agency, or such other plan of action to ensure that the commercial
functions of the GOCC do not conflict with such regulatory functions.
In the performance of its functions under subsections (a), (c), (e), (f),
(g), (h) and (1) herein and in any other review or evaluation of a
GOCC that the GCG may conduct, the GCG shall engage the
participation of the Secretary or highest ranking official of the relevant
agency or department, as the case may be.

B. Powers and Functions of the Chairman. The management of the

GCG shall be vested in the Chairman who shall have the following
powers and duties;
(a) Preside over the meetings of the GCG;
(b) Direct and manage the day -to-day affairs and business of the
GCG;
(c) With the approval of the GCG, determine the staffing pattern and
the number of personnel of the GOG and define their duties and
responsibilities;
(d) With the approval of the GCG, to appoint, remove, suspend, or

otherwise discipline for cause, any employee of the GCG; and

(e) Perform such other duties as may he delegated or assigned to
him by the GCG from time to time.